China's SOE reforms tighten Party control of economy

2017 ◽  
Keyword(s):  
Board Of Directors ◽  
Communist Party ◽  
Market Forces ◽  
Direct Influence ◽  
Political Pressure ◽  
Business Decisions ◽  
Content Type ◽  
Party Control ◽  
The Board Of Directors ◽  
Internal Policy

Subject Communist Party control over businesses in China. Significance China has openly confirmed and legalised the direct influence of the Communist Party in the business decisions of state-owned firms, undermining the roles of market forces and the board of directors in corporate governance. Foreign joint ventures also report coming under political pressure to give their Party committees a formal say in management decisions. Impacts Formalising Party control of SOEs does not directly affect private firms, but the underlying intent to exercise more control could. If internal policy in general became less constrained by a desire to placate foreign partners, the repercussions would be serious. Chinese exporters will face further anti-dumping measures from regulators overseas. EU members that do not use anti-dumping procedures against China may support recognising China as a market economy anyway.

Party will reassert control over business in China

2018 ◽  
Keyword(s):  
Communist Party ◽  
Chinese Communist Party ◽  
Direct Control ◽  
Business Decisions ◽  
Content Type ◽  
Foreign Companies ◽  
Party Control ◽  
Business In China ◽  
The Government ◽  
Enterprise Reforms

Subject Communist Party control over private businesses. Significance The Chinese Communist Party sees itself as a 'vanguard party'. That is, it governs by leading other social groups, including the government and private enterprise. Reforms over the years have withdrawn the government from direct control of many industries, but the Party is reasserting control behind the scenes. Impacts In the business sector, control by the state is being replaced with control by the Party; enterprise is not an independent sector. Large private sector firms such as China's ICT giants are subject to the influence and occasional control of Party groups. Party infrastructure in foreign companies is growing, and the Party may take a closer look at business decisions.

Women on the board of directors and corporate tax aggressiveness in Australia

2016 ◽  
Vol 29 (3) ◽  
pp. 313-331 ◽  
Author(s):  
Grant Richardson ◽  
Grantley Taylor ◽  
Roman Lanis
Keyword(s):  
Board Of Directors ◽  
Selection Bias ◽  
Tax Avoidance ◽  
Multivariate Regression Analysis ◽  
Corporate Tax ◽  
Content Type ◽  
Tax Aggressiveness ◽  
Self Selection ◽  
The Board Of Directors ◽  
The Impact

Purpose This paper aims to investigate the impact of women on the board of directors on corporate tax avoidance in Australia. Design/methodology/approach The authors use multivariate regression analysis to test the association between the presence of female directors on the board and tax aggressiveness. They also test for self-selection bias in the regression model by using the two-stage Heckman procedure. Findings This paper finds that relative to there being one female board member, high (i.e. greater than one member) female presence on the board of directors reduces the likelihood of tax aggressiveness. The results are robust after controlling for self-selection bias and using several alternative measures of tax aggressiveness. Research limitations/implications This study extends the extant literature on corporate governance and tax aggressiveness. This study is subject to several caveats. First, the sample is restricted to publicly listed Australian firms. Second, this study only examines the issue of women on the board of directors and tax aggressiveness in the context of Australia. Practical implications This research is timely, as there has been increased pressure by government bodies in Australia and globally to develop policies to increase female representation on the board of directors. Originality/value This study is the first to provide empirical evidence concerning the association between the presence of women on the board of directors and tax aggressiveness.

Corporate governance, product market competition and firm performance: evidence from Iran

Humanomics ◽  
2017 ◽  
Vol 33 (1) ◽  
pp. 38-55 ◽  
Author(s):  
Mahdi Moradi ◽  
Mohammad Ali Bagherpour Velashani ◽  
Mahdi Omidfar
Keyword(s):  
Corporate Governance ◽  
Board Of Directors ◽  
Market Competition ◽  
Product Market ◽  
Research Literature ◽  
Product Market Competition ◽  
Governance Mechanisms ◽  
Management Performance ◽  
Content Type ◽  
The Board Of Directors

Purpose The purpose of this study is to investigate the effect of product market competition and corporate governance on firm’s management performance in the Tehran Stock Exchange market. According to the research literature, the governance mechanisms used in this study consist of ownership structure, structure of the board of directors and capital structure. In addition, Herfindahl–Hirschman Index and market size were used to measure the product market competition. Design/methodology/approach This study used one selected sample among the firms in the capital market of Iran from 2004 to 2012. Findings The results of this study indicated that there is a significant relation among the major governance mechanisms (including ownership concentration, independence of the board of directors and debt ratio) and product market competition and management performance. The findings of this study also showed that product market competition is effective on the relation between corporate governance and the performance, and this is what has been ignored in most of the conducted studies. Originality/value In general, the results of this study supported the idea that product market competition is effective on implementation and efficiency of governance mechanisms.

Corporate governance failure at Ricoh India: rebuilding lost trust

2018 ◽  
Vol 8 (4) ◽  
pp. 1-20
Author(s):  
Sonu Goyal ◽  
Sanjay Dhamija
Keyword(s):  
Corporate Governance ◽  
Board Of Directors ◽  
Multinational Corporations ◽  
Audit Committee ◽  
Governance Structure ◽  
Special Focus ◽  
Corporate Governance Structure ◽  
Content Type ◽  
External Auditors ◽  
The Board Of Directors

Subject area The case “Corporate Governance Failure at Ricoh India: Rebuilding Lost Trust” discusses the series of events post disclosure of falsification of the accounts and violation of accounting principles, leading to a loss of INR 11.23bn for the company, eroding over 75 per cent of its market cap (Financial Express, 2016). The case provides an opportunity for students to understand the key components of corporate governance structure and consequences of poor corporate governance. The case highlights the responsibility of the board of directors, audit committee and external auditors and discusses the changes required in the corporate governance structure necessary to ensure that such incidents do not take place. The case also delves into the classic dilemma of degree of control that needs to be exercised by the parent over its subsidiaries and freedom of independence given to the subsidiary board, which is a constant challenge all multinationals face. Such a dilemma often leads to the challenge of creating appropriate corporate governance structures for numerous subsidiaries. Study level/applicability The case is intended for MBA courses on corporate governance, business ethics and also for the strategic management courses in the context of multinational corporations. The case can be used to develop an understanding of the essential of corporate governance with special focus on the role of the board of directors, audit committee and external auditors. The case highlights the consequences and cost of poor corporate governance. The case can also be used for highlighting governance challenges in the parent subsidiary relationship for multinational corporations. The case can be used for executive training purposes on corporate governance and leadership with special focus on business ethics. Case overview This case presents the challenges faced by the newly appointed Chairman Noboru Akahane of Ricoh India. In July 2016, Ricoh India, the Indian arm of Japanese firm Ricoh, admitted that the company’s accounts had been falsified and accounting principles violated, leading to a loss of INR 11.23 bn for the financial year 2016. The minority shareholders were agitating against the board of directors of Ricoh India and were also holding the parent company responsible for not safeguarding their interest. Over a period of 18 months, Ricoh India had been in the eye of a storm that involved delayed reporting of financials, auditor red flags regarding accounting irregularities, a forensic audit, suspension of top officials and a police complaint lodged by Ricoh India against its own officials. Akahane needed to ensure continuity of Ricoh India’s business and also act quickly and decisively to manage the crisis and ensure that these incidents did not recur in the future. Expected learning outcomes The case provides an opportunity for students to understand the key components of corporate governance structure and consequences of poor corporate governance. More specifically, the case addresses the following objectives: provide an overview of corporate governance structure; highlight the role of board of directors, audit committee and external auditors; appreciate the rationale behind mandatory auditor rotation; appreciate the consequences of poor corporate structure; explore the interrelationship between sustainability reporting and transparency in financial disclosures of a corporation; understand management and governance of subsidiaries by multinational companies; and understand the response to a crisis situation. Supplementary materials Teaching notes are available for educators only. Please contact your library to gain login details or email [email protected] to request teaching notes. Subject code CSS 11: Strategy.

scholarly journals BUSINESS JUDGEMENT RULE SEBAGAI PERLINDUNGAN HUKUM BAGI DIREKSI PERSEROAN DALAM MELAKUKAN TRANSAKSI BISNIS

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Muhammad Gary Gagarin Akbar
Keyword(s):  
Board Of Directors ◽  
Legal Protection ◽  
Limited Liability ◽  
Business Decisions ◽  
Business Decision ◽  
Applicable Law ◽  
Business Judgment Rule ◽  
Company Directors ◽  
The Board Of Directors ◽  
Definition Of

ABSTRAK Direksi mempunyai peran yang sangat vital bagi perseroan. Direksi ibarat nyawa bagi perseroan, tidak mungkin suatu perseroan tanpa adanya direksi. Direksi bertugas sebagai perwakilan perseroan dalam menjalankan perseroan. Dalam prakteknya, direksi sering kali dirugikan akibat keputusan bisnis yang diambilnya. Hal ini diakibatkan oleh belum adanya harmonisasi undang-undang mengenai definisi keuangan negara sehingga memungkinkan direksi dikenakan tindak pidana korupsi jika direksi dalam mengambil keputusan bisnis menimbulkan kerugian bagi perseroan. Jika direksi dalam mengambil suatu keputusan tidak mendapatkan perlindungan hukum maka direksi menjadi takut untuk mengadakan transaksi bisnis. Karena itu dalam hal ini sangat dibutuhkan doktrin Business Judgement Rule sebagai perlindungan hukum bagi direksi dalam melakukan transaksi bisnis agar mereka bisa menjalankan tugasnya dengan maksimal. Selain itu, jika direksi membuat keputusan bisnis yang menimbulkan kerugian untuk perseroan dikarenakan ultra vires atau melampaui kewenangan yang telah ditentukan dalam anggaran dasar atau peraturan perundang-undangan yang berlaku, maka direksi tersebut tidak bisa dilindungi oleh doktrin Business Judgement Rule. Dalam hal direksi melakukan tindakan ultra vires, maka direksi tersebut dapat dikenakan Pasal 97 ayat (3) UUPT, pasal ini menyatakan bahwa setiap anggota direksi bertanggung jawab penuh sampai pada harta pribadi apabila direksi tersebut melakukan kesalahan atau kelalaian yang mengakibatkan perseroan mengalami kerugian, kemudian direksi BUMN juga dapat dikenakan Pasal 1365 mengenai perbuatan melawan hukum yang mengakibatkan kerugian pada orang lain, maka harus membayar ganti rugi kepada pihak yang dirugikan. Kata Kunci: Direksi, BUMN, Business Judgement Rule ABSTRACT Directors have a very important role for company. Directors like soul of the company, impossible a company without directors. Directors served as representative of the company in running the company. In practice, directors are often adversely affected business decision taken. This is caused by the absence of harmonization of legislation on the definition of state finances so as to enable the directors subject to corruption if the directors in making business decisions result in losses for the company. If the directors in taking a decision not to get legal protection, the directors be afraid to conduct business transactions. Therefore in this case is necessary doctrine of Business Judgment Rule as legal protection for directors in the transaction of business so that they can carry out their duties to the fullest. In addition, if directors make business decisions causing losses to the company due to the ultra vires or beyond the authority specified in the statutes or regulations applicable law, the directors can not be protected by the doctrine of the Business Judgment Rule. In the event that the directors act ultra vires, the directors may be subject to Article 97 paragraph (3) of legislation limited liability company, this article states that each member of the board of directors fully responsible to the personal property if the directors of wrongdoing or negligence which resulted in the company at a disadvantage, then the board of directors SOE also be subject to Article 1365 of the unlawful act that caused financial losses to others, it must pay compensation to the injured party. Keywords : Directors, State Owned Enterprises, Business Judgement Rule (BJR)

Board performance and its relation to dividend payout: evidence from Malaysia

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ravichandran Subramaniam ◽  
Mahenthiran Sakthi
Keyword(s):  
Board Of Directors ◽  
Capital Market ◽  
Performance Measure ◽  
Corporate Boards ◽  
Minority Shareholders ◽  
Dividend Payout ◽  
Content Type ◽  
Return On Capital ◽  
The Board Of Directors ◽  
Board Performance

PurposeTo examine the board of directors’ performance and if higher performance helps protect minority shareholders in an emerging capital market. Additionally, we determine if the different types of company ownership moderate the level of protection to minority shareholders.Design/methodology/approachThe study develops a measure of board performance with their compensation. And it tests its association with the dividend payout decision of 300 of the largest Malaysian public listed companies (referred to as PLCs) over the period 2008 to 2014.FindingsThe results find that higher board productivity in terms of return on capital employed is associated with higher dividend payout. Additionally, the study finds that the board performance measure interacts with race, ethnicity and gender of the board of directors and CEO duality to affect the dividend payout decision of Malaysian PLCs.Research limitations/implicationsIt is a single-country study of large Malaysian PLCs. And it uses only the governance mechanisms that have been shown in emerging capital markets to have the most significant effect on affecting the relationship between board performance and dividend payout.Practical implicationsThe findings show the importance of inclusivity and diversity in governing State-controlled firms in an emerging capital market.Originality/valueThe findings suggest improving corporate boards’ performance, protecting minority shareholders and contributing to the corporate governance literature. Notably, the study highlights boardroom diversity’s importance to enhance the boards of State-controlled firms’ performance.

Financial soundness of Islamic banks: does the structure of the board of directors matter?

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Afef Khalil ◽  
Imen Ben Slimene
Keyword(s):  
Corporate Governance ◽  
Board Of Directors ◽  
Islamic Banks ◽  
Z Score ◽  
Data Set ◽  
Content Type ◽  
Additional Hypothesis ◽  
The Board Of Directors ◽  
Financial Soundness ◽  
The Impact

Purpose The purpose of this paper is to examine the Board of Directors’ characteristics and their impact on the financial soundness of Islamic banks. Design/methodology/approach Regression analysis is applied to test the impact of the Board of Directors’ characteristics on the financial soundness of Islamic banks, using a panel data set of 67 Islamic banks covering 20 countries from 2005 to 2018. The Z-score indicator is used to evaluate the Islamic banks’ soundness. To check the robustness of the results, this paper uses other dependent variables (CAMEL) than the Z-score. Findings The main results show that the presence of an independent non-executive director negatively impacts the financial soundness of Islamic banks, while the chief executive officer duality practice has a positive effect on it. Other characteristics of the Board of Directors do not significantly impact the financial soundness of Islamic banks (foreign director, institutional director, chairman with a Shari’ah degree, interlocked chairman and the Board of Directors’ size). Practical implications This study aims to fill the gaps in the literature that discuss the Board of Directors’ role in corporate governance and its impact on the financial soundness of Islamic banks. In other words, it shows the role played by the Board of Directors and improves the knowledge of the corporate governance-financial soundness relationship. Plus, managers, investors and regulators may gain evocative insights, particularly those looking to improve their Islamic banks’ soundness by restructuring their boards’ composition. Originality/value This study sheds new light on the literature on Islamic banking by clarifying the relationship between the Board of Directors and the financial soundness of Islamic banks. Contrary to previous research, this paper uses an additional hypothesis stating that a chairman with a Shari’ah degree (Fiqh Muamalt) has a positive impact on the financial soundness of Islamic banks.

Online transparency and corporate governance in Spanish governmental agencies

2019 ◽  
Vol 43 (4) ◽  
pp. 653-675 ◽  
Author(s):  
Vicente Pina ◽  
Lourdes Torres
Keyword(s):  
Corporate Governance ◽  
Board Of Directors ◽  
Previous Literature ◽  
Independent Directors ◽  
Political Dimension ◽  
Content Type ◽  
Eu Directive ◽  
The Board Of Directors ◽  
Practical Implications ◽  
Spanish Legislation

Purpose Online transparency has become a tool to increase legitimacy and trust in governments. The purpose of this paper is to study the online transparency of Spanish Central Government agencies and analyze whether their corporate governance (CG) structures influence their online transparency. Design/methodology/approach The information used for building an online transparency index and about the board of directors has been collected from the websites of the 168 agencies and from their statutes and activity reports. Ordinary least squares analysis is used. Based on a previous literature review and the requirements of the EU Directive and Spanish legislation, 108 items included in the websites have been analyzed. Findings The average information displayed through the website agencies is significantly less than the information considered as relevant in previous literature and in the Spanish legislation. The highest values are presented by the technical dimensions and the lowest by the organizational/political dimension. The presence of independent directors and women on the boards of directors are revealed as the most important explanatory factors of online transparency. Practical implications Practical implications to improve online transparency are related to the organizational/political dimension – including the positions and CVs of members of governing bodies, minutes, etc. and to the presence of independent directors and, to a lesser extent, of women, on the board of directors. Originality/value The contribution of this paper is the identification of some online transparency determinants in public entities under the same general legal framework. This is the first paper that analyzes the relationship between online transparency and CG in public agencies.

Women representation on boards: a South African perspective

2016 ◽  
Vol 24 (2) ◽  
pp. 211-225 ◽  
Author(s):  
Gizelle Willows ◽  
Megan van der Linde
Keyword(s):  
Corporate Governance ◽  
Financial Performance ◽  
Board Of Directors ◽  
Boards Of Directors ◽  
Critical Mass ◽  
Gender Diversity ◽  
Current Status ◽  
Company Performance ◽  
Content Type ◽  
The Board Of Directors

Purpose By looking at both theoretical and empirical findings, this study aims to investigate whether gender diversity results in improved corporate governance and financial performance for companies. Design/methodology/approach An analysis of the board composition of the Johannesburg Securities Exchange Top 40 companies as at 30 June 2013 and a comparison of the financial performance of the company were conducted. Findings Female directors were found to make up, on average, 18.78 per cent of the board of directors, with the majority of these women being in non-executive positions. Women representation appears to influence company performance positively when using accounting-based measures of performance (such as return on assets and return on equity), but negatively when using market-based measures (such as Tobin’s Q). The critical mass concept is also assessed and is found to have a positive effect. Originality/value These findings are of relevance to the boards of directors adhering to corporate governance requirements by challenging the role of women on the board of directors, as well as that of investors and those in practice, to understand the current status of women representation.

The impact of board characteristics on corporate investment decisions: an empirical study

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ben Kwame Agyei-Mensah
Keyword(s):  
Regression Analysis ◽  
Board Of Directors ◽  
Investment Decisions ◽  
Corporate Investment ◽  
Independent Directors ◽  
Investment Efficiency ◽  
Content Type ◽  
Board Characteristics ◽  
The Board Of Directors ◽  
The Impact

Purpose The purpose of this study is to investigate the influence of board characteristics on firms’ investment decisions. Design Methodology Approach The study used data sourced from annual reports of firms listed on the Ghana Stock Exchange from 2014 to 2018. Descriptive analysis was performed to provide the background statistics of the variables examined. This was followed by a regression analysis which forms the main data analysis. Findings The multiple regression analysis results indicated that the proportion of independent directors and financial experts on the board are negatively related to firm investment. These findings imply that independent directors and financial experts on the board can help firms reduce overinvestment and improve investment efficiency. Originality Value The extant literature shows that the board of directors are an effective mechanism to reduce agency problems in firm decisions and operating performance. However, there has been little research on the role of the board of directors in corporate investment policy.

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