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corporate governance principles and rules
corporate governance principles and rules
corporate governance principles and rules
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Corporate Accountability
Table of Contents Page
1.0 Introduction…………………………………………………………………….3
2.0 The UK and the USA approaches………………………………………………3
3.0 Critical Evaluation of the use of the different Approaches…………………....4
3.1 The UK Rule-based Approach…………………………………………...4
3.2 The U.S.A Principle-based Approach……………………………………6
4.0 Evaluation of the reflection of specific systems…………………………………..7
5.0 Conclusion……………………………………………………………………….....8
Corporate Accountability
1.0 Introduction
Although the definition of corporate governance varies from one person to another, it is indicated that the 1992 United Kingdom Cadbury Report as well as the South African King Report of 1994 defined corporate governance as a system through which companies are controlled and directed. A much broader definition is however provided by the 1999 Organization for Economic Co-operation and Development (OECD), which describes corporate governance as the existing relationships between a company’s board, shareholders and other stakeholders involved. Furthermore, the definition stipulates that, corporate governance avails a structure through which the company objectives are set and the how these objectives are to be attained and monitored is also determined by corporate governance. Corporate governance in the UK and the USA however has frameworks that are predictable under distinct approaches.
2.0 The UK and the USA approaches
Corporate Governance frameworks in the UK are predicted using the rule-based approach while in USA it is the principle-based approach that is utilized. The U.K rule –based approach is basically controlled by the existing market and the lack of enforcement. In this approach to corporate governa...
... middle of paper ...
...porate governance.
References
1. Clarke, T. (2007). International corporate governance: a comparative approach . New York: Routeledge.
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3. Corporate governance: a survey of OECD countries. (2004). Paris: OECD.
4. Davies, A. (1999). A strategic approach to corporate governance . England: Gower Publishing.
5. Effros, R. C. (1998). Current legal issues affecting central banks. Washington D.C: IMF.
6. Gopalsamy, N. (2006). A Guide To Corporate Governance . Delhi: New Age International.
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8. Pendlebury, M. (2004). Company accounts: analysis, interpretation and understanding . New York: Routeledge.
According to Mallor, Barnes, Bowers, & Langvardt (2010) “modern corporation law emerged only in the last 200 years, ancestors of the modern corporation existed in the times of Hammurabi, ancient Greece, and the Roman Empire. As early as 1248 in France, privileges of incorporation were given to mercantile ventures to encourage investment for the benefit of society. In England, the corporate form was used extensively before the 16th century. In the late 18th century, general incorporation statutes emerged in the United States” (p. 1009).
It is not surprising that a corporate or IT governance is largely debatable and dominant business topic nowadays (Weill & Ross, 2013). That is why there is such a significant number of the guidelines published on the issue. Anyway, it is highly important that these guidelines are being applied properly. The board of the organization is considered to be responsible for the implementation of these guidelines and principles (Weill & Ross, 2013). Nevertheless, the principles may vary considering the organization approaches. The application of the particular organization approach predetermines the principles a board is being guided by.
Bibliography: Turnbull, S. (1997). Corporate governance: its scope, concerns and theories. Corporate Governance: An International Review, 5 (4), pp. 180--205.
In our study of corporate governance and its impact on the overall economic and business environment, we have considered the example of Japanese Corporate governance and have compared it with other systems. We will study the comparative performances of the companies working in the Japanese system of corporate governance and the organizations working in other systems of corporate governance, primarily that of the United States. We have discussed the concept of corporate governance as well as management practices in detail and have tried to identify the difficulties and the barriers the company’s usually face while following a specific system of corporate governance. The detailed description of the corporate governance concept is primarily derived from the works of several management experts. We have considered the most commonly used concept of corporate governance in our study and have accordingly proposed the solutions to the problems that the companies usually face while adopting a certain system of management. In the next chapter we will discuss the issue of corporate governance in relation to the example that we have considered in the beginning of our study. Instruments: The literature review will be helpful in obtaining certain useful information relating to the study. This information will include: the history of the Japanese business organizations, their management practices, their decision making procedures, their business philosophies and other issues related to their system of corporate governance. In addition to this, the organizational performance of Japanese business entities, as compared to other organizations will be studied. The information thus obtained will be used to identify the effects of Japanese system of co...
The separation of ownership and control gives management powers to purse private benefits with the expense of shareholders, which increases agency costs and decreases economic efficiency. Corporate governance has been an important element for managing corporate operation and improving economic efficiency. John and state that corporate governance is effective control mechanism through which firm’s stakeholders could exercise control over corporate insiders and management to protect their interests. Firm’s stakeholders include shareholders and creditors, as well as other stakeholders like employees and
Corporate Governance refers to the systems by which a corporation is directed and controlled by its shareholders, directors, and officers. The structure of governance specifies the rights and responsibilities of different participants in the corporation with regard both to one another and outside parties. These laws generally relate to the boards of directors, managers, shareholders, creditors, auditors, regulators, and other stakeholders. Corporate Governance is a specialized mechanism for regulating risk in corporate activities, thereby (hopefully) averting corporate disasters, scandals, and consequential damage or losses to investors, staff, society and the wider world.
The Asian Financial Crisis which exposed the corporate governance weaknesses was a wake-up call for all the policymakers, standard setters as well as the companies (OECD, 2014). The parties that involved and affected from the crisis started to realize the importance of having strong corporate governance practices in their countries. Consequently, the Asian economies along with the OECD established the Asian Roundtable on Corporate Governance in 1999, in order to support the enhancement of corporate governance rules and practices (OECD, 2014).
This research paper is aimed towards understanding the corporate ethics and accountability at the Co-operative. The reason which gives this research a place is due to the ideologies and principles set out within the companies policies, the importance of corporate strategy and the goals and objectives give rise to this topic. When looking into a global company with a single reality its shareholders and staff should all share a similar sentiment to its core values and purpose, although whether acting as part of a tertiary sector or emphasizing fair trade the ethical foundation could be easily compromised from a differed opinion. The aims of this investigation is to compare and contrast the Co-operatives policies with another company of high sustain-ability value and decide from this whether it is extensive enough, also to apply some attention to how precise staff follow ethical policies from other companies to form a more in depth view. The reason for using these methods to gain the information is due to the reliability of forming an external view which can be applied to all companies, also with primary data being absent due to the companies recent losses being of focus it is the best available form of data.
Corporate governance is the policies, rules and regulations, by which a corporation shapes the way corporate officers, managers, and stakeholders perform their duties to create wealth for the entity. According to Lipman (2006), good corporate governance helps to prevent corporate scandals, fraud, and potential civil and criminal liability of the organization (p. 3). Most companies, whether formal or informal, have some type of corporate governance for the management to follow. Large companies will have a formal set of rules and regulations, while small companies frequently have spoken rules often due to lack time to form any type of formal policies. There is often no corporate governance with family owned companies.
Today, at the close of the century, corporate governance is still an important tool for monitoring performance and enhancing value even though the ultimate shape of this tool is in the process of being forged.
K, . N., ER, w., DAVID, K., PAUL, M., WALTER, O., & EVANS, A. (2012). Corporate governance theories and their application to boards of directors: A critical literature review . Prime Journal of Business Administration and Management (BAM), 2(12)(2251-1261), 782-787.
Nottingham Trent University. (2013). Lecture 1 - An Introduction to Corporate Governance. Available: https://now.ntu.ac.uk/d2l/le/content/248250/viewContent/1053845/View. Last accessed 16th Dec 2013.
Organization for Economic Co-operation and Development. Improving Business Behavior: Why we need Corporate Governance. Oct. 2004. OECD.
This aims to keep the management’s self-interests in check and thus ensure that there is no abuse of power at the expense of shareholders. Corporate governance is thus concerned with board commitment and shareholder rights, transparent disclosure, control environment, and good board practices. However, corporate governance is based on the pillars of independency, transparency, fairness, and accountability. The OECD stipulates the principles of corporate governance to entail the rights of shareholders, the equitable treatment of shareholders, the role of stakeholders in corporate governance, disclosure and transparency, and the responsibility of the
The office of the Director of Corporate Enforcement (ODCE, 2015), Ireland defines Corporate Governance as “the system, principles and process by which organisations are directed and controlled. The principles underlying corporate governance are based on conducting the business with integrity and fairness, being transparent with regard to all transactions, making all the necessary disclosures and decisions and complying with all the laws of the land”. It is the system for protecting and advancing the shareholder’s interest by setting strategic direction for the firm and achieving them by electing and monitoring the capable management (Solomon, 2010). It is the process of protecting the stakes of various parties that have their interest attached with a company (Fernando, 2009). Corporate governance is the procedure through which the management of the company is achieving the goals of various stake holders (Becht, Macro, Patrick and Alisa,