Freedom of Business and Regulation on Pseudo-Foreign Corporations
| Project/Area Number |
16K16994
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
International law
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| Research Institution | Osaka University of Economics and Law |
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Principal Investigator |
Onogi Hisashi 大阪経済法科大学, 法学部, 准教授 (90752527)
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| Project Period (FY) |
2016-04-01 – 2018-03-31
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| Project Status |
Completed (Fiscal Year 2017)
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| Budget Amount *help |
¥1,560,000 (Direct Cost: ¥1,200,000、Indirect Cost: ¥360,000)
Fiscal Year 2017: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2016: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
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| Keywords | 通商航海条約 / 事業活動の自由 / EU運営条約 / 開業の自由 / 擬似外国会社 / 会社法821条 / 擬似外国会社規制 / カリフォルニア州一般会社法2115条 / 友好通商航海条約 / 二国間投資協定 / 国際私法 / 外人法 |
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| Outline of Final Research Achievements |
This research focused on the questions 1) if Regulation on Pseudo-Foreign Corporations in japan is in violation of Freedom of Business in the Treaty of Commerce and Navigation and 2) if not, which form of regulation is appropriate. As for 1), it was found that there were similar discussions about the relationship between the treaty and national law in Germany. It was pointed out these discussions could be brought into Japanese ones for certain degree such as 'genuine link' between the corporation and the country where it carries out its business.
As for 2), it was pointed out that the means to regulate Pseudo-Foreign Corporations stipulated in California General Corporation Law could be one of the options when Japan revise the way to regulate such corporations instead of current one.
The research products were presented in several academic meetings and published in academic magazines.
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Report
(3 results)
Research Products
(10 results)
