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Artykuły w czasopismach na temat "Corporate governance – Law and legislation – Wales"
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Tianfang, Yang. "Employee participation in corporate governance of Chinese companies: A comparative aspect". Vestnik of Saint Petersburg University. Law 12, nr 3 (2021): 752–70. http://dx.doi.org/10.21638/spbu14.2021.316.
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The development of the stakeholder theory is one of the global trends in corporate governance. This article examines the problems of employee participation in corporate governance in accordance with the current legislation of the PRC and assesses the rationality of the chosen path of employee participation in corporate governance in China by conducting a comparative analysis with Germany and the United States. The author believes that due to the difference in historical origin and legislative basis, as well as taking into account structure-driven path dependence and rule-driven path dependence effects, from the point of view of legal regulation, a unique model of employee participation in corporate governance has formed in China. In addition, the mechanism of employee participation in corporate governance by the current legislation of China is generally suitable for the national conditions of China. In addition, the author makes suggestions for improving the mechanism of employee participation in corporate governance in China. Having studied the state of Russian legislation in comparison with China and other countries, the author suggests several issues that require special attention from the Russian legislator on this matter. It is noted that the study of the experience of legal regulation of employee participation in corporate governance in China will help in the development and amendment of further legislative provisions to regulate this issue in Russia, in order to advance towards better ideals of cooperation between workers and employers. Specifically, in the long term, the Russian legislator can also normatively secure employee participation in the development and adoption of managerial decisions in an appropriate form.
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Amodu, Nojeem. "Stakeholder Protection and Corporate Social Responsibility from a Comparative Company Law Perspective: Nigeria and South Africa". Journal of African Law 64, nr 3 (17.09.2020): 425–49. http://dx.doi.org/10.1017/s0021855320000212.
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AbstractThere have been notable legislative advancements, as well as improvements in corporate governance codes, aimed at protecting stakeholder rights. However, how much protection have they really afforded stakeholders against socially irresponsible corporate behaviour? This article undertakes a comparative analysis of the legal framework underlying South Africa's stakeholder-inclusive approach and Nigeria's environmental, social and governance or sustainability corporate reporting. It identifies a misplaced philosophical background as well as policy misalignment of corporate governance codes and primary corporate law as critical factors that undermine efforts to embed responsible corporate behaviour in order to safeguard the interests of qualified and legitimate stakeholders. It recommends specific amendments to address the ideological defect and align corporate governance codes with primary corporate legislation in these two countries.
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Carrillo, Elena F. Pérez. "Cybersecurity in European Financial Institutions: New Grounds for Corporate Governance Reform". European Business Law Review 34, Issue 7 (1.12.2023): 1133–66. http://dx.doi.org/10.54648/eulr2023052.
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Cybersecurity, digital resistance to incidents, errors and cyberattacks attracted the attention of the European Union legislator, initially, from a public policy perspective. Today, cybersecurity concerns are dealt with as a part of EU Internal Market strategies, including those more closely linked to the financial sector. These pages focus on the new EU legislation to achieve Digital Resilience in the financial sector as well as on their impact upon the Corporate Governance of financial institutions. Compliance with corporate duties of cyber-governance, management of cyber risks, testing, continuous improvement, as well as reporting, communication, and transparency shape the new corporate governance landscape of the financial institutions in the European Union. Within and beyond what is already being legislated and proposed, Corporate Governance is called to play a fundamental role in facing the challenges of digital security. Cyber security, digital operational resilience, cyber risk management, financial sector, large ict supported infrastructures, critical ict providers, corporate governance reform, digital corporate governance, board duties, board commissions
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Chalevas, Constantinos, i Christos Tzovas. "Do stock prices reflect regulatory reforms in the corporate governance mechanisms?" Corporate Ownership and Control 13, nr 2 (2016): 419–31. http://dx.doi.org/10.22495/cocv13i2c2p2.
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This study provides evidence on the value relevance of corporate governance mechanisms in a developing stock exchange. It empirically investigates the effect of corporate governance mechanisms prescribed by the corporate governance law (L.3016/2002) on abnormal stock returns for firms listed in the Athens Stock Exchange (ASE). The first corporate governance law in Greece aims to improve the existing corporate governance framework. However, stock prices seem no to be affected by the regulatory reforms in the corporate governance mechanisms. Three reasons are given: (1) the fundamental economic value of a firm is not affected by the introduction of corporate governance mechanisms; (2) the fundamental economic value of a firm is affected by the introduction of corporate governance mechanisms but due to the fact that the Greek stock market is not efficient share prices do not reflect firm’s fundamental economic value; and (3) investors may not be convinced that corporate governance mechanisms significantly affect the performance of a company.The findings of this study can facilitate legislators in improving the existing legislation concerning corporate governance and in developing a new one.
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Feinerman, James V. "New Hope for Corporate Governance in China?" China Quarterly 191 (wrzesień 2007): 590–612. http://dx.doi.org/10.1017/s0305741007001592.
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AbstractChina's recent revisions to its Company Law and Securities Law have brought new attention to issues of corporate governance in Chinese companies and financial markets. Among the chief criticisms of the earlier laws – in both their provisions and application – were the lack of protection for minority shareholders, the paucity of independent directors, the absence of transparency and inadequate financial disclosure. The acknowledged need for greater congruence between Chinese law and practice and that of countries with more developed capital markets led to the proposal of amendments to China's legislation during the first half of this decade. This article highlights several improvements resulting from the revisions as well as remaining weaknesses in the regulatory framework for corporate enterprises in China.
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Stattin, Daniel, i Karin Eklund. "Ownership Structures and Corporate Governance: A Swedish Perspective". European Company Law 10, Issue 4/5 (1.09.2013): 161–67. http://dx.doi.org/10.54648/eucl2013030.
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'Law and Finance' research may be used as a means to assess the regulation of corporate governance. In this article this is done in a European context. The conclusion is that this research is beneficial to the understanding of comparative corporate governance and could be of use when new legislation is designed.
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Bortsevych, P. S. "Legal transformation of corporate governance in joint-stock companies". Analytical and Comparative Jurisprudence, nr 5 (17.11.2023): 262–66. http://dx.doi.org/10.24144/2788-6018.2023.05.46.
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The article is devoted to the study of certain novelties in the legal regulation of the order of interaction of management bodies in joint-stock companies. The article emphasizes that choosing the optimal model of corporate governance is important for the effective functioning of jointstock companies. The article provides examples of various well-known models of corporate governance in the world. Each of them has its advantages and disadvantages. The article emphasizes the fact that for a long time in Ukraine, legislation provided for only a two-level system of corporate governance, which provided for the simultaneous functioning of the supervisory board and the executive body (board or director). In an effort to become a member of the European Union, Ukraine undertook to adapt its national legislation to legal standards acceptable in the EU, in particular in the area of corporate governance. Therefore, in 2023, the new Law of Ukraine "On Joint-Stock Companies” entered into force, the provisions of which, in particular, established, along with the two-level model of corporate governance, an alternative option - a one-level model. This model, in contrast to the two-level model, provides for the creation of a board of directors as a single body of operational management of a joint-stock company, which combines both the representative functions of shareholders and the functions inherent in the executive body of a joint-stock company
The article examines the provisions of the Law of Ukraine "On Joint Stock Companies”, which provide for the legal status of the board of directors. The conditions and procedure for the formation of the board of directors were analyzed, and the specifics of the activity of this management body were determined. At the same time, when examining the legal status of the supervisory board, attention was drawn to the identity of the provisions of the current Law of Ukraine "On Joint Stock Companies” with the provisions of the previous law, which has already lost its validity.
The conclusions emphasize that the Law of Ukraine "On Joint-Stock Companies” adopted in 2022 significantly changed corporate governance in terms of the introduction of an additional one- level model of corporate governance, thereby bringing the norms of national legislation closer to EU standards.
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Терновая, Ольга, i Olga Tyernovaya. "LEGAL STATUS OF MANAGEMENT BODIES IN SHARE HOLDING COMPANIES IN FRANCE AND IN RUSSIA". Journal of Foreign Legislation and Comparative Law 1, nr 5 (2.12.2015): 0. http://dx.doi.org/10.12737/16137.
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The article reviews legal nature of joint stock companies’ corporate bodies in accordance with the French and Russian legislations. Despite the influence of Anglo-American approaches on the formation of the Russian corporate legislation, the author proposes to more actively take into account the positive experience of countries with the continental law as they are closer to the Russian juridical reality. In this context the author pays special attention to the French legislation on joint stock companies. The author notes two most powerful trends in the evolution of the French corporate legislation: on the one hand, these are major changes in the substantive legal framework for governance and relations between the participants and the company, and on the other hand — important changes in legal regulation over governance and relations between the company participants. Comparison of certain issues in the legal nature of joint stock companies’ corporate bodies (boards) in Russia and France allows making the conclusion that the French legislation regulates in more detail such topical issues as peculiarities of the joint stock companies’ governance models, powers of a sole executive body, basis for civil responsibility of persons who are part of corporate bodies of a joint stock company.
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Ben Rejeb, Wajdi. "Corporate law and governance: A case of Tunisia after the Arab Spring". Corporate Law and Governance Review 3, nr 2 (2021): 20–29. http://dx.doi.org/10.22495/clgrv3i2p2.
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This paper reviews the corporate governance practices of listed Tunisian companies. Besides that, the paper explores the evolution of corporate governance legislation between 2013 and 2017 in order to identify the changes caused by the revolution to accompany the current context’s needs and the democratic transition in Tunisia. Although the most of companies in Tunisia are dominated by family small and medium enterprises (SMEs) and very small enterprises (VSEs) we have chosen to focus on listed companies. These companies present more advanced practices of corporate governance given the legislation in force. Results of this paper shed light on several important features of the Tunisian corporate governance system, for example, interlocking directorates. It is interesting to notice that a limited number of directors control the majority of the market capitalization in Tunisia. The practice of interlocking directorates reflects the Tunisian way of economic lobbying. As for gender diversity, although there are no laws imposing a minimum quota of women directors, the proportion of female board members has slightly increased during the last years, moving from 7.87% in 2013 to 9.92% in 2017. In contrast to Arab and African countries, it should be noted that the majority of women directors sit on boards as members of the family controlling the company or because they are civil servants representing the state’s interests in state-owned enterprises
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Medvedeva, T., i A. Timofeev. "Studying Demand for Institutes of Corporate Governance: Legal Aspects". Voprosy Ekonomiki, nr 4 (20.04.2003): 50–61. http://dx.doi.org/10.32609/0042-8736-2003-4-50-61.
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The article analyzes legal aspects of institutes of corporate governance. Different draft laws "On Joint-Stock Companies" are considered which reflected interests of separate groups of participants of market relations. Stages of property redistribution are outlined. The advantages of the model of the open joint-stock company are formulated. Special attention is paid to the demand for legal institutes of corporate governance as well as to the process of accepting the Federal Law "On Entering Amendments to the Federal Law "On Joint-Stock Companies"" which was enacted in 2002. The article contains proposals directed at improvement of corporate legislation.
Rozprawy doktorskie na temat "Corporate governance – Law and legislation – Wales"
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Abi, Chacra Charbel. "L'influence de l'évolution du gouvernment d'enterprise sur les dirigeants des sociétés : essai de droit comparé (France et Angleterre)". Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101811.
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The essence of running an enterprise which is defined as a system by which the companies are lead and compared is generally set in priority terms. For some, they favour in the first instance to secure the economic efficiency then to scope with the social problems at a later stage---'Shareholder model'. Others are inclined to consider that the priority lies into an environmental, sharing and caring society etc.---'Stakeholder model'.Where the evolution of the corporate governance is going to lead to? And how does it affect the directors' responsibility?
After a thorough study of its European evolution in particular in France and England, we figure out that raising the black flag of the stakeholder theory will end up into an ideology completely false dislodging the concept of the natural reality around us. On the other side, claiming the predominance of the sole shareholder system will become a dangerous apprehension opposing the objective of this theory: In our perspective we see that the ultimate global wealth of the enterprise in the long run is closely linked to the consideration and the deep satisfaction of the needs and the interests of the different parties joining the enterprise.
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Egan, Sara Patricia. "Women (Re)incorporated : a thesis examining the application of feminist theory to corporate structures and the legal framework of corporate law". Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30296.
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The thesis is about the re-incorporation of women, on feminist terms, in corporate law and structure. Working from the idea of feminism as a theory about exclusion, the thesis endeavours to include women's voices in how the dominant discourse shapes corporations and the securities markets. Moreover, it attempts to capture the feminist continuum and use it as a critique of the existence of the separate entity of the corporation and limited liability. The thesis also joins the corporate governance debate on feminist terms, reshaping its scope to include feminist aspirations. The market for securities and insider trading are also subject to a feminist analysis and the problems in policing and preventing insider trading are rethought through a feminist lens.
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Yun, Chong. "The role of corporate social responsibility in corporate governance in the context of employment : a comparative study of the United Kingdom and China". Thesis, University of Glasgow, 2014. http://theses.gla.ac.uk/5851/.
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The purpose of this thesis is to study the role of corporate social responsibility (hereinafter ‘CSR’) in corporate governance in the context of employment. This is done through a comparative study of the United Kingdom (hereinafter ‘UK’) and China in which it is determined whether Chinese companies can adopt UK companies’ CSR practices in employment. The thesis begins with an overview of the theory of corporate governance and the necessity of CSR in corporate governance. The different models and principles of corporate governance and CSR, and how the main corporate organs operate in corporate governance and apply CSR in decision-making to meet stakeholders’ needs are introduced. The study then demonstrates the rationale behind the emergence of CSR, the legal impact of CSR on stakeholders and the global application of CSR initiatives, especially the techniques and mechanisms adopted in the UK and China. The research specifically presents CSR practices in employment in the UK and China against a theoretical background. This comparative study is mainly dependent on companies’ information disclosure, since all data were collected from their official CSR reports. The quality of the information disclosure is assured through effective monitoring as stated in the various reports. The implication of the comparative research on the information disclosure collected demonstrates the difference in CSR implementation in employment between UK and Chinese companies. The thesis analyses the possibility of adopting UK CSR practice in employment in Chinese companies in terms of the economic, social and political barriers to, and current situation of, CSR in China. As China has opened up the global market, overseas companies have invested in the Chinese market. This comparative study of CSR implementation in the context of employment in the UK and China, and the analysis of the current status of Chinese CSR practices also provide foreign enterprises experience to relate their CSR policies in corporate governance to Chinese context.
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Pavasant, Nopnuanparn. "Director's responsibilities : a study of Thai corporate governance and ethics". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hdl.handle.net/10722/197107.
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Corporate governance of Thailand has been developed and reformed, particularly after 1997 Asian financial crisis. However, problems regarding director’s responsibilities are still entrenched in company law and corporate practices. The challenges of Thai corporate governance on director’s responsibilities are found in the areas of director’s accountability and minority shareholders protection. Legal provisions on director’s fiduciary duties and director’s duty of care and skill are unable to regulate director’s misbehaviors. Directors are not fully aware of their proper responsibilities to the company. They tend to act for their own interest or interest of their group, the controlling shareholders. In addition, legal enforcement on director’s responsibilities is not effective in practice. Shareholders litigation or other actions against directors who are in breach of their duties is rare, though there is derivative action provided as remedy for minority shareholders. In finding solutions for those problems, all relevant aspects should be brought into consideration. Corporate governance on director’s responsibilities is related to law, business and ethics. Director’s responsibilities are matters concerning human conducts, actions, behaviors as well as practices. They are related to ethics of each company director and ethics of the board members as a whole. In addition to legal and business aspects, ethical aspect should also be considered in the reform of corporate governance on director’s responsibilities of Thailand. This thesis is the study of Thai corporate governance on director’s responsibilities and ethics in order to find appropriate ethical theory where good corporate governance principles will be built on. Among relevant ethical theories i.e. utilitarianism, Kantian ethics, virtue ethics and contractualism, virtue ethics of Aristotle is the most appropriate ethical theory to be applied to corporate governance on director’s responsibilities of Thailand. It is suitable for the nature of corporate governance on director’s responsibilities, the conditions underlying its problems, and the understanding and practices of people in Thai society. Virtues and means of virtue ethics should be applied as complements to fiduciary principles for enhancing director’s accountability. The doctrine of mean of virtue ethics should be applied as complement to derivative action for enforceability and effectiveness of minority shareholders protection. In this regard, some related regulations and codes of best practices will be prescribed by adopting appropriate virtues or means, and the relevant regulators i.e. the Securities and Exchange Commission (the SEC) and the Stock Exchange of Thailand (the SET) will be given authority to interpret and apply such regulations and codes of best practices on a case by case basis.published_or_final_version
Law
Master
Doctor of Legal Studies
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Horn, Roelof Combrinck. "The legal regulation of corporate governance with reference to international trends". Thesis, Link to the online version, 2005. http://hdl.handle.net/10019/1042.
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Mkhabele, Cynthia Jose Merrill Masingita. "A legal analysis of the application of corporate governance principles in Musina Local Municipality". Thesis, University of Limpopo (Turfloop Campus), 2014. http://hdl.handle.net/10386/1132.
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Thesis (LLM. (Labour Law)) --University of Limpopo, 2014This mini-dissertation discusses the application of the principles of corporate governance in the Musina Local Municipality. It further discusses the legislative framework and the institutions of government which are responsible for the effective implementation of corporate governance in the local government sphere. It further discusses the challenges faced by Musina Local Municipality which are ranging from fraud and corruption and poor financial management and this result in poor service delivery.
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Lee, Albert Shu Yuan. "Law, economic theory, and corporate governance : the origins of UK legislation on company directors' conflicts of interests, 1862-1948". Thesis, University of Cambridge, 2003. https://www.repository.cam.ac.uk/handle/1810/284017.
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Weber, Charles. "King III report on governance : practical obstacles to the effective application with specific focus on the principles of director independence". Thesis, Stellenbosch : Stellenbosch University, 2014. http://hdl.handle.net/10019.1/97408.
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Thesis (MBA)--Stellenbosch University, 2014.ENGLISH ABSTRACT: Newspaper headlines have continued to shock investors and society by exposing corporate scandals and by highlighting the overall decline in moral fibre of the modern employer and/or employee, locally and internationally. The King III Report on Governance aims to improve organisations’ sustainability by providing principles to enable sound decision-making for any organisation, irrespective of its size and/or structure. The objective of this research report was to investigate the challenges experienced with the application of these principles, with a specific focus on the guidance provided to enable the independence of directors. Firstly, this investigation aimed to establish whether there was a belief that the application of these principles would necessarily lead to sustainability; and secondly, whether the application of these principles were practically possible for all organisations, irrespective of their size and/or structure. The investigation was conducted by combining the results from a literature review on corporate governance with a specific focus on director independence and a survey conducted with twelve individuals involved in different capacities at board level. Based on the information obtained from the literature review and the results obtained from the questionnaire, overwhelming support exists that indicates that the application of the King III principles would contribute to improve the sustainability of an organisation. However, it was discovered that it would not necessarily be feasible for all companies, of any size and/or structure, to effectively apply these principles. Various recommendations were made to address the challenges identified for the effective application of the King III principles relating to the independence of directors.
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Best, Laura Anne. "A framework to incorporate sustainability into South African consumer protection policy". Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/14565.
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Consumer protection policy measures can enable consumer behaviour shifts in favour of more sustainable choices. Whilst government is responsible for developing consumer protection policy in a particular country, business is central in the implementation of such policy. In South Africa, there is disassociation in consumer protection policy and environmental policy where consumer protection policy is the responsibility of the Department of Trade and Industry, whilst sustainability is located under the Department of Environmental Affairs. As a result, South African consumer protection policy does not holistically incorporate sustainability. A six-step qualitative research process was adopted to develop a framework to implement sustainability into consumer protection policies. First, a theoretical framework for incorporating sustainability into consumer protection policy was developed to structure the qualitative research. Four dimensions for incorporating sustainability into consumer protection were then identified. Qualitative data was collected using an open-ended questionnaire and also content analysis of existing data. Two sets of experts further reviewed and critiqued the proposed framework. The results of the qualitative enquiry, in particular, showed that for all the countries examined, some at least had sustainability consideration elements in their policies, but this was evident to a lesser extent in African countries, particularly those with less-developed economies. On the other hand, policy mechanisms that promoted sustainability were more evident in the policies and laws of developed countries. In the case of most African countries, basic needs were foregrounded as the primary concerns of consumers, ahead of sustainability concerns. Further, poverty limited consumer choices, particularly if more sustainably produced and eco-efficient goods came at a higher price. The research also underscored the importance and centrality of consumer education and stakeholder engagement for achieving sustainability policy intentions. It further confirmed that the basic needs of poor consumers in South Africa, and the impact of poverty on sustainability policy intentions must underpin the proposed framework. Factors that created an enabling environment for the implementation of the framework were identified as policy harmonisation within government policy domains, joined-up government, good corporate governance and shared value that considered the needs of future generations and consumer education. These factors would create an enabling environment for policy implementation. Consumer policy could play a key role in the choices that consumers make and, if well-designed and implemented, could direct consumer spending in support of the goal of sustainability and sustainable consumption. The proposed framework provides a foundation on which to futher refine and develop consumer protection policy that incorporates the well-being of consumers and social justice. Using consumer spending to drive sustainability requires a deliberate intention on the part of policy makers to move away from the more conventional framing of consumer policy, which has tended to focus on the economic interests of consumers, such as price, quality, choice and redress. However, modern business is shifting towards a more holistic conceptualisation of sustainability, as a value that needs to be deliberately and consciously built into the design and essence of a business. Doing so is not only good corporate citizenship, but offers a competitive advantage, which could drive product demand and attract consumers.
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Hamadziripi, Friedrich. "Does the directors' fiduciary duty to act in the best interests of the company undermine other stakeholders' interests? : a comparative assessment of corporate sustainability". Thesis, University of Fort Hare, 2016. http://hdl.handle.net/10353/5916.
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This study sets out to answer the question whether compliance with the directors’ fiduciary duty to act in the best interests of the company undermines other stakeholders’ interests and corporate sustainability. It adopts a comparative approach whereby the South African legal system is compared to that of the United Kingdom, Canada, and the United States of America where corporate scandals in the last two decades resulted in the collapse of some large companies. Qualitative research methods namely the critical and evaluation, comparative and legal historical approaches are employed. The adoption of the comparative and historical approach to this study makes it significant for company law literature. The study is hinged on two company law principles. The first one is that a company is a juristic and fictitious person. The second one is the separation of ownership and control of a company. To effectively understand how the directors’ fiduciary duty to act in the best interests of the company has evolved over time, a historical overview of fiduciary obligations is presented. Four different views about the origins of fiduciary obligations are examined. It is submitted that the old English case of Keech v Sandford1 and the South Sea Company Bubble are very significant to the development of fiduciary obligations and their assimilation into company law. Thereafter, a discussion on the nature and scope of the directors’ duty in question is presented. An analysis of the relationship between directors and the company and how rights and duties between the two legal subjects arise is also undertaken. It will be shown that the directors’ fiduciary duty to act in the best interests of the company is broken down into a number of mandatory rules. After outlining some selected company stakeholders, an argument is presented on who the legitimate beneficiaries of directors’ fiduciary obligations should be. Further, the study provides an explanation of the concept of ‘the best interests of a company’ before addressing the tension between the pursuit of sustainability and the best interests of the company. An important question in the context of this study is how can directors’ fiduciary obligations be enforced? Identifying that there is public and private enforcement of fiduciary obligations, this study focusses on private enforcement which mainly consists of judicial and administrative remedies. Judicial remedies especially the derivative action and oppression remedies will be examined. A greater part of the discussion will dwell heavily on whether the available remedies are relevant and/or effective in protecting various stakeholders’ interests. Due to the nature of the office of director, it can be contended that directors should not be held liable for every decision they make. As such, American courts have come up with what has come to be known as the business judgment rule. This rule protects directors from civil liability if they act in good faith, with due care, without any personal interest and within the director’s authority. It will be shown that the rule manifests or operates either as an abstention doctrine, as a standard of liability or as an immunity doctrine. As an abstention or standard of liability doctrine, the rule requires the plaintiff to rebut a presumption that directors acted in good faith in the best interests of the company. As an immunity doctrine, the rule requires the director to prove that s/he qualifies for the immunity.
Książki na temat "Corporate governance – Law and legislation – Wales"
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Proctor, Giles. Corporate governance. London: Cavendish Pub., 2002.
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Wixley, Tom. Corporate governance. Wyd. 3. Cape Town: Siber Ink, 2010.
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Loughrey, Joan. Corporate lawyers and corporate governance. Cambridge: Cambridge University Press, 2011.
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Anandarajah, Kala. Corporate governance compliance. Singapore: LexisNexis, 2005.
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Cliff, Weight, red. Corporate governance handbook. Wyd. 4. Haywards Heath, West Sussex: Tottel Pub., 2008.
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Sutedi, Adrian. Good corporate governance. Jakarta: Sinar Grafika, 2011.
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Anandarajah, Kala. Corporate governance compliance. Singapore: LexisNexis, 2003.
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H, Farrar John, red. Comparative corporate governance. Gold Coast, Queensland: Bond University Press, 2003.
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Branson, Douglas M. Corporate governance. Charlottesville, Va: Michie Co., 1993.
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Calder, Alan. Corporate Governance. London: Kogan Page Publishers, 2008.
Znajdź pełny tekst źródłaCzęści książek na temat "Corporate governance – Law and legislation – Wales"
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Roach, Lee. "2. The UK’s corporate law and governance system". W Company Law, 21–50. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192895677.003.0002.
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This chapter discusses the various sources of company law and corporate governance. The main sources of company law are legislation, case law, the constitution of the company, contract, European Union law, and human rights law. Legislation is the principal form of UK company law, with the Companies Act 2006 being the most important piece of company law legislation. However, companies are, to a degree, permitted to create their own internal rules through their constitution. Companies can also create their own law by drafting their own standard terms for use in contracts. Meanwhile, corporate governance best practice principles are found in a series of reports and codes, with the three principal codes being the UK Corporate Governance Code, the Wates Corporate Governance Principles, and the UK Stewardship Code 2020. Both of the codes operate on a comply-or-explain basis, under which certain persons must comply with the code or explain their reasons for non-compliance.
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"The Current Legal Framework Relating To Directors". W Company Directors: Duties, Liabilities, and Remedies, redaktor Simon Mortimore. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198754398.003.0003.
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This work attempts to state the law of England and Wales relating to the duties and liabilities of directors of companies, both civil and criminal. The most important elements of the legal framework affecting these matters are the company’s constitution and the Companies Act 2006, but particular aspects of a director’s conduct may engage other statutory provisions (eg Insolvency Act 1986 or criminal legislation). Common law rules and equitable principles provide the background that informs the interpretation of the legislation and the assessment by the court of a director’s conduct. Also relevant are ‘industry standards’ such as the UK Corporate Governance Code, which applies to listed companies, and guidance from the Financial Conduct Authority (FCA) for companies subject to its regulation.
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Daniels, Ronald J. "Must Boards Go Overboard? An Economic Analysis of the Effects of Burgeoning Statutory Liability on the Role of Directors in Corporate Governance". W Current Developments in International and Comparative Corporate Insolvency Law, 547–72. Oxford University PressOxford, 1994. http://dx.doi.org/10.1093/oso/9780198258964.003.0023.
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Abstract On 21 July 1992 six outside directors on the board of Westar Mining Ltd. resigned abruptly from the company’s board of directors.1 Westar was a troubled mining company operating in British Columbia. In 1991 the company had lost $62.2 million, mainly as the result of a poorly per forming export coalmine. While resigning from the board, the directors assured the public that there had been no wrongdoing by the company. Rather, the reason for their departure was related to concern over personal liability for wages and other benefits that might be owed to more than 1,900 of the company’s employees under provincial employment standards legislation should the company become insolvent. Despite the fact that their departure might not absolve them from liability for other duties, and would greatly complicate the company’s bid for survival, the size of the personal liabilities they faced more than $20 million left the directors little choice.
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Roach, Lee. "2. Sources of company law and corporate governance". W Company Law, 20–48. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198786634.003.0002.
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This chapter discusses the various sources of company law and corporate governance. The main sources of company law are legislation, case law, the constitution of the company, contract, EU law, and human rights law. Legislation is the principal form of UK company law, with the Companies Act 2006 being the most important piece of company law legislation. However, companies are, to a degree, permitted to create their own internal rules through their constitution. Companies can also create their own law by drafting their own standard terms for use in contracts. Meanwhile, corporate governance best practice recommendations are found in a series of reports and codes, with the two principal codes being the UK Corporate Governance Code and the UK Stewardship Code. Both codes operate on a comply-or-explain basis, under which certain persons must comply with the code or explain their reasons for non-compliance.
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Loveland, Ian. "12. The Governance of Scotland and Wales". W Constitutional Law, Administrative Law, and Human Rights. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198804680.003.0012.
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This chapter examines how the constitution has addressed the question of the geographical separation of government power in the United Kingdom of England, Scotland, and Wales, and discusses the Scotland Act 1998 and the Government of Wales Acts of 1998 and 2006. It argues that although the Scotland Act 1998 and Government of Wales Act 2006 fall short of creating a ‘federal’ UK constitution similar to how the notion is understood in the United States, the constitutional significance of the devolution legislation should not be underestimated. The chapter also discusses the conduct and outcome of the 2014 independence referendum in Scotland. Consideration is given to the leading Supreme Court judgments on the nature and extent of the Scots Parliament’s legislative powers, and to the contents and implications of the Scotland Act 2016.
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Loveland, Ian. "12. The Governance of Scotland and Wales". W Constitutional Law, Administrative Law, and Human Rights, 318–44. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198860129.003.0012.
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This chapter examines how the constitution has addressed the question of the geographical separation of government power in the United Kingdom of England, Scotland, and Wales, and discusses the Scotland Act 1998 and the Government of Wales Acts of 1998 and 2006. It argues that although the Scotland Act 1998 and Government of Wales Act 2006 fall short of creating a ‘federal’ UK constitution similar to how the notion is understood in the United States, the constitutional significance of the devolution legislation should not be underestimated. The chapter also discusses the conduct and outcome of the 2014 independence referendum in Scotland. Consideration is given to the leading Supreme Court judgments on the nature and extent of the Scots Parliament’s legislative powers, and to the contents and implications of the Scotland Act 2016.
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Mallat, Chibli. "Companies and Corporate Governance". W The Normalization of Saudi Law, 269—C12.N141. Oxford University PressNew York, 2022. http://dx.doi.org/10.1093/oso/9780190092757.003.0012.
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Abstract Company law in Saudi Arabia is predominantly statutory. It can be found in a long stream of statutes from 1931 to 2020. The most comprehensive law in force is the Law of companies of 2015, and the chapter examines the various corporate vehicles it organizes (general partnership, joint stock company, limited liability company), including those which have survived from fiqh (mudaraba or commenda) and from 19th-century adaptations (the Egyptian mahassa or joint venture). It dwells in particular on some fiqh-related complexities in the application of mudaraba and the fiduciary duties of partners. Corporate governance is then examined in the light of new legislation and case law, and in the “Family business companies model contract,” an optional arrangement encouraged by the government to ensure better governance for family businesses.
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Hege, Ulrich, i Pierre Mella-Barral. "Reorganization Law and Dilution Threats in Different Financial Systems". W Corporate Governance Regimes, 470–90. Oxford University PressOxford, 2002. http://dx.doi.org/10.1093/oso/9780199247875.003.0021.
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Abstract In many European countries, there is an ongoing process and debate about bankruptcy law reform, stimulated by what is perceived as the success of Chapter 11 of the US Bankruptcy Code of 1978. The French bankruptcy laws of 1985 and 1995 and the new German insolvency code enacted in 1999 have accordingly weakened creditor rights and facilitated court-supervised reorganization (Kaiser 1996; White 1996). In Britain, where the Insolvency Code gives a clear advantage to senior creditors, there is an active debate about reforming the bankruptcy legislation (Franks and Nyborg 1996), as for example in the Netherlands and Italy. The discussion is not confined to Western Europe: Transition economies in East and Central Europe have faced the need for a massive and parallel financial restructuring of firms, and recent financial crises in debt-laden emerging markets have underscored the potentially high cost of insufficient bankruptcy laws and lacking re organization procedures. In a historical perspective, there is a striking coincidence between major reforms of bankruptcy laws and of banking laws in the USA and in Germany (Hauswald 1996).
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Stapledon, G. P. "The Awa Case: Non Executive Directors, Audi1,Ors, And Corporate Governance Issues In Court". W Contemporary Issues in Corporate Governance, 187–219. Oxford University PressOxford, 1993. http://dx.doi.org/10.1093/oso/9780198258599.003.0011.
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Abstract The decision of Rogers C.J. in the Commercial Division of the Supreme Court of New South Wales in AW A Ltd. v. DanielsI could hardly have been more timely. In the midst of the lively corporate governance debate in the UK and the US (which incidentally also has been taking place in Australia2), we have a case dealing with issues such as the role of auditors and non executive directors, and indeed at last recognising that the governance structures of large public companies are not as simplistic as the structure envisaged in the companies legislation and statutory model articles of association. This chapter comprises an analysis of those aspects of AW A which concern corporate governance.
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Cranston, Ross, Emilios Avgouleas, Kristin van Zweiten, Theodor van Sante i Christoper Hare. "3. Prudential Regulation II: Structural Reform, Deposit Insurance, Corporate Governance". W Principles of Banking Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780199276080.003.0003.
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This chapter discusses bank structural reform. Most structural reform initiatives that have been undertaken since 2008 were aimed at reversing the effects of the repeal of the Glass–Steagall Act in the late 1990s and of the EU legislation that promoted universal banking. The chapter first considers the financial stability concerns and the mechanics of contemporary structural reform legislation in the USA, the UK, and the EU, and the actual legal framework underpinning these reforms. It then covers the regulation of bank involvement in derivatives markets. Today, derivatives regulation is a clear part of macroprudential regulation to the extent that centralized clearing and settlement and increased transparency battle opacity and interconnectedness and limit systemic risk. The remainder of the chapter covers deposit insurance, bank corporate governance, risk control, and executive remuneration.
Streszczenia konferencji na temat "Corporate governance – Law and legislation – Wales"
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BODISLAV, Dumitru Alexandru, Florina BRAN, Raluca Iuliana U. GEORGESC i Victor Adrian TROACĂ. "ROMANIAN CORPORATE GOVERNANCE, PUBLIC AFFAIRS AND LOBBYING". W International Management Conference. Editura ASE, 2023. http://dx.doi.org/10.24818/imc/2022/04.04.
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This research paper provides an outline of corporate governance in Romania and the impact of public affairs and lobbying on the subject. We endeavoured to stress these two notions as sustainable parts of sound business practices and methods, as well as the development of improved strategies for achieving macroeconomic growth. The lobbying effort contributes to the maintenance and improvement of public confidence in democratic institutions and the representation process of public politics. In addition, professional lobbying and interest groups are required to always act ethically and morally in their dealings with all parties involved. There is now a lobbying law in Romania, although it is simply a draft and lawmakers provide no indications of future legislation. As we will analyse in this research paper, the lobbying effort in Brussels, the center of the European Union, is a highly active one, acknowledged by European Union officials as essential to the democratic process.
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Bohinc, Rado. "Legal Incentives and Obstacles to Corporate Social Responsibility in Slovenia, the EU and Globally". W Corporate Social Responsibility (CSR) in green and digital transition: legal and sustainability issues. Science and Research Centre Koper, Annales ZRS, 2023. http://dx.doi.org/10.35469/978-961-7195-22-4.1.
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Corporate social responsibility (CSR), or responsible business conduct as a tool of sustainable development (green transition) and respect for human rights in the economy is getting more and more legally based. In different countries, the legal levers of CSR are very diverse; since this creates unequal conditions in the global market, the harmonization of the CSR related rules is essential. Important for the legal regulation of CSR is the proposal for the EU Corporate sustainability due diligence directive, CSDDD); among other things, the proposal expands the due diligence of directors from acting in the best interest of the company, also to consider the risks that threaten sustainable development and human rights, and in this regard sharpens corporate liability for damages. Key shifts in CSR can only be ensured by binding corporate law rules on directors’ due diligence and corporate damage liability for sustainability and human rights violations. The integration of environmental, social and governance (ESG) factors into investments is an increasingly common feature of modern CSR concept. Only environmental and labor legislation alone are not sufficient for the implementation of sustainable development and CSR. Interventions in corporate legislation are needed. In the EU, the implementation of CSR has so far been voluntary; only sustainability (non-financial) reporting is mandatory. The proposal of the CSDDD is therefore ground-breaking, as it intervenes for the first time in corporate legislation in favor of sustainable development, namely in regulating the sustainability civil liability of companies and the due diligence of directors. However, political debates between the EC, the Council and the EP due to differences in views about the latter are still ongoing. Slovenia (the government or Parliament) must finally adopt the National Plan for the enforcement of corporate social responsibility, as stipulated by the EU Commission already in the Revised Strategy 2011. In the legislation governing the operation of corporations (ZGD-1), Slovenia must establish the obligation of sustainable due diligence, to determine the duty of adopting a social responsibility strategy in every company and to determine, as a duty of care of directors, also the consideration of sustainability goals and CSR.
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Bohinc, Rado. "Legal incentives and obstacles to corporate social responsibility in Slovenia, the EU and globally". W Corporate Social Responsibility (CSR) in green and digital transition: legal and sustainability issues. Science and Research Centre Koper, Annales ZRS, 2023. http://dx.doi.org/10.35469/978-961-7195-22-4_01.
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Corporate social responsibility (CSR), or responsible business conduct as a tool of sustainable development (green transition) and respect for human rights in the economy is getting more and more legally based. In different countries, the legal levers of CSR are very diverse; since this creates unequal conditions in the global market, the harmonization of the CSR related rules is essential. Important for the legal regulation of CSR is the proposal for the EU Corporate sustainability due diligence directive, CSDDD); among other things, the proposal expands the due diligence of directors from acting in the best interest of the company, also to consider the risks that threaten sustainable development and human rights, and in this regard sharpens corporate liability for damages. Key shifts in CSR can only be ensured by binding corporate law rules on directors’ due diligence and corporate damage liability for sustainability and human rights violations. The integration of environmental, social and governance (ESG) factors into investments is an increasingly common feature of modern CSR concept. Only environmental and labor legislation alone are not sufficient for the implementation of sustainable development and CSR. Interventions in corporate legislation are needed. In the EU, the implementation of CSR has so far been voluntary; only sustainability (non-financial) reporting is mandatory. The proposal of the CSDDD is therefore ground-breaking, as it intervenes for the first time in corporate legislation in favor of sustainable development, namely in regulating the sustainability civil liability of companies and the due diligence of directors. However, political debates between the EC, the Council and the EP due to differences in views about the latter are still ongoing. Slovenia (the government or Parliament) must finally adopt the National Plan for the enforcement of corporate social responsibility, as stipulated by the EU Commission already in the Revised Strategy 2011. In the legislation governing the operation of corporations (ZGD-1), Slovenia must establish the obligation of sustainable due diligence, to determine the duty of adopting a social responsibility strategy in every company and to determine, as a duty of care of directors, also the consideration of sustainability goals and CSR.
Raporty organizacyjne na temat "Corporate governance – Law and legislation – Wales"
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Coelho, Daphne, Thomaz Teodorovicz, André Martínez Fritscher, Renata Motta Café, Sergio G. Lazzarini i Jorge Norio Rezende Ikawa. Monitoring the Governance of State-Owned Enterprises: Assessing the Impact of Brazilian Corporate Governance Reforms. Inter-American Development Bank, maj 2024. http://dx.doi.org/10.18235/0012994.
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State-owned enterprises (SOEs) are often justified for correcting market failures, providing essential public services, and fulfilling social objectives. Yet, SOEs face unique governance challenges as agency conflicts usually increase with state ownership. This paper examines Brazil's efforts to address agency conflicts in SOEs, including new legislation (Law 13303 of 2016, the “Law on SOEs”) establishing stringent criteria for the appointment of executives and for the accountability and a complementary monitoring mechanism known as IG-SEST. Using the difference-in-differences methodology, we assess the impact of those interventions on SOEs profitability and labor productivity. Although no significant effect of the more-stringent governance requirements of the Law on SOEs was detected, the group of federal SOEs, which adopted the IG-SEST monitoring mechanism, significantly increased their profitability compared to similar municipal and state SOEs. Because IG-SEST anchored its indicators in corporate governance parameters specified in the Law on SOEs, this result can be interpreted as potential evidence that institutional changes might require complementary mechanisms for effective implementation. These findings are consistent with previous work suggesting that corporate governance might require broader institutional reforms, including fiscal policies to mitigate government action with a negative effect on the performance and solvency of SOEs.