# Corporate charters

`kaal:entity:corporate-charters`

**Status.** derived

This node is assembled mechanically from the 6 claims that carry the concept tag `corporate-charters`. It is a roster of what the corpus says under this term. It is **not** an adjudicated definition: no single statement here has been ruled canonical, and no first-appearance call has been made. Read the claims and judge for yourself.

## Every claim under this term

6 claims across 1 works, 2004 to 2004.

**2004**

- [617681-009](https://wulfkaal.github.io/claims/617681-009) [mechanism/argued] -- A jurisdiction supplying corporate law as an unbundled statutory product faces low fixed costs, principally statute drafting, and near zero marginal costs, because additional users impose no new adjudication costs and registration costs are insignificant.
  > Fixed investment would be principally in drafting statutes. Each additional user of the jurisdiction's corporate law would not impose new adjudication costs, and the cost of registering additional corporate charters are relatively insignificant.
  Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681
- [617681-013](https://wulfkaal.github.io/claims/617681-013) [mechanism/argued] -- To the extent adjudication over U.K. corporate law is expected to take place outside the U.K., the U.K. has not in fact exported a bundled product; its users are demonstrating a preference for an unbundled package.
  > To the extent adjudication over U.K. corporate law is expected to be carried out somewhere other than the U.K. the U.K. has not exported a bundled product at all.
  Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681
- [617681-015](https://wulfkaal.github.io/claims/617681-015) [failure/argued] *(failure mode)* -- Member States unwilling to incur the rule switching costs of conducting judicial proceedings in English could be precluded from marketing their corporate charters in other Member States that do not share their language.
  > Member States unwilling to incur the rule switching costs involved with using English in judicial proceedings could be precluded from marketing their corporate charters in other Member States that do not speak the same language.
  Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681
- [617681-033](https://wulfkaal.github.io/claims/617681-033) [definitional/asserted] -- Forum unbundling is the arrangement in which the incorporation jurisdiction's statutes and interpretive case law are unbundled only from the adjudication services of its courts, so corporations may choose a different adjudicator in their charters.
  > The second alternative is "forum unbundling" in which the incorporation jurisdiction's statutes and interpretive caselaw are unbundled from the adjudication services of its courts. Corporations may in their charters choose an adjudicator other than the courts of the state of incorporation.
  Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681
- [617681-034](https://wulfkaal.github.io/claims/617681-034) [failure/argued] *(failure mode)* -- None of the Delaware based solutions, whether importing bundled or unbundled Delaware law, is likely to be viable for Europe.
  > For all of the above mentioned reasons, it is likely that none of the "Delaware based" solutions, whether involving bundled or unbundled Delaware law, is viable for Europe.
  Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681
- [617681-042](https://wulfkaal.github.io/claims/617681-042) [condition/argued] *(failure mode)* -- Unless the Member State of incorporation specifically provides in its corporate statute that arbitration is permissible when allowed in the charter or a shareholders agreement, investors run the risk that courts refuse to enforce the arbitration provision.
  > specifically provide in its corporate statute that arbitration is permissible if allowed in either the corporate charter or (for a closely held corporation) in a shareholders' agreement. Otherwise, investors run the risk that courts refuse to enforce the arbitration provision.
  Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681

## Verify

Every claim above resolves to a record carrying a verbatim source quote, the sha256 of the source PDF, and a preformatted citation. Nothing here asks to be taken on trust.

    curl -s https://wulfkaal.github.io/entities/corporate-charters.md | sha256sum

**Canonical form.** This markdown file is the canonical hashed representation of this entity node. Its sha256 is the content hash.