The Role of Other Duties

2019 ◽  
Author(s):  
Langford Rosemary
Keyword(s):  
Corporate Governance ◽  
Third Parties ◽  
Good Faith ◽  
Third Party ◽  
Best Interests ◽  
Stakeholder Interests ◽  
General Law ◽  
The Uk ◽  
Corporate Governance Reforms

The general law duties to avoid conflicts and profits (the conflicts and profits rules) do not regulate all of the conflicts encountered by a director. In particular, where the conflict or profit involves the interests of a third party (such as a director’s spouse or family member, a creditor, a friend or a major shareholder), the duties to avoid conflicts and profits do not necessarily apply. Instead, the duties to act in good faith in the interests of the company and for proper purposes (the best interests and proper purposes rules) are engaged. It is also the duty to act in good faith in the interests of the company that regulates the conflicts faced by directors in relation to stakeholders. This chapter examines the law concerning conflicts involving third parties and the vexed topic of the interaction between directors’ duties and stakeholder interests. Stakeholders include employees, creditors, investors, suppliers, customers, local, national and global communities, and the environment as a whole. The importance of stakeholder interests (and particularly those of employees) and engagement with stakeholders has been emphasised in recent corporate governance reforms in the UK.

Economic role of politics and corporate governance: reforms captured in Malaysia’s setting

2017 ◽  
Vol 59 (6) ◽  
pp. 839-853 ◽  
Author(s):  
Nurul Nazlia Jamil
Keyword(s):  
Corporate Governance ◽  
Emerging Market ◽  
Political Influence ◽  
Political Agenda ◽  
The Political ◽  
Content Type ◽  
Economic Role ◽  
Corporate Governance Reforms ◽  
Governance Reforms

Purpose This study aims to examine the economic role of politics on corporate governance reforms in one of emerging market, namely, Malaysia. Design/methodology/approach The paper is based upon a literature review analysis. Findings The Malaysian economic, political and social settings have resulted in undue state and detrimental political influence on business, and yet the corporate governance reforms undertaken seemed not be able to resolve the matter. It is suggesting that it would be beneficial for Malaysia to have more independent regulatory bodies representing a wide variety of stakeholders to improve the transparency and accountability to ensure that the reforms are effectively enforced without conflicting with the political agenda. Legal institutional reforms also may be needed to improve the structure, capacity and performance of judicial system, as it is capable to capture reliance of economic role of politics and promoting accountability in Malaysia. Research limitations/implications The economic role of politics on corporate governance reforms is merely to broaden the political strategy in the corporate sector as the change in politics can improve the effectiveness of corporate governance reforms. Moreover, the economic role of politics raises the tone of the corporate governance reforms, and it implies that policymakers need to have effective corporate governance strategy in dealing with the reforms initiatives in areas that have strong political interventions. Originality/value Regulatory and judicial implications are offered as a means to improve corporate governance in Malaysia.

Planning with people and their families

2018 ◽  
pp. 263-306
Author(s):  
Owen Barr ◽  
Bob Gates
Keyword(s):  
Action Planning ◽  
Direct Care ◽  
Best Interests ◽  
Nursing Interventions ◽  
Care Plans ◽  
Life Planning ◽  
Health Action ◽  
The Republic ◽  
The Uk

This chapter builds on the information within Chapter 4 and gives more in-depth consideration to the practicalities of accurate nursing assessments and writing outcome-focused care plans. It provides detailed information on important considerations when planning nursing interventions with people with intellectual disabilities and their carer/carers, including the role of advocacy, life planning, client health records, consent process, making best interests decisions, vulnerability, and safeguarding children and adults. It adds to this practical information by providing information on the necessary wider considerations for effective nursing and collaborative interdisciplinary and inter-agency working across the UK and the Republic of Ireland, including care pathways, health action planning, health facilitation, case management, and direct care payments.

6. Company Management and Governance

2020 ◽  
pp. 100-120
Author(s):  
Imogen Moore
Keyword(s):  
Corporate Governance ◽  
Institutional Investors ◽  
Executive Directors ◽  
Corporate Governance Code ◽  
Executive Remuneration ◽  
Questions And Answers ◽  
The Uk ◽  
And Control ◽  
The Relationship

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter explores important issues in company management and corporate governance, starting by examining the role of directors and shareholders (and the relationship between them) and the separation of ‘ownership and control’. Since the early 1990s, the governance of listed companies has been dominated by self-regulatory codes (currently the UK Corporate Governance Code). This chapter examines how these codes operate and considers key themes in corporate governance, including the role of non-executive directors and auditors; the position of institutional investors; and executive remuneration.

scholarly journals Exploiting common resources with capital-intensive technologies: the role of external forces

2008 ◽  
Vol 13 (5) ◽  
pp. 565-589 ◽  
Author(s):  
STEFANIE ENGEL ◽  
RAMÓN LÓPEZ
Keyword(s):  
Local Communities ◽  
Third Parties ◽  
Third Party ◽  
Bargaining Model ◽  
Bargaining Process ◽  
Outside Options ◽  
Model Distribution ◽  
External Forces ◽  
Capital Intensive

ABSTRACTThis paper focuses on the interactions between local communities having at least some degree of informal claims over natural resources and firms interested in commercially exploiting such resources, explicitly allowing for interventions by third parties interested in community welfare and environmental outcomes. Integrating conflict and bargaining theories, we develop a bargaining model with endogenous inside and outside options, in which the feasibility and outcomes of a potential bargaining game depend on the unraveling of a conflict stage and vice versa. The model implies that, contrary to the conventional bargaining model, distribution and efficiency cease to be separable. We show that certain third-party interventions in the bargaining process may have unexpected and counterproductive effects.

Wiederaufleben von Drittsicherheiten

2019 ◽  
Author(s):  
Sven Kalisz
Keyword(s):  
Historical Context ◽  
Previous Treatment ◽  
Case Law ◽  
Third Parties ◽  
Good Faith ◽  
Third Party ◽  
Security Agreements

The reinstatement of third-party collateral has not received much academic attention to date. Previous treatment of this issue has, in relation to many questions, merely led to seemingly apodictic assertions, without taking each systematic, historical context into account. This work provides coherent, dogmatically well-founded reasoning with respect to this set of issues. It scrutinizes prior approaches to this, in particular the differentiation between accessory and non-accessory collateral, resolves issues that have been disputed to date and provides a viable, dogmatic solution. In conclusion, possible contractual solutions are outlined which, contrary to previous approaches, except for tax and accounting law issues, protect the collateral taker as far as possible against good faith acquisition by third parties and can stand up to the strict case law relating to “restrictive security agreements”. This work is aimed at both practitioners and academics.

scholarly journals Corporate ownership and internationalization: The effects of family, bank and institutional investor ownership in the UK and in continental Europe

2013 ◽  
Vol 10 (2) ◽  
pp. 721-732 ◽  
Author(s):  
Antonio Majocchi ◽  
Vincenza Odorici ◽  
Manuela Presutti
Keyword(s):  
Corporate Governance ◽  
Potential Role ◽  
Institutional Investor ◽  
International Level ◽  
Corporate Ownership ◽  
The Uk ◽  
International Strategies

While the role of corporate governance has been increasingly analysed during recent years, it is only very recently that the effects of corporate governance features on firm international strategies have been also considered. Using the Osiris database by Bureau van Djik we consider the potential role played by different kind of shareholders among the determinants of firm international level, distinguishing between the firms quoted in the UK from those listed in countries of Continental Europe (France, Germany, Italy, Poland and Spain). Overall our results confirm that different kind of ownerships affect with different degree of intensity the overall level of firm’sinternationalization. First, we find that ownership matter. Second, our results show that theeffects of ownership over firm’s international strategies depend also on the context of analysis.

scholarly journals The role of government in corporate governance: Perspectives from the UK

2011 ◽  
Vol 9 (1) ◽  
pp. 283-293 ◽  
Author(s):  
Emmanuel Adegbite ◽  
Philip Shrives ◽  
Timothy Nichol
Keyword(s):  
Corporate Governance ◽  
Self Regulation ◽  
Governance System ◽  
Role Of Government ◽  
The Public ◽  
Corporate Scandals ◽  
Corporate Governance System ◽  
The Government ◽  
The Uk

Incessant corporate failures have led to increasing governmental participation in the governance of the modern corporation. In this conceptual paper, we examine and propose that the role of government in the UK corporate governance system is four fold, namely: to enhance competitive advantage; to compensate for the failure of self-regulation; to prevent corporate scandals and restore investors’ confidence; and owing to significant public pressures and associated political undertones, to suggest to the public the government is still an effective overseer in the existing prominence of self-regulation. We contribute to the literature on corporate governance, politics, policy making and regulatory institutions, whilst raising important issues that are of practice and policy relevance.

scholarly journals Virulent Ethnocentrism and Conflict Intractability: Puzzles and Challenges for 3rd Party Intervenors

2003 ◽  
Author(s):  
Dennis Sandole
Keyword(s):  
Third Parties ◽  
Third Party ◽  
Cognitive Level ◽  
Political Realism ◽  
Four Dimensions ◽  
Emotional Context ◽  
Identity Based ◽  
Historical Memories ◽  
The Cold War

This article addresses complex identity-based conflicts, such as those associated with the ending of the Cold War (e.g., Bosnia). It suggests that in many identity-based conflicts, historical memories of outrage and victimhood ("chosen traumas") have persevered across centuries, thereby keeping the conflicting parties "in history." The paper examines the role of virulent ethnocentrism in such intractable conflicts. It also examines the role of "nature" and "nurture" in embedding the universal tendency for humans to divide their species into "them" and "us" within a highly charged emotional context. The paper argues that the complexity of these conflicts has at least four dimensions which challenge the skills and good intentions of third parties: 1. Under stress parties' affective level (limbic brain) tends to override their cognitive level (neocortical brain), thereby enhancing the likelihood of experiencing "feeling is believing" instead of "seeing is believing." Parties may then not be susceptible to the efforts of third parties which often occur at the cognitive level. Such efforts do not necessarily "trickle down" to the affective level where "chosen traumas" are buried. 2. Third parties may have to first deal with an original, historical conflict (e.g., Turkey-Armenia, 1915) before they can deal with one of its more recent variations (Azerbaijan-Armenia, 1990s). 3. Analytically, third parties should employ comprehensive approaches to "capturing the complexity" of historically-/identity-based conflicts. Otherwise their intentions to "do no harm" may not only fail, but may make matters worse. 4. Effective third party intervention may then call for coordination among "multitrack" actors performing different roles at the same or at different points in time; in effect, the collaboration and "co-evolution" of approaches corresponding to otherwise competing paradigms (e.g., Political Realism, Idealism, Marxism, Non-Marxist Radical Thought [NMRT})

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