Director Liability Protection and Board Quality

2019 ◽  
Author(s):  
Ronald W. Masulis ◽  
Sichen Shen ◽  
Hong Zou
Keyword(s):  
Director Liability

scholarly journals Corporate Foreign Corrupt Practices and Director Liability

2014 ◽  
Vol 51 (3) ◽  
pp. 555
Author(s):  
Paul Blyschak
Keyword(s):  
Risk Mitigation ◽  
Civil Liability ◽  
Case Law ◽  
Corporate Law ◽  
Mitigation Strategies ◽  
Public Officials ◽  
Risk Mitigation Strategies ◽  
American Case ◽  
Director Liability

This article examines the various forms of potential liability faced by directors in their capacity as such in connection with corrupt practices engaged in by the corporations they serve. Although generally little discussed to date, Canadian directors do face potential civil liability associated with contraventions of the Corruption of Foreign Public Officials Act that are particular to their status as directors of a corporation. This article thus highlights this particular area of corporate law by reviewing both Canadian jurisprudence and American case law to decipher what lessons Canadian directors can learn in the absence of Canadian precedent similarly on point. Several key cases are highlighted and various risk mitigation strategies available to Canadian directors to guard against these potential liabilities are also discussed.

Statutory limits on director liability

1989 ◽  
Vol 32 (4) ◽  
pp. 43-50 ◽  
Author(s):  
Bill Shaw
Keyword(s):  
Director Liability

scholarly journals Corporate Governance from a Cross-Country Perspective and a Comparison with Romania

2021 ◽  
Vol 14 (12) ◽  
pp. 600
Author(s):  
Bogdan Aurelian Mihail ◽  
Dalina Dumitrescu
Keyword(s):  
Developing Countries ◽  
Corporate Governance ◽  
Stock Market Development ◽  
Corporate Transparency ◽  
Governance Indicators ◽  
Corporate Governance Codes ◽  
Country Analysis ◽  
Cross Country ◽  
Director Liability ◽  
And Control

This paper investigates corporate governance from a cross-country perspective and makes a comparison with Romania. There are studies that examine the corporate governance issues related to Romanian companies, but these studies provide only qualitative and descriptive accounts of the research topic, with limited cross-country analysis. The present paper complements the literature by producing a quantitative analysis of cross-country corporate governance and makes a comparison with Romania. For this purpose, a set of corporate governance indicators from a large sample of 39 advanced and developing countries was collected for the 2006–2020 period. In terms of corporate governance dimensions, it was found that Romania underperforms other developing countries in the dimensions of director liability and ownership and control, while it outperforms them in the dimensions of corporate transparency, disclosure, and shareholder rights. The results indicate that the stagnant corporate governance scores and the low development level of stock markets stand out as important business challenges for the country. The correlation and regression analyses show that stock market development is closely associated with corporate governance dimensions and, overall, corporate governance scores matter greatly for the economic growth of countries, such as Romania, which can benefit greatly from the improvement of corporate governance codes and practices in the private sector.

scholarly journals THE EFFECTS OF ACCOUNTABILITY, GOVERNANCE CAPITAL, AND LEGAL ORIGIN ON REPORTED FRAUDS

2019 ◽  
Vol 25 (6) ◽  
pp. 1213-1231 ◽  
Author(s):  
Domicián Máté ◽  
Rabeea Sadaf ◽  
Judit Oláh ◽  
József Popp ◽  
Edit Szűcs
Keyword(s):  
Economic Growth ◽  
Business Environment ◽  
Policy Implications ◽  
Reporting Standards ◽  
Legal Origin ◽  
Institutional Perspective ◽  
Diverse Economies ◽  
Financial Crimes ◽  
Director Liability

An institutional perspective is employed to illuminate the complexity of frauds in various diverse economies, in order to enhance the efficacy of previous accounting concepts. In this study, the effects of the legal, regulatory and human framework of the strength of auditing and reporting standards, and the governance capital related to global sustainable competitiveness and economic growth, etc. are analysed by linear regression (OLS) methods. Moreover, the role of other indicators i.e. financial freedom, the extent of director liability and legal origin, are interrelated with the number of fraud cases. From the results, it appears that an increased level of governance capital, financial freedom from government pressure, strengthened transparency and more protected minority investors through liable directors might increase the number of reported fraud cases in the countries and years examined. The existence of legal origin also seemed to be an appropriate proxy for an improved understanding of fraud characteristics. This evidence suggests it is worth investigating in depth the nature of financial crimes across countries for a better understanding of this phenomenon. In this way, these findings might have sufficient potential in the case of adequate policy implications within a less litigious business environment to resolve the undesirable consequences of impending financial downturns, and to achieve sustainable competitiveness and economic development.

Sign in / Sign up

Export Citation Format

Share Document