4 ms·
Generally the phrase "corporate death penalty" refers to revoking the charter, not bankruptcy. Which you argue is undesirable, but like, that is what the phras
by Sniffnoy 1y ago
Generally the phrase "corporate death penalty" refers to revoking the charter, not bankruptcy. Which you argue is undesirable, but like, that is what the phrase normally refers to.
- crazygringo 1y agoSure, the technical term is "judicial dissolution". But the main counterpoint is that there's literally no point to that. If you want to punish the owners, there's no difference between taking the value of their investment to zero, or going beyond that and destroying every contract and job. The owners don't care if a receptionist loses their job too, but the receptionist sure does. It becomes more than just a "death penalty" -- it becomes a "nuclear bomb" that takes out everyone. So bankruptcy already accomplishes everything you'd want from a "corporate death penalty". The company is gone as far as the previous owners are concerned.
- M95D 1y agoThere is a point. If everyone in the company fear of losing their jobs, there would be a lot more internal resistance to illegal activities, a lot more whistle blowers.
- jmalicki 1y agoThat's effectively the same as chapter 11 bankruptcy - a new corporation is formed and they buy all the assets and hire all the employees back.
- crazygringo 1y agoMost people in a company won't even know about illegal activities at the top. So that wouldn't work. And if there's illegal activity that ought to be punished at the employee level, then that's what criminal statutes and charges are for. "Losing your job" is a punishment that is too much for innocent people who just work there, but far too little for anyone actually directly engaging in criminal activity.