scholarly journals Levers of Corporate Governance in India: Critical Analysis through Prism of Legal Framework

2013 ◽  
Author(s):  
Vrajlal K. Sapovadia ◽  
Akash Patel
Keyword(s):  
Corporate Governance ◽  
Critical Analysis ◽  
Legal Framework

Transformations of Self-Regulation and New Public Regulations in the Field of Swiss Corporate Governance (1985-2002)

2007 ◽  
Vol 3 (2) ◽  
Author(s):  
Andre Mach ◽  
Gerhard Schnyder ◽  
Thomas David ◽  
Martin Lupold
Keyword(s):  
Corporate Governance ◽  
Self Regulation ◽  
Legal Framework ◽  
Stock Exchanges ◽  
Private Governance ◽  
Proxy Voting ◽  
New Public ◽  
Long Time ◽  
Accounting Rules ◽  
Takeover Bids

Switzerland was for a very long time characterised by a strong tradition of self-regulation by private actors in the economic sphere rather than by an extensive and detailed legal framework. This is particularly true in the field of corporate governance and more precisely visible in the Stock Corporation Law, the supervision of the stock exchanges and accounting rules. Due to very lax legal rules, mechanisms of "private governance" complemented the minimal legal framework in these three fields. Over the last twenty or so years, these mechanisms of self-regulation have nonetheless undergone profound change. In fact, private self-regulation has been incrementally formalised and replaced by more specific public regulations in five important fields: the transferability of shares, proxy-voting by banks, takeover bids, supervision of the stock exchanges and accounting rules. Due to changes in the international context, to the shifting preferences of important economic actors, and to the emergence of new actors (institutional investors and accountants), the legal framework of Swiss corporate governance has been reformed in a significant way.

scholarly journals Cuestiones actuales del régimen jurídico-administrativo de las Cajas de ahorros españolas

2005 ◽  
pp. 31
Author(s):  
Ana Belén Casares Marcos
Keyword(s):  
Corporate Governance ◽  
Market Economy ◽  
Financial Market ◽  
Financial System ◽  
Legal Framework ◽  
Market Reform ◽  
Credit Institution ◽  
Savings Banks ◽  
Legal Situation ◽  
And Performance

Las reformas legislativas que han afectado en los últimos tiempos a la organización y el funcionamiento del sistema financiero español han tenido una especial repercusión en el ámbito de las cajas de ahorros. La tramitación parlamentaria de la Ley 44/2002, de 22 de noviembre, de Medidas de Reforma del Sistema Fianciero, reavivó el debate sobre su régimen jurídico y la necesidad de acotar la intervención pública en su seno. Ahonda en ello la Ley 26/2003 , de 17 de julio, de Transparencia, que extiende al ámbito de las cajas la preocupación por el corporate governance. Ambas normas responden a la necesidad de dar respuesta a algunos de los problemas más inmediatos a que se enfrentan estas entidades, si bien adolecen de un defecto fundamental por cuanto no abordan de forma exhaustiva la regulación de la institución. Se perpetúa así la trayectoria tradicional de "parcheo" del régimen jurídico aplicable a las mismas, evitando entrar en la cuestión esencial de la definición de su naturaleza jurídica y abocando a las cajas, en consecuencia, al díficil reto de acompasar su vocación social tradicional a las nuevas exigencias legales en pro de una mayor eficiencia, racionalidad y neutralidad de su acitividad económica.<br /><br />Recent legal changes pertaining to the organization and performance of the Spanish financial system have had significant repercussions on the savings banks sector. The law on financial market reform passed in 2002, Ley Financiera, raised once again the debate on their legal situation and the urge to cut down public influence on their management. The 2003 Transparency Law, Ley de Transparencia, follows this reform and extends corporate governance to Spanish savings banks. Both Laws seek to confront some of the most important issues raised by these credit institutions, but they also share the flaw of not regulating its legal framework and status completely. They continue, therefore, to add "patches" to the savings banks legislation, challenging these institutions to combine its function as a credit institution in a market economy and its position as a social foundation

scholarly journals COMPLIANCE OF CORPORATE GOVERNANCE IN BOSNIA AND HERZEGOVINA WITH EUROPEAN UNION STANDARDS

2018 ◽  
pp. 340-355
Keyword(s):  
European Union ◽  
Corporate Governance ◽  
Bosnia And Herzegovina ◽  
Legal Framework ◽  
Regulatory Framework ◽  
Quality Level ◽  
The European Union ◽  
Governance System ◽  
Governance Systems ◽  
Principles And Standards

Corporate governance provides an answer to the question who controls the corporation and how. It involves a set of relationships between management, shareholders and stakeholders. Corporate governance in Bosnia and Herzegovina is within the legal jurisdiction of entities, and consequently there are two substantially aligned and yet completely distinct corporate governance systems, which separates Bosnia and Herzegovina as a state in the international environment into a specific category in terms of corporate governance. This paper will analyze ownership concentration in order to identify the characteristics of the corporate governance systems, then it will present the principles on which the legal framework for corporate governance in Bosnia and Herzegovina is defined, compare the business transparency standards with the transparency directive in the EU, and measure the quality level of corporate governance in order to define key areas for improvement of corporate governance in Bosnia and Herzegovina. The development and characteristics of the corporate governance systems in Bosnia and Herzegovina will be explored and compared with the regulatory framework and standards of corporate governance in the European Union. Special emphasis is on comparing the transparency principles and standards of corporations in Bosnia and Herzegovina with corporations in the European Union. The aim of the research is to compare the regulatory framework and characteristics of the corporate governance system in corporations in Bosnia and Herzegovina with the standards in the European Union, to identify similarities and differences and to define key areas for improvement of corporate governance in Bosnia and Herzegovina.

scholarly journals Deficiencies in the Legal Framework of Housing in Pakistan: A Critical Analysis

2020 ◽  
Vol V (IV) ◽  
pp. 17-28
Author(s):  
Mirza Shahid Rizwan Baig ◽  
Rao Qasim Idrees ◽  
Hafiz Muhammad Usman Nawaz
Keyword(s):  
Local Governments ◽  
Critical Analysis ◽  
Regulatory Mechanism ◽  
Legal Framework ◽  
Financial Impact ◽  
Islamic Republic ◽  
Effective Manner ◽  
Housing Industry ◽  
Special Priority ◽  
Do So

Housing has been given a special priority by the present Government of Pakistan due to its huge financial impact. One of the basic necessities of life includes housing. Housing has been acknowledged as directory principle under the Constitution of Islamic Republic of Pakistan 1973. Under the scheme of the Constitution of Pakistan 1973, the provision of housing units is primarily the responsibility of the Local Governments in the provinces, but they have miserably failed to do so. This article points out some of the major reasons and obstacles due to which housing laws are unable to regulate the housing industry of Pakistan in an effective manner. At the end of this article, some suggestions and recommendations have been given, which are necessary to improve the legislative as well as the regulatory mechanism of the housing industry in Pakistan.

scholarly journals The Shafts of Strife and War: A Critical Analysis of the Immigration (Mass Arrivals) Amendment Bill

2012 ◽  
Vol 43 (4) ◽  
pp. 547 ◽  
Author(s):  
Christopher Foulkes
Keyword(s):  
New Zealand ◽  
International Law ◽  
Critical Analysis ◽  
Asylum Seekers ◽  
Legal Framework ◽  
Legal Difficulties

This article critically analyses the Immigration (Mass Arrivals) Amendment Bill 2012 currently before Parliament, which purports to deal with the potential mass arrival by sea of asylum seekers. The article first sets the legislation in its domestic and international law context as well as empirically comparing the changes with those recently enacted in Canada and Australia. The purported purposes of the legislation are examined by the article and it is seen that each of these are fraught with legal difficulties. Four major substantive changes the Bill would introduce are then outlined. In relation to the purposes of the legislation, New Zealand's domestic and international legal framework, and in comparison with similar regimes in Australia and Canada, this article concludes that the proposed New Zealand legislation is questionable in terms of both purpose and likely efficacy.

A Critique of Legal Framework Facilitating Access to Government Information in Tanzania

2015 ◽  
pp. 1737-1762
Author(s):  
John Ubena
Keyword(s):  
Critical Analysis ◽  
Good Governance ◽  
Universal Access ◽  
Case Law ◽  
Legal Framework ◽  
Theory And Practice ◽  
Government Information ◽  
The Media ◽  
Right To Information ◽  
The Right

This chapter provides a critical analysis of the legal framework for access to information particularly information held by government in Tanzania. The analysis intends to establish whether the existing Right To Information (RTI) legal framework and ICT development in Tanzania facilitates universal and requisite access to government information. In order to do that, the chapter utilises a literature review to understand contemporary trends in both theory and practice. In addition, journal articles, books, reports, case law, and pieces of legislation focusing on RTI are visited to obtain deeper insights in the topic under scrutiny. The findings indicate that, despite Tanzania's efforts to embrace democracy virtues, good governance, and technology, the country lacks adequate legal framework to facilitate universal access to government information and ensure that the Right To Information (RTI) is observed in all the socio-economic contexts. To rectify this problem, there is need to enact the RTI law with clear focus of encouraging access to government information. Although two bills (the Media Service Bill [MSB] and the 2011 RTI) are currently being debated, it is not clear yet when they will become law and subsequently practiced.

scholarly journals The Current Rights of Minority Shareholders in Saudi Arabia

2017 ◽  
Vol 6 (1) ◽  
pp. 185
Author(s):  
Khalid Saad Al-habshan
Keyword(s):  
Corporate Governance ◽  
Saudi Arabia ◽  
Board Of Directors ◽  
Legal Framework ◽  
Minority Shareholders ◽  
Shareholder Protection ◽  
Minority Shareholder Protection ◽  
The Board Of Directors ◽  
Standards And Regulations ◽  
Minority Shareholdings

The preceding articles examined the legal framework of corporate governance in Saudi Arabia and the important elements of the institutional framework for Saudi corporate governance. The discussion in this chapter first focuses on government and government-regulated institutions established to enforce compliance and see that the actions of corporations are in line with corporate governance law. This chapter then examines minority shareholdings interests and rights and investigates minority shareholder protection under the CL. In addition, the board of directors is described, which controls and guides firm operations in compliance with corporate governance standards and regulations.

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