scholarly journals A MODEL OF THE INNOVATIVE PURPOSE FOR RESPONSIBLE INNOVATION: TOWARDS DESIGN-BASED CORPORATE GOVERNANCE

2020 ◽  
Vol 1 ◽  
pp. 1999-2008
Author(s):  
J. Lévêque ◽  
K. Levillain ◽  
B. Segrestin

AbstractEvolutions in corporate law recently introduced an optional commitment mechanism in the corporate contract: a purpose. Its writing is a pivotal but is yet puzzling from a design perspective. Especially it raises questions about how that could help shaping a responsible governance model for innovation. Our paper builds on an extended-decision framework to propose a formal model of how a stated-purpose shapes the decision situation. Our results highlight several purpose formulation strategies and finally a typology regarding how robustness to changes is embedded in the process is proposed.

2016 ◽  
Vol 35 (4) ◽  
pp. 517-529 ◽  
Author(s):  
Carlo Bellavite Pellegrini ◽  
Bruno S. Sergi ◽  
Emiliano Sironi

Purpose – Alternative corporate governance systems (CGSs) have attracted a significant bulk of research recently. While the connection between the adoption of an alternative system (one tier board or two tier board system) and firms’ performances has not been fully analysed yet, the purpose of this paper is to analyse whether companies which have turned into an alternative board system have eventually improved their performance over time. Design/methodology/approach – Using a sample of more than 15,000 Italian unlisted joint stock companies, the authors compare performance outcomes in 2009 of firms adopting alternative systems with performances of firms that maintained the system in force before the 2003 Corporate Law Reform (defined as “traditional”). Because of the choice of an alternative system (one tier or two tier board) instead of a traditional one is not random, the authors reduce selection bias implementing matching methods and comparing firms that are close in terms of propensity score measured in 2003 (the year before the new CGSs have been introduced by a corporate law reform). Findings – The authors do not find evidence of a significant improvement of performances in 2009 concerning those firms that have adopted a one tier or two tier board systems with respect to those which maintained a traditional one. Originality/value – The novelty of the study concerns the application of propensity score matching for the evaluation of the impact of the change of the CGS that is possible in presence of two conditions that are all verified in our setting: first, to have a country where corporate law allows for choosing among different systems; in this case Italy is a good laboratory, because it allows for the choice among three different systems; and second, to have the opportunity to evaluate the effect of the change in light of a relatively recent “pre-treatment” condition; this is made possible by the fact that before the 2003 Reform of corporate law all the companies had a traditional system.


2017 ◽  
Vol 25 (2) ◽  
pp. 158-175
Author(s):  
Abiodun Jacob Osuntogun

This article examines the existing statutory and institutional framework for corporate human rights accountability in South Africa. It considers the questions whether corporations are duty bearers and whether they have responsibilities or obligations to respect human rights and the mode of corporate governance model adopted to regulate them. It argues that although the Bill of Rights adequately provides for the culture and entrenchment of corporate accountability for human rights, the possibility of achieving its objective is not certain because there is a wide gap between the fulfilment of the vision of the Constitution and the mechanism adopted for its realisation.


2000 ◽  
Vol 10 (3) ◽  
pp. 725-733 ◽  
Author(s):  
Timothy L. Fort

Abstract:This paper is a response to a recent colloquy among Professors David Messick, Donna Wold, and Edwin Harman. I defend Messick’s naturalist methodology, which suggests that people inherently categorize others and act altruistically toward certain people in a given person’s in-group. This paper suggests that an anthropological reason for this grouping tendency is a limited human neural ability to process large numbers of relationships. But because human beings also have the ability to modify, to some extent, their nature, corporate law can organize small mediating institutions within large corporations in order to take ethical advantage of this grouping tendency. Within a corporate law taking seriously a mediating institution’s formulation of business communities, a virtue ethics approach can be integrated with a naturalist approach in a way that fosters ethical business behavior while mitigating the dangers of ingrouping tendencies.


2019 ◽  
Vol 4 (1) ◽  
pp. 62
Author(s):  
Mukhzarudfa Mukhzarudfa

Jambi Province is one of the provinces with the largest Muslim population in Indonesia, with such a large population, Jambi Province should have been a pioneer and direction for the development of Islamic banking and finance in Indonesia. Nevertheless, the contribution of sharia business is still very low compared to conventional business, in 2016 the sharia banking market share is still less than 5%. For the development of sharia banking in the future, the specificity of the application of sharia principles in totality, demanding products and contracts of Islamic banking must have a link with real sector activities. This is where an understanding of governance and a professional business model and the aspects of muamalat fiqh are needed. Islamic banking as a modern banking needs to be managed with the principles of modern governance, which are in accordance with sharia principles, for this reason, this study tries to uncover and analyze how the model of sharia corporate governance implementation in sharia financial institutions. This study aims to explore the model of disclosure mechanism of sharia banking corporate governance in Jambi Province. The sample banks in the study consisted of 7 Islamic banks in Jambi Province. Research is done by using Qualitative Methods. Data analysis is done using the content analysis method. The results of the study show that for 2016, the sharia banking model that is transparent, accountable, responsive, independent and fairness analyzed can be grouped into four aspects, namely the regulatory aspects, organizational structure, process aspects and functions. From the aspects analyzed, it can be concluded that the Islamic commercial banks in implementing their governance show that bank management has implemented the principles of governance fairly well, in accordance with the provisions of the applicable legislation. And there are still significant weaknesses in the application of its sharia governance structure model. The sharia governance model that is built is to produce a sharia banking model that is transparent, accountable, responsible, independent and fairness that is applied in Jambi Province at the same time as the provisions that apply to sharia banking internationally.


Author(s):  
Ronald J. Gilson

In the 1960s and 1970s, corporate law and finance scholars gave up on their traditional approaches. Corporate law had become “towering skyscrapers of rusted girders, internally welded together and containing nothing but wind.” In finance, the theory of the firm was recognized as an “empty box.” This essay tracks how corporate law was reborn as corporate governance through three examples of how we have usefully complicated the inquiry into corporate behavior. Part I frames the first complication, defining governance broadly as the company’s operating system, a braided framework of legal and non-legal elements. Part II adds a second complication by making the inquiry dynamic: corporate governance as a path dependent process that co-evolves with the elements of the broader capitalist regime. Part III considers unsuccessful efforts to simplify rather than complicate corporate governance analysis through static single factor models: stakeholder, team production, director primacy, and shareholder primacy. Part IV concludes by highlighting the tradeoff between a governance system’s capacity to adapt to change and its ability to support long-term investment.


2018 ◽  
Vol 15 (1) ◽  
pp. 107-120 ◽  
Author(s):  
Jacob Errichetti ◽  
Saeed J. Roohani

ABSTRACT This paper utilizes corporate governance concepts to assess the merit of the Digital Accountability and Transparency Act of 2014 (DATA Act). The paper first compares the information flows seen in a corporate context to those seen in a governmental reporting context. The paper then utilizes agency theory to establish a conceptual link between the two reporting processes. This conceptual link is used to identify common goals between the participants in the information flows. Following this, a corporate governance model is used to outline factors that contribute to effective corporate governance. This governance model is then used as a basis for assessing the merit of the DATA Act. After this, differences between the participants in the information flows are discussed and limitations of the paper are acknowledged. The paper suggests that the DATA Act has merit due to its potential to improve transparency and monitoring in the governmental reporting process. Increased data timeliness and usability will enhance transparency, while improvements in automation, data transfer, and data analytics will improve monitoring. The conclusions of this paper have implications for the participants in the governmental reporting process including government agencies, legislators, regulatory bodies, contractors, non-voting taxpayers, and members of the voting public.


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