Corporate Disruption: The Law and Design of Organizations in the 21st Century

38 Pages Posted: 4 Aug 2016 Last revised: 13 Oct 2016

See all articles by J. William Callison

J. William Callison

Faegre Baker Daniels LLP

Mark Fenwick

Kyushu University - Graduate School of Law

Joseph A. McCahery

Tilburg University - School of Law; European Banking Center (EBC); Tilburg Law and Economics Center (TILEC); European Corporate Governance Institute (ECGI)

Erik P. M. Vermeulen

Tilburg University - Department of Business Law; Signify (formerly known as Philips Lighting) - Legal Department; Tilburg Law and Economics Center (TILEC); European Corporate Governance Institute (ECGI); Kyushu University - Graduate School of Law

Date Written: August 4, 2016

Abstract

This paper explores the issue of “re-making” corporate law through the prism of the United Nations’ recent efforts at reducing legal obstacles experienced by micro, small and medium-sized enterprises in starting and scaling a business. In order to be successful, we recommend that the UN should go back to business fundamentals and should attempt to build from the ground up based on the real world needs of entrepreneurs, rather than work off already existing corporate legal systems. In this way, it is possible to engage in a more imaginative form of regulatory design in which a clear, open and preferential legal framework for stimulating innovation and business creation can be developed.

Keywords: Company, corporate governance, corporation, entrepreneurship, formal economy, freedom of contract, hybrid business forms, informal economy, micro-finance, organization, theory of the firm, uncorporation, ventures

JEL Classification: D21, F6, G34, K20, K22, L20, L22, L26, O31

Suggested Citation

Callison, J. William and Fenwick, Mark and McCahery, Joseph A. and Vermeulen, Erik P.M., Corporate Disruption: The Law and Design of Organizations in the 21st Century (August 4, 2016). Lex Research Topics in Corporate Law & Economics Working Paper No. 2016-5; European Corporate Governance Institute (ECGI) - Law Working Paper No. 326/2016; TILEC Discussion Paper No. 2016-026. Available at SSRN: https://ssrn.com/abstract=2818383 or http://dx.doi.org/10.2139/ssrn.2818383

J. William Callison

Faegre Baker Daniels LLP ( email )

1700 Lincoln St. #3200
Denver, CO 80203
United States

Mark Fenwick

Kyushu University - Graduate School of Law ( email )

6-19-1 Hakozaki,
Fukuoka
Japan

Joseph A. McCahery

Tilburg University - School of Law; European Banking Center (EBC) ( email )

Warandelaan 2
Tilburg, 5000 LE
Netherlands
+31-(0)13-466-2306 (Phone)
+31-(0)13-466-2323 (Fax)

Tilburg Law and Economics Center (TILEC)

Warandelaan 2
Tilburg, 5000 LE
Netherlands

European Corporate Governance Institute (ECGI)

c/o the Royal Academies of Belgium
Rue Ducale 1 Hertogsstraat
1000 Brussels
Belgium

HOME PAGE: http://www.ecgi.org

Erik P.M. Vermeulen (Contact Author)

Tilburg University - Department of Business Law ( email )

Signify (formerly known as Philips Lighting) - Legal Department ( email )

Amstelplein 2
Amsterdam
Netherlands

Tilburg Law and Economics Center (TILEC)

Warandelaan 2
Tilburg, 5000 LE
Netherlands

European Corporate Governance Institute (ECGI) ( email )

c/o the Royal Academies of Belgium
Rue Ducale 1 Hertogsstraat
1000 Brussels
Belgium

Kyushu University - Graduate School of Law ( email )

6-19-1, Hakozaki, Higashiku
Fukuoka, 812-8581
Japan

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