William Mitchell Law Review has just posted the following Call for Papers.
Call for Articles and Essays
Taking “Business” Out of Unincorporated Business OrganizationsThe William Mitchell Law Review announces a full issue devoted to the topic of business organizations lacking a business purpose. The issue will focus on the breadth of uses of unincorporated entities, particularly in light of the removal of the “business purpose” requirement from many governing statutes. We are interested in articles and essays that discuss any legal or practical ramifications—including, but not limited to, issues regarding not-for-profit organizations and non-“business” uses.
In case you are not familiar with the William Mitchell Law Review, here is some background information. The Law Review recently ranked twenty-second nationally in citations by judges and fifty-seventh in citations by other law journals and over the years has published works from five United States Supreme Court Justices (Warren E. Burger (William Mitchell ’31), Harry Blackmun, Sandra Day O’Connor, Lewis Franklin Powell Jr., and Byron White). While the Law Review of course publishes many articles from academics, we also welcome the work of expert practitioners.
We are committed to timely publication of this issue, and therefore submissions are due by August 1, 2011. For authors with a record of timely submissions to journals, we may be willing to make a publication decision based on an abstract of approximately 500-800 words, submitted by May 1, 2011.
If you might be interested in writing an article or essay for this issue, please contact the Executive Editor Peter Banick at peter.banick@wmitchell.edu. He will provide more detailed information with respect to submissions, acceptance, and the editorial timeline and process, as well as answer any questions that you may have.
(Emphasis added). Note that WMLR accepts papers from both academics and practitioners.
posted by Gary Rosin
EIRLs: France Adopts Limited Liabiity Sole Propreitorship
Monday, March 7th, 2011Last year, France adopted legislation allowing sole proprietors to form an EIRL–”Entrepreneur individuel à responsabilité limitée”. LOI n° 2010-658 du 15 juin 2010 relative à l’entrepreneur individuel à responsabilité limitée. From my little-used college French, and the literal Google ® translation, the law requires a public filing of a Declaration of Trust identifying assets–and their values–dedicated to the business, as well as annual reports.
My correspondent, Tadas Klimas, from Lithuania, also sends along this link to the Google ® translation of a post discussing EIRLs on Themis, “le blog sur la justice, la loi et l’équité” (original post).
For a law establishing a new unincorporated business entity, the EIRL law is astonishingly brief. The law limits post-filing creditors of the business to declared business assets, but I couldn’t find anything about limiting distributions to, or the rights of personal creditors of, the sole proprietor.
As Grace Potter of Grace Potter and the Nocturnals sings, “If I were from Paris / I would say / Oooh la la la la la la.”
posted by Gary Rosin
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