The Cambridge Handbook of Social Enterprise Law
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Description
Book Chapters
Lloyd Hitoshi Mayer, Creating a Tax Space for Social Enterprise, in The Cambridge Handbook of Social Enterprise Law 157 (Benjamin Means & Joseph W. Yockey eds., 2018)
While still relatively few in number compared to traditional nonprofit and for-profit organizations, the rise of social enterprises represents a possible disruption of not only existing models of doing business but also areas of law that in many respects have seen little fundamental change for decades. One such area is domestic tax law, where social enterprises currently find themselves subject to the rules of for-profit activities and entities. Here, both scholars and policymakers are beginning to ask whether it is either necessary or desirable to modify existing tax provisions to better accommodate social enterprise: that is, whether to create a distinct tax space for social enterprise.
This chapter considers some of the initial answers to this question and places them within a larger, tax theory framework in order to advance consideration of this emerging issue.
Paul B. Miller & Andrew S. Gold, Fiduciary Duties in Social Enterprise, in The Cambridge Handbook of Social Enterprise Law 321 (Benjamin Means & Joseph W. Yockey eds., 2018).
This chapter examines theoretical and practical issues relating to fiduciary administration in social enterprise. It argues that social enterprise often calls for fiduciary administration on a hybrid model, combining elements of service-type administration and governance-type administration. Like standard service-type situations, social enterprise calls for administration in the interests of a defined constituency (ordinarily, shareholders). However, hybridity is introduced through the commitment to general public-oriented purposes that distinguish social enterprise from conventional business organizations. We will show that, contrary to common opinion, the fiduciary hybridity found in social enterprise is neither unique nor unworkable. We will briefly discuss other examples of hybrid fiduciary relationships and institutions, and we will explain the value of hybridity and how problems attributed to it are, or may be, resolved.
ISBN
9781107186552
Publication Date
2018
Publisher
Cambridge University Press
City
New York
Keywords
tax, social enterprises, fair wages, profits, development, Corporate Law, hybrid, benefit corporation, fiduciary duties, discretion, for-profit, non-profit, corporate governance, public benefit corporations
Disciplines
Business Organizations Law | Commercial Law | Environmental Law | Human Rights Law | Labor and Employment Law | Law | Law and Society | Nonprofit Organizations Law | Tax Law
Recommended Citation
Mayer, Lloyd Histoshi and Miller, Paul B., "The Cambridge Handbook of Social Enterprise Law" (2018). Books. 328.
https://scholarship.law.nd.edu/law_books/328