| Project/Area Number |
16600001
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
非営利・共同組織
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| Research Institution | Kyoto University |
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Principal Investigator |
KINAMI Atsushi Kyoto University, Faculty of Law, Professor, 大学院法学研究科, 教授 (30144314)
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| Co-Investigator(Kenkyū-buntansha) |
HONDA Masaki Kyoto University, Faculty of Law, Professor, 大学院法学研究科, 教授 (80378504)
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| Project Period (FY) |
2004 – 2006
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| Project Status |
Completed (Fiscal Year 2006)
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| Budget Amount *help |
¥3,200,000 (Direct Cost: ¥3,200,000)
Fiscal Year 2006: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 2005: ¥1,300,000 (Direct Cost: ¥1,300,000)
Fiscal Year 2004: ¥1,100,000 (Direct Cost: ¥1,100,000)
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| Keywords | Not-for-Profit Organizations / Charitable Trusts / Law of Trusts / Duty of Loyalty / Fiduciary Administration / Law of Corporations / 行動基準 / アメリカ法 / 比較法 |
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| Research Abstract |
Proper organizational principles and good standards of conducts for directors and officers of not-for-profit organizations and trustees in charitable trust law for their administration are essential to assure that the purposes of those organizations and trusts are effectively served. This research investigated what those principles and standards of conducts are through comparative examination of law in Japan and in the United States that governs conducts of directors and officers of not-for-profit organizations and trustees.
Last year in Japan a set of laws was enacted that provides for the legal regime for nonprofit corporations and the criteria to meet for nonprofit corporations and purpose trusts to obtain charitable status. This research investigated on the organizational principles for nonprofit corporations and on duties and responsibilities of officers of those corporation comparing nonprofit and business corporation laws to bring similarities and differences in organizational principles between business and nonprofit corporations to relief.
Duties of directors and officers of nonprofit corporations and trustees of charitable trust are described as fiduciary duty and they are bound by rules imposed by discreet positive laws so that their administration of corporations and trust generate benefits as intended by their respective organic instruments. In this connection this research focus on the duty of loyalty for trustees as prototype, and investigated on the criteria to find a breach of loyalty duty under "no further" inquiry rule with a view toward effective enforcement of that duty.
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