Comparative analysis of development paths within the framework of the two-tier corporate governance model in Germany, Italy, and China

2021 ◽  
Vol 3 (1) ◽  
pp. 17-28
Author(s):  
Shu Li

This article aims to reveal the three trajectories of establishing the two-tier model and select Germany, Italy, and China to discuss the ontology of the two-tier model, its integration with other local models, and its development variants. This article compares the similarities and differences of the two-tier model in the organizational structures of three countries to show that there is institutional inertia or path dependence in the design of legal systems and rules on corporate governance. In the two-tier model, the management agency performs the corporate business, the supervisory agency supervises the corporate operations, and the relationship between the management agency and the supervisory agency is subtle and complex. Germany is the original user of the two-tier model. Italy introduced the two-tier model as an optional model in addition to the traditional model. China is learning from the world’s experience and establishing its own two-tier corporate structure based on its own conditions. As Buck and Shahrim (2005) mentioned, cultural traditions, historical development paths and models, the overall development level and maturity of the market economy, social legal awareness, and the improvement of the rule of law influence the corporate governance structure that the country chooses to adopt

2002 ◽  
Vol 15 (4) ◽  
pp. 277-297 ◽  
Author(s):  
Paolo Gubitta ◽  
Martina Gianecchini

This article presents an empirical study that uses a sample of 83 small and medium-size enterprises (SMEs) based in Northeast Italy. The study analyzes the impact of nonfamily management on the corporate governance structure. We employ an original framework, based on the New Theory of Property Rights, to analyze corporate governance models in SMEs. Moreover, this article offers a definition of flexibility of the corporate governance model. We also analyze the correspondence between corporate governance systems and organizational structures.


2014 ◽  
Vol 14 (4) ◽  
pp. 504-514 ◽  
Author(s):  
Hisham Yaacob ◽  
Jefri Basiuni

Purpose – The purpose of this study is to examine a state-owned enterprise corporate governance model in an Asian emerging market. Corporate governance has attracted much attention and is still a hot topic among shareholders, directors and company regulators. Failure of large corporations in the past decades not only affected the shareholders and investors, rather it adversely affects all the stakeholders. Good corporate governance practices are argued to curb company’s failures due to fraudulent activities, collusion schemes and mismanagement. Design/methodology/approach – The study took the qualitative approach. It utilized case study method. The company is designated as Company R, as the study is not allowed to reveal the company’s real name. Findings – The study found that the corporate governance structure of the board is of unitary or one-tier board, which is common in the Anglo-American settings. The board members are selected and appointed by the government. They are chosen from highly capable and trustworthy government officers to represent and safeguard the government’s interest in the company. As for the ownership structure, it is a typical company with the other Asian state-owned enterprises where the state has full ownership and control of the company. Originality/value – The study fills the gap in the corporate governance model literature, especially in the context of Asian emerging economies’ state-owned companies. Furthermore, the authors believe that this study is among the first to examine the corporate governance model in this country. It shed lights on the corporate governance model in terms of governance structure, the ownership and shareholders’ right, roles of the board, regulatory framework and control mechanism and, finally, disclosure and transparency.


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.


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.


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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