2 Chapter4 国际商法.doc

Chapter 4 Multinational Enterprise Contents Summary………………………………………………………………………2 Outline…………………………………………………………………………3 Questions ………………………………………………………………………16 Vocabulary………………………………………………………………………19 Part1: Summary M.N.E. (Multinational Enterprise) is a business organization which has direct investments abroad in different markets. It is a company that sells, markets, and manufactures in many countries. Large firms whose operations and functions span national borders. Operates in different countries and adjusts products and practices to each at a higher relative costs. Shareholders and stockholders who do not intervene in the day-to-day operations of the corporation but the only interest is in the return of their investments. The purpose of the corporation is to make a profit (goals and objectives). The board of directors is responsible to the shareholders with right to dividends not the investment per se, they are the legal representatives, and can be sued. Part2: Outline Chapter 4 - The Multinational Enterprise 1. Introduction a. The organization and regulations of a business is a matter of municipal law. A. THE BUSINESS FORM 1. Introduction a. The organizational form a business takes is a matter of municipal law. 1) States authorize or forbid different business forms based on: a) Political ideology. b) Economic and social needs. 2) The company laws of every country in the world are unique in many ways. 3) A prudent business investor planning to organize a firm abroad will investigate in detail the company laws of the particular country involved. b. For comparative and general planning purposes, it is useful to know the legal derivation of national company laws in categorizing business forms. 1) Most national company laws are derived from: a) The civil law, especially French and German law. b) The common law, especially English law. 2. Business Forms in Civil Law States a. Company: An association of persons or of capital organized for the purpose of carrying o