Company Law and the Law of Succession Droit Commercial/Commercial Law

This Report explores the intersection of company law and the law of succession in the United States of America. U.S. company law features a complex variety of business entity forms, available in different U.S. states, with their own legal rules related to important issues such as the how much ownership is separated from control. The death of an owner, and the potential distribution of her rights and interests to heirs, can be a significant turning point in a business entity's life as personal succession and business succession intersect. This paper offers a structure for understanding the complexity of the U.S. system by examining some potential legal effects of the death of an owner and by identifying a set of key factors of the U.S. approach to succession issues. Significant factors include the federalist nature of the U.S. system, the importance of small and family-owned businesses, and an emphasis on freedom of choice in business entity governance. Considering why these factors are critical to understanding the U.S. approach offers general insight into the current state of U.S. law as well as possible directions the law might move in the future

Business · Commercial law · Common law · Corporate governance · Corporate law · Ecological succession · Law and economics · Political science · Sociology · State (computer science) · Computer Science · Corporate Governance and Law · Corporate Insolvency and Governance · Corporate Law and Human Rights · Finance · Law