ROBERT ALEX FLEMING

When you form a business, you must first decide the choice of legal entity.  The one that works best for your organization depends on structure, liability, management, and tax considerations. Businesses are generally formed as sole proprietorship, partners, corporations, and limited liability companies (although there are other entities not so common). Operating under a sole proprietorship A sole proprietorship is a business that is run by one person alone, without the need of a partner…

An important consideration for not having one person holding  the dual role of chair of the board (Chair) and chief executive officer (CEO) in a corporation is because such an arrangement collects too much power in a single director within the board.  It generates numerous conflicts of interests, agency problems and enables the CEO to manipulate and/or control the direction of the board. In the U.S a notorious case was Enron and its Board Chair…

This article evaluates Hobby Lobby Stores, the US Supreme Court case that addresses among other things the debate  of social justice in corporate law. It raises the question of whether current law should require and or expect for-profit corporations to pursue profit at the expense of everything else.1 We explore the existence and extent of for-profit corporations pursuing more than profits and how they have developed and legislated. In  Hobby Lobby  the Supreme Court argues…