Legal Advisors and Family Business Owners: A Transaction Cost Understanding of "the Ownership Contract"

被引:0
作者
Haag, Kajsa [1 ,2 ,6 ]
Almlof, Hanna [2 ,3 ]
Madsen, Marina B. [4 ,5 ]
Neville, Mette [5 ]
机构
[1] Jonkoping Univ, Jonkoping Int Business Sch, Jonkoping, Sweden
[2] CeFEO Ctr Family Entrepreneurship & Ownership, Linkoping, Sweden
[3] Linkoping Univ, Linkoping, Sweden
[4] FSR Danish Auditors, Copenhagen, Denmark
[5] Aarhus Univ, Ctr Small & Medium Sized Enterprises CeSME, Aarhus, Denmark
[6] Jonkoping Univ, Jonkoping Int Business Sch, Ctr Family Entrepreneurship & Ownership, POB 1026, S-55111 Jonkoping, Sweden
关键词
family business; legal advice; advisors; ownership regulation; ownership costs; SOCIOEMOTIONAL WEALTH; STEWARDSHIP THEORY; FIRM; PERSPECTIVE; LAW; CONFLICT; ASSET;
D O I
10.1177/08944865231217882
中图分类号
F [经济];
学科分类号
02 ;
摘要
Family business owners are dependent on legal advice to control ownership changes and uphold a functional balance between owners. This advice spans both family law and business law. However, family business owners are found to underutilize the legal instruments available, especially for small- and medium-sized enterprises. We explore the market for legal advice provided to family business owners. Our findings describe specific ownership costs that decrease owners' willingness and ability to contract. This avoidance of ex ante costs puts the owners at risk of extensive ex post costs that could ultimately jeopardize the business.
引用
收藏
页码:292 / 314
页数:23
相关论文
共 96 条
  • [1] A regulation and transaction cost perspective on the design of corporate law
    Almlof, Hanna
    Bjuggren, Per-Olof
    [J]. EUROPEAN JOURNAL OF LAW AND ECONOMICS, 2019, 47 (03) : 407 - 433
  • [2] Family Firms Amidst the Global Financial Crisis: A Territorial Embeddedness Perspective on Downsizing
    Amato, Stefano
    Patuelli, Alessia
    Basco, Rodrigo
    Lattanzi, Nicola
    [J]. JOURNAL OF BUSINESS ETHICS, 2023, 183 (01) : 213 - 236
  • [3] [Anonymous], 1974, Journal of Small Business Management
  • [4] [Anonymous], 2010, Company law and SMEs
  • [5] [Anonymous], 2010, EUR BUS LAW REV
  • [6] Astrachan J.H., 2010, Journal of Family Business Strategy, V1, P6, DOI [10.1016/1.1fbs.2010.02.001, DOI 10.1016/J.JFBS.2010.02.001]
  • [7] Binz Astrachan C., 2021, J FAM BUS STRATEG, V12
  • [8] Organization of transfers of small and medium-sized enterprises within the family: Tax law considerations
    Bjuggren, PO
    Sund, LG
    [J]. FAMILY BUSINESS REVIEW, 2005, 18 (04) : 305 - 319
  • [9] A transaction cost rationale for transition of the firm within the family
    Bjuggren, PO
    Sund, LG
    [J]. SMALL BUSINESS ECONOMICS, 2002, 19 (02) : 123 - 133
  • [10] Heed Our Advice: Exploring How Professionals Guide Small Business Owners in Start-Up Entity Choice
    Blair, Eden S.
    Marcum, Tanya M.
    [J]. JOURNAL OF SMALL BUSINESS MANAGEMENT, 2015, 53 (01) : 249 - 265