Comparative Corporate Governance of Non-Profit Organizations

Klaus J. Hopt is Professor of Law and Director Emeritus at the Max Planck Institute for Comparative and International Private Law, Hamburg. Thomas Von Hippel is a project coordinator of several interdisciplinary and legal comparative research projects on non-profit organisations, foundations, taxation and philanthropy.

• Part I. Economic Findings and Theories on Non-Profit Organizations: 1. The non-profit sector: introductory remarks; What kind of non-profit sector, what kind of society? Comparative policy reflections Helmut K. Anheier; 2. Good and not so good governance of non-profit organizations: factual observations from the USA and Europe; Good and not so good governance of non-profit organizations: factual observations from the USA John A. Edie; Good and not so good governance of non-profit organizations: factual observations from foundations in Germany Christoph Mecking; 3. Economic theories of non-profit organizations; The economics of non-profit organizations Henry Hansmann; principle-agent theory and non-profit accountability Richard Steinberg; Part II. The Non-Profit Sector: Private Law, Trust Law, Tax Law in Selected Countries: 4. Anglo-American countries; Non-profit organizations in the United States James Fishman; Harmonising non-profit law in the European Union: an English perspective and digest Hubert Picarda; 5. Germanic countries; Non-profit organizations in Germany Thomas von Hippel; Non-profit organizations in the Netherlands Tymen J. van der Ploeg; 6. Romanic countries; Non-profit organizations in France Katrin Deckert; 7. Transformation countries; Non-profit organizations in Hungary Zoltán Csehi; Non-profit organizations in the Czech Republic Kateřina Ronovská; Non-profit organizations in the People's Republic of China Thomas Von Hippel and Knut B. Pißler; Part III. The Board of Non-Profit Organizations: 8. The board of non-profit organizations: law and practice; The board of non-profit organizations: puzzling through the gaps between law and practice: a view from the United States Evelyn Brody; The board of non-profit organizations: some corporate governance thoughts from Europe Klaus J. Hopt; 9. The duty of obedience; Rediscovering the duty of obedience: Toward a trinitarian theory of fiduciary duty Robert Atkinson; Duty of obedience: the German perspective Rainer Hüttemann; Part IV. Good Governance of Non-Profit Organizations: Activities and Regulatory Problems: 10. Fundraising; Regulation of fundraising by charities and voluntary organisations in England and Wales Peter Luxton; Comparing regulation of fundraising: self-regulation or governmental regulation? W. J. M. van Veen; 11. Asset management in non-profit organizations; asset management in non-profit organizations Carsten Carstensen; Legal standards for capital investments by foundations in hedge funds according to German and American law Maximilian Haag and Andreas Richter; 12. Non-profit organizations and economic activities/Enterprises; Non-profit organizations and economic activities/enterprises Carl Hemström; Non-profit organizations and enterprises: the Danish foundation law as an example Sören Friis Hansen; Part V. Good Governance of Non-Profit Organizations: Internal Governance, Self-Regulation, Disclosure and Supervision: 13. Internal governance and self-regulation; The protection of members and creditors of non-profit organisations Susanne Kalss; Foundation governance in Switzerland Thomas Sprecher; 14. Disclosure, reporting, auditing; Financial reporting by non-profit organizations: United States developments Stanley Siegel; Charity commission regulation of the charity sector in England and Wales: the key role of charity audit regulation Greyham Dawes; 15. Enforcement by state supervision and tax authorities; The charity commission for England and Wales Richard Fries; Internal revenue service and states revenue department oversight of non-profit organizations in the United States John D. Colombo; Tax law as an instrument to strengthen the corporate governance of the non-profit sector Thomas von Hippel and Rainer Walz.