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An Economic and Moral Consideration Corporations law optimum insurance essay Price Nicholas Murray Butler famously said that the limited liability corporation was the greatest invention of modern times, exceeding steam and electricity; others, such as Bierce, have claimed that corporations are a way to make profit without responsibility.
According to Francis, the historical origins of the limited liability company in the UK, created by the Joint Stock Companies Act andwere inspired by mixed and contrasting values: I will draw on a range of legal, economic and philosophical arguments. This essay is divided into three sections.
The first section gives a contrasting economic analysis of the efficiency of an unlimited liability regime and a limited liability regime, including the market for insurance.
The second section briefly considers the impact of a change in liability regime on the capital markets. The final section argues that moral arguments must play a part in deciding the appropriate regime.
An Economic Analysis of Limited liability A general economic analysis was presented by Halpern et al which considered the efficiency of limited liability in the current form compared to unlimited liability with a market for insurance. Shareholders Meiners argued that the costs to shareholders in terms of information and agency would not increase as shareholders would not want to be involved in active management regardless of the liability regime.
The information costs vary for shareholders. Unlimited liability however may lead to an inefficient increase in information and monitoring costs.
Creditors Creditors lose out when costs are not paid on time in terms of administrative and legal costs, as well as the opportunity cost. There are situations where creditors, could not offer a rate of return that is viable for both them and the debtor and consequently they will need to reduce the risk to make a loan profitable.
In this case they may require equity such as venture capitalists do or security in the form of a personal guarantee. The reduction of risk would allow for a lower rate of interest to be charged,  however it may lead to a significant increase in monitoring costs.
For unlimited liability, where owners do not have insurance, the information costs will manifest in determining whether shareholders have sufficient wealth as bankruptcy laws are in place which act similarly to limited liability.
Insurers may be in a better position to handle this if the premiums charged were re-evaluated more frequently. Creditor may be able to diversify risk more efficiently than insurers,  unless they are specialised in a specific area, in which case any inefficiency may be offset by increased information.
This diversification may be vital to the survival of the company should some systematic factor cause multiple insolvencies in a particular area; for instance, some firms may suffer from a crash in a particular industry or from a general economic downturn. Insurance Agencies Arrow has argued that limited liability is a consequence of failures in the insurance market.
The moral hazard problem is more likely occur within small, tightly-knit firms who can more easily alter their activities. The frequency of insurance monitoring when determining the premium may also discourage this but will add to monitoring and information costs.
Within this grouping, those who are below-average risk will not insure.
The average risk therefore increases causing the premium to increase. Conclusion The economic analysis on insurers and creditors is inconclusive on which form of liability is the most efficient, though evidence suggests that if shareholders had neither insurance nor statutory limited liability there would be significant inefficiency and so if insurance markets were to fail,  a limited liability regime is clearly preferable.
Halpern concludes that for large firms limited liability is justified, especially as the capital markets rely on this.
For small firms the risk of the moral hazard makes limited liability inefficient and so they conclude an unlimited liability regime is justified.
Further, creditors currently require personal guarantees in the case of many small companies and the administration costs of organising these guarantees are likely far less than the legal enforcement costs just mentioned. The Capital Markets It would be impossible to engage in a complete analysis of the impact of liability on capital markets within this essay; in this section I merely hope to illustrate that any economic analysis must be inconclusive as the capital markets and the private entrepreneurship that drive them are too dynamic to predict.
Manne contended that if it were not for limited liability, small investments would not be made unless individuals were practically bankrupt, implying that limited liability is necessary for efficient capital markets.
The behaviour of investors may be very different in the cases of new start-ups or struggling companies and a tendency towards risk aversion may reduce the efficiency of capital markets. There may also be procedural obstacles to the efficient functioning of capital markets.initiativeblog.com is the place to go to get the answers you need and to ask the questions you want.
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mpany being a 'separate legal entity' and the 'lifting of the corporate veil'.As application of the principle in Saloman's case to a public company, OI Ltd is a separate legal entity and is distinct f ompany, OI Ltd is a separate legal entity and is distinct from its directors and shareholders.
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PART TWO. INSTITUTE OF BUSINESS AND ACCOUNTING STUDIES CURRICULUM AND SYLLABI. The purpose of this essay is to identify and analyse the strategic capabilities and by extension strategic choices available to a multinational corporation.
The multinational corporation being analysed is The Hong Kong and Shanghai Banking Corporation (HSBC), which is one of the worlds leading.