A Comparative Study of Tailor-Made Legal Forms for Social Enterprises

Discover the intricacies of social enterprise legal forms with our comprehensive publication. This comparative socio-legal study delves into the tailor-made legal forms used in Greece, Belgium, and the UK to promote social enterprises and enhance their recognition and legitimacy. Additionally, we extend our research to the Netherlands, a jurisdiction without a specific legal form for social enterprises.

Exploring the Legal Forms

The first part of our publication provides an in-depth comparison of the tailor-made legal forms that structure social enterprises in the selected jurisdictions. We analyze three main legal forms: company type, cooperative type, and legal label. Despite the jurisdiction differences, these legal forms share fundamental characteristics aimed at maintaining stakeholder participation. Stakeholders are authorized to formally participate in the decision-making processes in all three examined legal forms.

Participatory Governance in Practice

In the second part, we investigate the effectiveness of participatory governance structures prescribed in tailor-made laws. Through empirical evidence gathered from three case studies per jurisdiction, we assess the degree of stakeholder participation achieved in decision-making processes. While the prescribed participatory governance structures contribute to fulfilling and scrutinizing the social purpose of social enterprises, our findings reveal that full implementation is not always observed.

Instead, our research uncovers the prevalence of informal, direct, and regular processes developed in the governance of social enterprises. These informal practices offer insights into alternative methods of stakeholder engagement that complement or supplement the formal governance structures.

Join us on this enlightening journey through the diverse legal landscape of social enterprises. Gain a deeper understanding of the legal forms and the complexities surrounding stakeholder participation in decision-making processes. Our publication stands as a valuable resource for researchers, practitioners, and policymakers interested in promoting and supporting the development of social enterprises.