Comparative Corporate Governance of Non-Profit Organizations

Experts and practitioners from the USA and Europe discuss various aspects of comparative corporate governance for non-profit organisations.

Klaus J. Hopt (Edited by), Thomas Von Hippel (Edited by)

9780521761840, Cambridge University Press

Hardback, published 22 April 2010

1048 pages, 4 tables
23.6 x 16 x 5.1 cm, 1.76 kg

The economic importance of the non-profit sector is growing rapidly in the USA and Europe. However, the law has not kept abreast with its development. The European Court of Justice has extended certain freedoms of the EC Treaty to non-profit organisations, and more case law is expected to follow in the near future, but the observations, theories, solutions and legal and non-legal rules in this field are manifold. The chances of harmonising the law on a European level are slim. Despite these differences, a common core of international corporate governance problems and regulatory solutions can be seen. This volume of essays brings together a variety of international experts from both corporate governance and governance of non-profit organisations to compare the two areas and explore the lessons that can be learned regarding comparative corporate governance for non-profit organisations.

Part I. Economic Findings and Theories on Non-Profit Organizations: 1. The non-profit sector: introductory remarks
What kind of non-profit sector, what kind of society? Comparative policy reflections Helmut K. Anheier
2. Good and not so good governance of non-profit organizations: factual observations from the USA and Europe
Good and not so good governance of non-profit organizations: factual observations from the USA John A. Edie
Good and not so good governance of non-profit organizations: factual observations from foundations in Germany Christoph Mecking
3. Economic theories of non-profit organizations
The economics of non-profit organizations Henry Hansmann
principle-agent theory and non-profit accountability Richard Steinberg
Part II. The Non-Profit Sector: Private Law, Trust Law, Tax Law in Selected Countries: 4. Anglo-American countries
Non-profit organizations in the United States James Fishman
Harmonising non-profit law in the European Union: an English perspective and digest Hubert Picarda
5. Germanic countries
Non-profit organizations in Germany Thomas von Hippel
Non-profit organizations in the Netherlands Tymen J. van der Ploeg
6. Romanic countries
Non-profit organizations in France Katrin Deckert
7. Transformation countries
Non-profit organizations in Hungary Zoltán Csehi
Non-profit organizations in the Czech Republic Kate?ina Ronovská
Non-profit organizations in the People's Republic of China Thomas Von Hippel and Knut B. Pißler
Part III. The Board of Non-Profit Organizations: 8. The board of non-profit organizations: law and practice
The board of non-profit organizations: puzzling through the gaps between law and practice: a view from the United States Evelyn Brody
The board of non-profit organizations: some corporate governance thoughts from Europe Klaus J. Hopt
9. The duty of obedience
Rediscovering the duty of obedience: Toward a trinitarian theory of fiduciary duty Robert Atkinson
Duty of obedience: the German perspective Rainer Hüttemann
Part IV. Good Governance of Non-Profit Organizations: Activities and Regulatory Problems: 10. Fundraising
Regulation of fundraising by charities and voluntary organisations in England and Wales Peter Luxton
Comparing regulation of fundraising: self-regulation or governmental regulation? W. J. M. van Veen
11. Asset management in non-profit organizations
asset management in non-profit organizations Carsten Carstensen
Legal standards for capital investments by foundations in hedge funds according to German and American law Maximilian Haag and Andreas Richter
12. Non-profit organizations and economic activities/Enterprises
Non-profit organizations and economic activities/enterprises Carl Hemström
Non-profit organizations and enterprises: the Danish foundation law as an example Sören Friis Hansen
Part V. Good Governance of Non-Profit Organizations: Internal Governance, Self-Regulation, Disclosure and Supervision: 13. Internal governance and self-regulation
The protection of members and creditors of non-profit organisations Susanne Kalss
Foundation governance in Switzerland Thomas Sprecher
14. Disclosure, reporting, auditing
Financial reporting by non-profit organizations: United States developments Stanley Siegel
Charity commission regulation of the charity sector in England and Wales: the key role of charity audit regulation Greyham Dawes
15. Enforcement by state supervision and tax authorities
The charity commission for England and Wales Richard Fries
Internal revenue service and states revenue department oversight of non-profit organizations in the United States John D. Colombo
Tax law as an instrument to strengthen the corporate governance of the non-profit sector Thomas von Hippel and Rainer Walz.

Subject Areas: Company, commercial & competition law [LNC], Corporate governance [KJR]