Theoretical Exploration of Selected Corporate Governance Challenges

2016 ◽  
Author(s):  
Najla Podrug ◽  
Davor Filipović ◽  
Lara Jelenc
Keyword(s):  
Corporate Governance ◽  
Governance Challenges

Proactive Law as Competitive Advantage in Crowdfunding

2020 ◽  
pp. 861-881
Author(s):  
Jack Wroldsen
Keyword(s):  
Corporate Governance ◽  
Intellectual Property ◽  
Competitive Advantage ◽  
Competitive Advantages ◽  
Business Law ◽  
Short Term ◽  
Proactive Approach ◽  
Governance Challenges ◽  
Tax Efficiency

This chapter explains how the paradigm of proactive law as competitive advantage can help entrepreneurs succeed in crowdfunding campaigns. Business law scholars have developed theories of “proactive law” and “law as competitive advantage” to show how law can be transformed from an obstacle into a strategic business advantage. This chapter analyzes the evolving crowdfunding landscape through the lens of proactive law as competitive advantage. The chapter proposes several types of innovative securities designed to create competitive advantages in crowdfunding offerings. For example, one type would give crowdfunding investors long-term equity interests while simultaneously eliminating short-term corporate governance challenges for small crowdfunded companies. Apart from securities, the chapter also describes how a proactive approach to law can enhance crowdfunding campaigns in multiple areas, from intellectual property to tax efficiency. To conclude, the chapter suggests expanding the theory of proactive law as competitive advantage to additional areas of entrepreneurship, beyond crowdfunding.

Public Corporate Governance

2020 ◽  
pp. 230-248
Author(s):  
Ulf Papenfuß
Keyword(s):  
Corporate Governance ◽  
Policy Making ◽  
Economic Management ◽  
Research Perspectives ◽  
Supervision And Management ◽  
Corporate Governance Codes ◽  
Governance Challenges ◽  
Public Corporate Governance ◽  
Public Organisations ◽  
And Diffusion

In light of the relevance of state-owned enterprises (SOEs) for society and the serious governance challenges facing them, public corporate governance (PCG) is a crucial issue for scholars and practitioners. PCG can be defined as the legal and factual regulatory framework for control, supervision, and management of public organisations with independent economic management. This chapter outlines the basic concepts of PCG, major PCG challenges, and the potential and diffusion of public corporate governance codes. Furthermore, it shows the need for more empirical research and research perspectives for the PCG field to contribute to policy-making.

Proactive Law as Competitive Advantage in Crowdfunding

2020 ◽  
pp. 1107-1127
Author(s):  
Jack Wroldsen
Keyword(s):  
Corporate Governance ◽  
Intellectual Property ◽  
Competitive Advantage ◽  
Competitive Advantages ◽  
Business Law ◽  
Short Term ◽  
Proactive Approach ◽  
Governance Challenges ◽  
Tax Efficiency

This chapter explains how the paradigm of proactive law as competitive advantage can help entrepreneurs succeed in crowdfunding campaigns. Business law scholars have developed theories of “proactive law” and “law as competitive advantage” to show how law can be transformed from an obstacle into a strategic business advantage. This chapter analyzes the evolving crowdfunding landscape through the lens of proactive law as competitive advantage. The chapter proposes several types of innovative securities designed to create competitive advantages in crowdfunding offerings. For example, one type would give crowdfunding investors long-term equity interests while simultaneously eliminating short-term corporate governance challenges for small crowdfunded companies. Apart from securities, the chapter also describes how a proactive approach to law can enhance crowdfunding campaigns in multiple areas, from intellectual property to tax efficiency. To conclude, the chapter suggests expanding the theory of proactive law as competitive advantage to additional areas of entrepreneurship, beyond crowdfunding.

scholarly journals Pathological Corporate Governance Deficiencies in South Africa's State-Owned Companies: A Critical Reflection

2018 ◽  
Vol 21 ◽  
pp. 1-32 ◽  
Author(s):  
Tebello Thabane ◽  
Elizabeth Snyman-Van Deventer
Keyword(s):  
Corporate Governance ◽  
South African ◽  
Board Members ◽  
Executive Management ◽  
High Turnover ◽  
Role Of Government ◽  
Public Corporations ◽  
Political Interference ◽  
Governance Challenges ◽  
Foreign Control

Globally, states use state-owned companies (SOCs) or public corporations to provide public goods, limit private and foreign control of the domestic economy, generate public funds for the fiscus, increase service delivery and encourage economic development and industrialisation. Particularly given its unique socio-political and economic dynamics, a country such as South Africa clearly needs this type of strategic enterprise. Yet, that does not mean that everything at our SOCs is as it should be. The beleaguered South African Broadcasting Corporation (SABC) has recently seen the resignation of board members, shareholder interference in its operational affairs, and a high turnover of chief accounting officers and other executive management members. Due to non-performance, it has also received several cash injections from its shareholder to enable it to continue to deliver its services. In addition, the shareholder minister took it upon herself to amend the SABC's memorandum of incorporation, conferring upon herself the authority to appoint, suspend or even dismiss key executive members. South African Airways (SAA), in turn, has had seven CEOs in less than four years, has had to be bailed out at a cost of R550 million, and has in addition been granted a R5 billion guarantee by the shareholder for a restructuring exercise. Other SOCs such as Eskom, the Post Office and Telkom have also experienced high board and executive management turnover, perennial underperformance necessitating regular bailouts, and challenges regarding the division of power between their boards and the various shareholder ministers. Another issue that seems to plague South Africa's SOCs is the appointment of board members and executive officials with questionable qualifications. By critically examining the corporate governance challenges besetting the SABC, SAA and Eskom in particular, this article seeks to explore the root causes of the corporate governance deficiencies of SOCs, and how their corporate governance can be enhanced. It is concluded that the challenges faced by the country's SOCs are twofold: firstly, the SOCs boards' lack of appreciation of the cardinal corporate governance rules, and secondly, the role of government as a single or dominant shareholder, which results in substantial political interference in the running of the SOCs. This dual problem requires a dual solution. To arrest the problem of poor corporate governance in SOCs, government as the shareholder should firstly appoint fit and proper directors, having followed a sound due-diligence process. Once it has established such properly skilled and competent boards, however, government should adopt an arm's-length approach to the affairs of the SOCs as a way of insulating these corporations from political interference

scholarly journals Corporate governance challenges: In the context of MENA countries

2019 ◽  
Vol 8 (4) ◽  
pp. 35-45
Author(s):  
Khaled Otman
Keyword(s):  
Corporate Governance ◽  
Emerging Markets ◽  
Development Economic ◽  
Future Research ◽  
Mena Region ◽  
Mena Countries ◽  
Governance Model ◽  
Governance Challenges ◽  
Corporate Governance Model

Strong corporate governance is vital for countries in the Middle East and North Africa (MENA) as they strive to increase economic growth and reinforce competitiveness and create prosperous societies. This paper evaluates the corporate governance landscape by identifying Development Economic and policy challenges in the MENA countries. In addition, it discovers the role of MENA markets and OECD in improving corporate governance. The current study found that corporate governance is still in the early stages in MENA region and it recommends that there is a need for future research to develop corporate governance model in the unique economic and social environment in the MENA countries. The contribution of this research is significant, not only for the MENA region, but also for application to other emerging markets. In this study, clear insights are provided for policymakers, regulators, managers, investors and researchers involved in emerging markets.

scholarly journals A Study on Corporate Governance Disclosures in Selected Housing Finance Companies in India

2021 ◽  
Author(s):  
Suguna Margana ◽  
Sheela.p. Paluri
Keyword(s):  
Corporate Governance ◽  
Firm Value ◽  
Housing Finance ◽  
Annual Reports ◽  
Good Corporate Governance ◽  
Governance Practices ◽  
Governance Challenges ◽  
Effective Level ◽  
Degree Of Association ◽  
Clause 49

Abstract Every company across the globe today focuses on basic principles of good corporate governance for performing efficiently and to enhance their valuation in the market. A good corporate can generate the source of attracting capital, foreign investment, investors’ trust, confidence, and also take advantage of the vibrant stock market. Corporate governance is a code of business conduct and ethics that would greatly benefit the companies to thrive and prosper. The outcome of the literature review was that even though the disclosures are made mandatory, there is a large variation in the quality of corporate governance disclosure practices adopted by companies listed in different countries. Empirical research done earlier has also proved that good corporate governance practices being followed enhances the firm value. Housing finance companies face unique corporate governance challenges due to myriad reasons like ownership structures, lack of transparency, and insufficient checks on inappropriate activities. Despite the ‘corporate governance revolution’, there exists no universal benchmark for the effective level of disclosure and transparency. Corporate governance practices followed in business firms are communicated through the corporate governance section of annual reports. clause 49 of the listing agreement sets a detailed corporate governance provision to be followed by listed companies in India. This study aimed at evaluating the governance practices in Housing Finance Companies against disclosure requirements of clause 49. Housing Finance companies that are listed in the NSE are taken into consideration as the sample for the study. Kendall’s coefficient of concordance is used for determining the degree of association among several (k) sets of ranking of N objects or individuals.

scholarly journals Developments in the european banking industry

2009 ◽  
Author(s):  
Μαρία-Ελένη Αγοράκη
Keyword(s):  
Corporate Governance ◽  
Banking Industry ◽  
Board Structure ◽  
Governance System ◽  
Firm Financial Performance ◽  
Governance Challenges ◽  
The Board Of Directors ◽  
European Banking ◽  
European Banks ◽  
And Performance

Corporate governance has become a leading topic of research, considering its importance as an implement for transparency in financial markets and corporations. On the other hand, the role of the banks is fundamental in any economy that urges for strong corporate governance. Banks are “special” financial institutions posing unique corporate governance challenges. However, very little attention has been paid to the corporate governance of banks. Recent scandals in the financial sector have brought corporate governance at the forefront of academic and supervisory attention. Banks’ versatile role in the economic system has caught regulatory and supervisory interest around the world in an effort to inspire high quality corporate governance standards. Board structure, in the sense of board size and composition, and its impact on corporate performance constitutes an indispensable and, at the same time, prevalent theme of the corporate governance discussion. This thesis examines corporate governance issues in the European banking industry. More specifically, it examines the relationship between board structure and performance, on a sample of 57 large European banks, over the period 2002-2006. The board structure mechanisms applied, are the size of the board of directors and the percentage of non-executives on the board. In addition, this study employs different measures of firm financial performance both market-based and accounting based. Control variables for the bank size and risk as well as for the different corporate governance system are included in the models. The empirical analysis also incorporates a number of bank-specific variables. […]

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