Western versus Asian Laws on Corporate Governance

2015 ◽  
Author(s):  
Hideki Kanda
Keyword(s):  
Corporate Governance ◽  
Insider Trading ◽  
The United States ◽  
Corporate Law ◽  
Legal Rules ◽  
Accounting Rules ◽  
International Convergence ◽  
The Cost ◽  
The Relationship

This chapter examines the issue of when laws do and do not converge in the field of corporate governance, with particular emphasis on the cost of enforcement and the role of enforcement in international convergence. Focusing on Western versus Asian laws on corporate governance, it considers when, how, and why legal rules change and whether transplantation of legal rules from Western countries has been successful. It also explores the relationship between enforcement and substantive legal rules, mainly by comparing laws in Japan and the United States. Finally, it discusses three areas relating to corporate governance: the regulation of insider trading, financial disclosure and accounting rules, and corporate law rules on governance.

The SEC’s Impact on the Federalization of Corporate Governance—A Traditional Perspective

2018 ◽  
Author(s):  
Marc I. Steinberg
Keyword(s):  
Corporate Governance ◽  
Mergers And Acquisitions ◽  
Insider Trading ◽  
Securities And Exchange Commission ◽  
Outside Directors ◽  
Tender Offers ◽  
Going Private ◽  
Rule Making

This chapter examines, from a traditional perspective, several areas where the Securities and Exchange Commission (SEC) has impacted corporate governance in a meaningful way. By way of example, these subjects include insider trading, qualitative materiality, the role of gatekeepers (such as outside directors, attorneys, and accountants), the Commission’s use of disclosure to influence conduct, the implementation by subject companies of undertakings pursuant to SEC enforcement proceedings, and mergers and acquisitions (including tender offers and going-private transactions). This chapter’s focus is on the manner in which the SEC for well over 50 years has impacted corporate governance by means of exercising its rule-making and oversight authority.

The cost of linguistic loyalty

2009 ◽  
Vol 6 (1) ◽  
pp. 7-25 ◽  
Author(s):  
Devin L. Jenkins
Keyword(s):  
United States ◽  
Language Maintenance ◽  
Census Data ◽  
The United States ◽  
Spanish Language ◽  
Median Income ◽  
Social Variables ◽  
Model Set ◽  
The Cost ◽  
The Relationship

In a census-related study on language maintenance among the Hispanic/Latino population in the southwest United States, Hudson, Hernández-Chávez and Bills (1995) stated that, given negative correlations between language maintenance and years of education and per capita income, “educational and economic success in the Spanish origin population are purchased at the expense of Spanish language maintenance in the home” (1995: 179). While census figures from 1980 make this statement undeniable for the Southwest, the recent growth of the Spanish-language population in the United States, which has grown by a factor of ~2.5 over the last twenty years, begs a reexamination of these correlations. A recent study on the state of Colorado (McCullough & Jenkins 2005) found a correlational weakening, especially with regard to the relationship between language maintenance and median income.
 The current study follows the model set forth by Hudson et al. (1995) in examining the interrelationship between the measures of count, density, language loyalty and retention based on 2000 census data, as well as the relationship between these metrics and socioeconomic and demographic variables, including income and education. While some relationships existed in 2000 much in the same way that they did in the 1980 data, especially with regard to count and density, the measures of loyalty and retention saw marked reductions in their correlations with social variables.

The effectiveness of e-corporate governance: an exploratory study of internet voting at shareholders’ annual meetings in France

2020 ◽  
Vol 20 (4) ◽  
pp. 673-702
Author(s):  
Sonia Abdennadher ◽  
Walid Cheffi
Keyword(s):  
Corporate Governance ◽  
Practical Implementation ◽  
Business Law ◽  
Content Type ◽  
Internet Voting ◽  
Documentary Analysis ◽  
Governance Effectiveness ◽  
Voting System ◽  
The Relationship

Purpose E-corporate governance or the use of technologies and information systems (ISs) in corporate governance, is still a subject that is too seldom addressed in business research. This paper is at the intersection between two fields of research (corporate governance and the management of ISs), which are interdependent in ways that are still unexplored. The paper analyzes the implications of internet voting (IV) at shareholders’ annual meetings (SAM) for the corporate governance of listed companies in France, in particular for the relationship between executives and shareholders. Most of the studies that have dealt with IV at SAM have focused on techno-legal issues and were often conducted by business law researchers. The purpose of this paper is to investigate the implications of the new voting system through the prism of corporate governance. Design/methodology/approach The authors proceeded by triangulation of methods. This qualitative study is based on observations, interviews and documentary analysis. It assessed the IV implications for both the issuing companies and the shareholders. Findings The new voting system brings undeniable competitive advantage to the issuing company and facilitates shareholders’ activism, yet it has serious risks both for the corporations and for certain categories of the shareholder. Interestingly, the authors propose an original and field-grounded typology that distinguishes the risks and benefits associated with IV in relation to executives’ attitudes. Social implications The paper shows that the resolving of identified deficiencies with IV development could contribute to the alignment of companies’ interests with those of shareholders. Moreover, the study calls for policymakers to appoint an official body to regulate the practical implementation of the new system and to prevent its dissemination being held hostage to the executives’ willingness. Originality/value An original aspect of this research lies in the effective operationalization of the constructs of corporate governance effectiveness with a view to examining corporate governance as a set of technologically mediated practices. Moreover, this study emphasizes the key role of the construct of “executives’ willingness” in facilitating/impeding IV diffusion. This underlies their attempts to reverse the corporate governance relationship.

scholarly journals O papel da auditoria interna na promoção da accountability nas Instituições de Ensino Superior

2020 ◽  
Vol 54 (2) ◽  
pp. 243-265
Author(s):  
Anabela dos Reis Fonseca ◽  
Susana Jorge ◽  
Caio Nascimento
Keyword(s):  
Higher Education ◽  
Decision Making ◽  
Good Governance ◽  
Internal Auditing ◽  
Management Effectiveness ◽  
Public Sector Organizations ◽  
International Convergence ◽  
Accountability Practices ◽  
The Relationship

Abstract This paper discusses the link between accountability and internal auditing, particularly analyzing the extent to which the latter contributes to improve the former, in Higher Education Institutions (HEIs). This study applied a questionnaire to the management boards of a sample of HEIs, to empirical analyze the relationship between internal auditing and accountability. The main focus was on internal auditing carried out by the offices or departments in those institutions. The paper contributes to understand how management boards perceive internal auditing to foster transparency and accountability in HEIs, allowing to corroborate that auditing, and particularly internal auditing, favors the institutions’ accountability. In effect, it promotes the principles underlying accountability practices. The information provided in the scope of internal audits is acknowledged as contributing to improve management effectiveness and helping in decision-making. HEIs wanting to create an internal auditing office or to enhance the role of an existing one, should develop this office’s activities so that it becomes an instrument to support accountability and good governance of the organization. The sample consisted of Portuguese public HEIs, universities and polytechnics. Despite a certain international convergence regarding this type of public sector organizations, and regarding their purposes and governance, certain contextual specificities might limit the generalization of the findings for other jurisdictions.

scholarly journals Corporate governance and performance of listed commercial banks in South Africa

2014 ◽  
Vol 11 (2) ◽  
pp. 677-687
Author(s):  
Sam Ngwenya
Keyword(s):  
South Africa ◽  
Corporate Governance ◽  
Commercial Banks ◽  
Global Financial Crisis ◽  
The United States ◽  
Executive Directors ◽  
Governance Indicators ◽  
And Performance ◽  
The Global Financial Crisis ◽  
The Relationship

The global financial crisis of 2008 that resulted in the collapse of many financial institutions in the United States (US) and Europe have resulted in debates over the failures of corporate governance structures to properly protect investors. The main objective of the study was to determine the relationship between corporate governance and performance of listed commercial banks in South Africa. The results of the study indicated a statistically positive significant relationship between board size, proportion of non-independent and non-executive directors and bank performance. The results of the rest of the corporate governance indicators are mixed when using different performance measurement variables.

Role of TQM in Sustained Business Performance in Indian Automotive Supply Chain

2018 ◽  
pp. 121-143 ◽  
Author(s):  
Sanjiv Narula ◽  
Satwinder Pal ◽  
Vinay Saini ◽  
Prabhat Saxena ◽  
Ajay Goyal ◽  
...  
Keyword(s):  
Cost Effectiveness ◽  
Business Performance ◽  
Primary Data ◽  
Total Quality ◽  
Business Sustainability ◽  
Automotive Supply Chain ◽  
The Cost ◽  
Automotive Supply ◽  
The Relationship

This chapter creates a place in which TQM (total quality management) differs from business sustainability. Management can focus themselves more accurately when they understand the missing link between these two aspects. It also helps to reduce and eliminate certain wastes related to cost and efficiency and helps to produce better quality with minimum waste. In this study, a TQM framework is developed according to a comprehensive literature review: primary data collection through a structured questionnaire and interview of performers/nonperformers at various levels in different organizations. Analysis of data is used to establish the relationship between attributes of TQM and business sustainability. TQM enhances the cost effectiveness while helping suppliers to produce enhanced quality to their customers and with minimum efforts and lesser rejection. Analysis of data is used to establish the relationship between attributes of TQM and cost effectiveness in an organization.

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.

Moderating Effects of Novelty and Spontaneity on Personal Electronic Communication at Work

2012 ◽  
Vol 2 (2) ◽  
pp. 19-32
Author(s):  
Pruthikrai Mahatanankoon
Keyword(s):  
Electronic Communication ◽  
The United States ◽  
Synchronous Communication ◽  
Workplace Communication ◽  
Novelty Seeking ◽  
Moderating Effects ◽  
Communication Management ◽  
Media Synchronicity ◽  
The Relationship

This exploratory study aims to examine the moderating effect of novelty seeking and spontaneity on the relationship between asynchronous and synchronous personal electronic communication at work. Hierarchical moderated regression analyses were used to analyze a survey of 110 white-collar employees working in the midwestern region of the United States. Data analysis revealed the moderating effects of spontaneity and novelty seeking on the transition from personal asynchronous to synchronous communication, emphasizing the role of novelty seeking and spontaneity as the precursors to higher media synchronicity—a transition from conveyance to convergence processes as observed in various hedonic settings. Strategies for workplace communication management are discussed.

scholarly journals SLEEP QUALITY AS A MECHANISM LINKING PHYSICAL ACTIVITY AND COGNITIVE FUNCTIONING

2019 ◽  
Vol 3 (Supplement_1) ◽  
pp. S779-S779
Author(s):  
Alycia N Bisson ◽  
Margie E Lachman
Keyword(s):  
Physical Activity ◽  
Executive Functioning ◽  
Sleep Quality ◽  
The United States ◽  
Physically Active ◽  
Waking Up ◽  
The Relationship ◽  
Second Wave ◽  
Moderating Role

Abstract Modifiable health behaviors, such as physical activity and sleep quality are important for cognition throughout life. A growing body of research also suggests that engaging in enough physical activity is important to sleeping well. One recent study found that sleep efficiency mediates the relationship between physical activity and cognition. It is still unknown whether other metrics of sleep quality are mediators. The present study tested mediation in the second wave of the Midlife in the United States (MIDUS) study. Using the PROCESS macro for SPSS, we found that those who were more physically active fell asleep faster, and had better executive functioning. In addition, those who were more physically active reported waking up fewer times during the night, and had better executive functioning and self-rated memory. Discussion will focus on the moderating role of gender and distinctions between findings with different measures of sleep, physical activity, and cognition.

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