An analysis of internal governance and the role of the General Counsel in reducing corporate crime

Author(s):  
Vikramaditya Khanna
1998 ◽  
Vol 2 (2) ◽  
pp. 29-33
Author(s):  
R.P. Singh

The role of public sector undertakings, after India attained independence, as envisaged by political leaders and industrialists in a “mixed economy” was that of providing infrastructure facilities like power, telecom, roads, basic industries, etc. and thereby contribute towards the economic development of the country. The private sector, on the other hand, was to cater to the demand created by the rapid pace of industrialisation. However, liberalisation has led to the Indian economy integrating itself with the world economies, and corporates have to change their mind set. The compulsion for survival in such a scenario has led the Indian corporates to refocus their attention on Corporate Governance. In the case of public sector the issues of corporate governance relate to empowered internal governance, narrowing down multiple accountabilities and restructuring the system of checks and balances. It is in this context that the role and constitution of the Board assumes significance. Boards must be able to function independently and must comprise professionals who have a pragmatic approach. For effective corporate governance it is necessary to institutionalise ethics in the organisation culture.


Author(s):  
Suzanne Zyngier ◽  
Frada Burstein ◽  
Judy McKay

This chapter introduces the theory and model of governance as a means of implementing knowledge management strategies in large organizations. It draws on case study research into the governance of knowledge management strategy implementation in a major scientific research and development facility. It suggests that the implementation of strategy through such a framework operates to ensure the delivery of anticipated benefits in an authorized and regulated manner. Furthermore, the authors hope that an understanding of the theoretical underpinnings of internal governance processes will not only inform researchers of a better design for studying knowledge management systems, but will also assist in the understanding of risks and the role of evaluation and review in the implementation of those strategies.


Author(s):  
E. Norman Veasey ◽  
Christine T. Di Guglielmo
Keyword(s):  

2014 ◽  
Vol 6 (2) ◽  
pp. 239-258
Author(s):  
Xiaoping Zhao ◽  
Zhaonan Zhu

This article reviews literature of the last ten years on the participation of nonprofit organizations (npos) in the economic development of Chinese rural communities. The article starts by illustrating the significant role of npos in the economic development of Chinese rural communities, and summarizing three ways of npos’ participation: mobilizing farmers to establish and join mutual aid organizations; providing farmers with market information services; providing farmers with technological services. The existing literature investigates the positive role of npos in the economic development of Chinese rural communities from three theoretical perspectives: “social capital,” “collective action,” and “community-driven development.” However, in reality, unlike in theory, npos do not always play a positive role. They are faced with challenges in such areas as sound internal governance, professional external services, institutional environment, social cognition and financing environment. These issues are mentioned in some literature, but have not attracted enough theoretical attention. The existing literature is mainly based on theorization, and empirical studies are relatively insufficient.


2020 ◽  
Vol 1 (1) ◽  
pp. 16-23 ◽  
Author(s):  
Steve Tombs ◽  
David Whyte

This article begins by setting out an analysis of the process of conventionalizing corporate crime that arises from the symbiotic relationship between states and corporations. Noting briefly the empirical characteristics of four broad categories of corporate crime and harm, the article then turns to explore the role of the state in its production and reproduction. We then problematize the role of the state in the reproduction of corporate crime at the level of the global economy, through a discussion of the “crimes of globalization” and “ecocide,” warning of the tendency in the research literature to oversimplify the role of states and of international organizations. The article finishes by arguing that, as critical academics, it is our role to ensure that corporate crime is never normalized nor fully conventionalized in advanced capitalist societies.


Author(s):  
Anastasia A. Isaeva ◽  

In this study, the author addresses the problem of the definition and structure of the right to religious autonomy. The object of the study was the content of the two manifestations of this right that the author identified: internal governance and doctrinal autonomy in the practice of the European Court of Human Rights. The aim of this article is to determine the main areas of protection of the right to religious autonomy of religious associations and the positive experience applicable in the Russian Federation. The author describes the role of the right to religious autonomy, which is an integral part of pluralism in a democratic society and, therefore, acts as a center for protection provided by freedom of conscience. The study is based on the theoretical material of the works of both Russian (P.V. Sergeev, Yu.E. Fedotova, M.O. Shakhov) and foreign (M.E. Chopko, M.F. Moses) researchers. The extensive law enforcement practice of the European Court of Human Rights and the regulations of the European Union are also used. The methodological basis of the study is dialectical, comparative legal, formal legal, and other methods. In particular, the use of the dialectical method helped to determine the content of the concept of the right to religious autonomy, to study the dynamics of the legal positions of the European Court of Human Rights regarding a “balanced approach” to protect the autonomy of the internal management of religious associations. The use of comparative legal and formal legal methods helped to identify correlations between the case-law of the European Court of Human Rights and acts adopted within the European Union. The use of the functional method made it possible to investigate the place and role of European institutions and the nature of their governing influence on the provision and protection of the right to religious autonomy to various religious associations, including those representing a religious minority. As a result, the author comes to the conclusion that religious autonomy in its two possible manifestations—internal governance and doctrinal autonomy—directly follows from the content of the powers of freedom of conscience. Both of the manifestations are protected by European regulations although such protection cannot be considered as absolute. On the one hand, the right to religious autonomy is an integral part of the external manifestation of religious beliefs; on the other, its universal protection will jeopardize the protection of the rights of others. Nevertheless, in a situation in which the governing influence of European states is limited and the enforcement practice of the European Court of Human Rights is not entirely consistent, it seems that European institutions are aware of the importance of the right to religious autonomy. Therefore, the authorities resolve problems associated with its implementation pragmatically, trying to balance it with other rights and legitimate interests.


2015 ◽  
Vol 38 (1) ◽  
pp. 39-56 ◽  
Author(s):  
John L. Abernathy ◽  
Thomas R. Kubick ◽  
Adi Masli

ABSTRACT Prior research provides evidence that individual executives have a significant effect on firm-level tax policy. Further research has shown that having a corporate general counsel (GC) in a firm's top management team (top five highest-paid executives) significantly affects a firm's accounting and disclosure practices. In this paper, we examine the role of the GC in corporate tax policy. Specifically, we use the ascension of the corporate GC to top management as the identifying event in which the role and influence of the corporate GC becomes more salient. We find strong evidence that GC ascension to top management is associated with an increase in tax aggressiveness, as evidenced by greater book-tax differences and a higher likelihood of engaging in tax shelter activities. Data Availability: Data are obtained from public sources identified in the paper.


2020 ◽  
Vol 2 (1) ◽  
pp. 17-24
Author(s):  
I Kadek Darma Santosa

The role of corporations today dominates daily life, especially with the increasing needs of the community. It's no longer a country that provides needs, but corporations. Corporations can increase state wealth and labor, but the revolutionary economic and political structure has caused great corporate power, so that the state can be influenced in accordance with its interests. Based on this background, a problem arises namely how the policy of formulation of criminal law enforcement so far for corporations that commit criminal acts as well as how the policy of formulation of criminal law in dealing with corporate criminal acts in the future. The research method used in this study is normative juridical using secondary data. Data collection is done by collecting and analyzing relevant library materials. Furthermore, the data are analyzed in a qualitative normative manner by interpreting and constructing statements contained in documents and legislation. The conclusion of this research is the regulation of sanctions regarding inconsistent corporate criminal acts. Inconsistencies in determining or imposing maximum fines imposed on corporations, there is no uniformity in determining when a corporation can be said to have committed a crime, regarding who can be held accountable or prosecuted and convicted, and the formulation of types of criminal that can be imposed on the corporation that commits criminal act.


2016 ◽  
Vol 42 (3) ◽  
pp. 191-211 ◽  
Author(s):  
Shin-Rong Shiah-Hou

Purpose – What is the role of analysts in reducing agency problems and information asymmetry between stockholders and managers? The purpose of this paper is to confirm the analyst’s role by examining his or her influence on CEO compensation structure. Design/methodology/approach – The major population for this study consists of publicly traded corporations of the S & P 1500 for which data on CEO compensation is available from Standard & Poor’s Execucomp database, along with the proxy statements of these firms. Regression analysis is used to test hypotheses about the effect of analyst coverage on CEO compensation. Findings – The evidence shows that CEOs of firms with greater analyst coverage or higher analyst coverage quality (analyst coverage index) have higher pay-for-performance (Delta), more compensation incentives to increase firm risk (Vega), more total compensation, and more excess compensation. Even after controlling for the effect of other types of corporate governance, including internal governance and institutional holdings, analysts’ activities still have an incremental effect on CEO compensation structure. Practical implications – The authors findings may be useful to investors who use analyst coverage to evaluate the firm’s CEO compensation, as it suggests that investors may reference the information about analyst coverage of firms to craft appropriate CEO compensation structures. Originality/value – The authors results contribute by showing that the extra effect of analyst activities on CEO compensation structure exists, even after controlling for other types of governance mechanisms, such as internal governance and institutional investors’ holdings.


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