Post-Sarbanes-Oxley corporate governance in Europe and the USA: Americanisation or convergence?

2003 ◽  
Vol 1 (1) ◽  
pp. 21-34 ◽  
Author(s):  
Edward Greene ◽  
Pierre-Marie Boury
2014 ◽  
Vol 11 (2) ◽  
pp. 364-377 ◽  
Author(s):  
Frank Scrimgeour ◽  
Geeta Duppati

Corporate governance is obviously a matter of global concern and has gained tremendous importance in recent years in the context of globalisation of economies and financial markets. The financial crisis of 2008 and the 2012 European crisis involving Greece, Italy and Spain revealed corporate governance failures in financial institutions and corporations, leading to systemic consequences (Classens and Yurtoglu, 2013). Earlier, two major scandals: Enron and WorldCom in the USA resulted in the enactment of Sarbanes Oxley Act, 2002 as a measure to ensure and restore investors’ confidence in business in particular and the interest of society at large. This lead to corporate governance reforms worldwide impacting corporate board composition, conduct, and responsibility at the legal and regulatory levels.


Company Law ◽  
2020 ◽  
pp. 415-443
Author(s):  
Alan Dignam ◽  
John Lowry

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter explores the corporate governance debate in the UK in terms of industry and the government. After presenting the background to the UK debate, it considers UK corporate theory and the industry and government responses to the corporate governance debate. It then examines the Sarbanes-Oxley Act that became law in the USA in July 2002; the UK Government’s independent review of non-executive directors (the Higgs Review); the link between corporate governance failure and the 2008 financial crisis; and it outlines a number of corporate governance reforms that have been adopted between 2009 and 2020 including the UK Government Corporate Governance Reform programme and the latest developments in the UK Corporate Governance Code.


2010 ◽  
Vol 5 (1) ◽  
pp. 1-24 ◽  
Author(s):  
Joann Segovia ◽  
Carol M. Jessup ◽  
Marsha Weber ◽  
Sheri Erickson

A very significant change to the accounting profession occurred in 2002 when the Sarbanes-Oxley Act of 2002 (SOX) was enacted. This legislation had a significant impact on corporations and their audit firms. The objective was to improve corporate governance and its quality of financial reporting to improve investor confidence. This paper provides instructors with a background on SOX and suggests readings and activities that reflect the requirements of SOX as it relates to the AIS environment and the analysis of internal controls. These activities can strengthen students' understandings of how corporations respond to the various reporting requirements of this Act.


Author(s):  
Marc I. Steinberg

This chapter provides an overview regarding the federalization of corporate governance as an evolutionary process. From this perspective, the chapter examines both state and federal law that impact corporate governance. As the chapter explains, from a historical perspective, the states emerged as the primary regulator of corporate governance. Today, Delaware has emerged as the preeminent state where publicly-held corporations elect to incorporate. Nonetheless, federal law, even from a traditional perspective, impacted corporate governance, such as the SEC’s shareholder proposal rule adopted over 75 years ago. With the enactment of the Sarbanes-Oxley Act of 2002, the Dodd-Frank Act of 2010, SEC rules adopted under the authority of these statutes, and the emergence of stricter substantive listing requirements mandated by the national stock exchanges, federal law principles are now firmly established.


2018 ◽  
Vol 18 (1) ◽  
pp. 31-52 ◽  
Author(s):  
John Buchanan ◽  
Dominic H Chai ◽  
Simon Deakin

Abstract Hedge fund activism has been identified in the USA as a driver of enduring corporate governance change and market perception. We investigate this claim in an empirical study to see whether activism produced similar results in Japan in four representative areas: management effectiveness, managerial decisions, labour management and market perception. Experience from the USA would predict positive changes at Japanese target companies in these four areas. However, analysis of financial data shows that no enduring changes were apparent in the first three areas, and that market perception was consistently unfavourable. Our findings demonstrate that the same pressures need not produce the same results in different markets. Moreover, while the effects of the global financial crisis should not be ignored, we conclude that the country-level differences in corporate governance identified in the varieties of capitalism literature are robust, at least in the short term.


2013 ◽  
Vol 9 (2) ◽  
pp. 105-110
Author(s):  
Songtao Mo ◽  
Yifan Shi ◽  
Yajing Wang

An understanding of changing auditing regulatory environment is vital in preparing students for the challenges in the accounting profession. The revised requirements for audit committees are one of the significant changes after the Sarbanes-Oxley Act of 2002. Presenting a case history of regulatory changes for audit committees, this study requires students to critically analyze information and to conduct research on auditing topics. Meanwhile, integrating further discussion on corporate governance into auditing class can enrich students learning experience by stimulating critical thinking.


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