Protection of minority shareholders in Hong Kong and China: do culture and institutional design make any difference?

2020 ◽  
Vol 61 (1) ◽  
pp. 53-78
Author(s):  
Wei-Qi Cheng

The corporate governance system in Hong Kong and mainland China was transplanted from Western countries. However, the latest ranking in corporate governance in Asia shows that Hong Kong moved to the top of the 2007 ranking above 11 other Asian countries while China was not even included.2 How can such a huge difference be explained? This article compares and discusses the reasons for the difference in corporate governance in Hong Kong and China. In particular, it focuses on discussing local cultural influences and institutional design on the implementation of the system of protection of minority shareholders in Hong Kong and China.

2016 ◽  
Vol 3 (1) ◽  
pp. 70-111
Author(s):  
Wenjia Yan

As a global popular corporate governance system developed in the us, independent directors were officially adopted by China through ‘Guiding Opinions on the Establishment of Systems of Independent Directors by Listed Companies’ (hereinafter Independent Directors Opinion) in 2001 and through Article 123 of Company Law when it was amended in 2005. The emphasis on minority shareholders’ protection by adopting independent directors in China can be attributed to the global influence of the American corporate governance model, which depends on disinterested directors as independent decision-makers. However, with more than 10 years having passed, independent directors serve as powerless advisers rather than decision-makers in China. Accordingly, this paper aims to ascertain some profound reasons for powerless advisers in China and provide recommendations to address this problem by comparing the role of independent directors in China and the us.


2016 ◽  
Vol 19 (4) ◽  
Author(s):  
Monika Fiedorczuk

The corporate governance system in Russia, having evolved through years, can be characterized by the following features: the dominant role of the concentrated ownership structure, corporate supervision relying on a combination of ownership function and company management, the significant role of the state as the owner, and the fairly marginal relevance of external market mechanisms. Those features result partly from particular legal solutions and partly from the unwritten, informal customs or patterns of behaviour of the so-called informal institutions.The article’s main thrust is to analyse selected informal institutions which were considered the most significant from the Russian corporate governance system point of view. These are, among others: the tendency not to obey the rights of minority shareholders, informal relationships of enterprises with authorities of various levels, and corruption. The author assumes that informal institutions decide upon the specificity of the corporate governance system in Russia and its particular elements, and upon the efficient functioning of supervisory mechanisms.


2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 306-313
Author(s):  
Elena G. Petrenko ◽  
Nurgun V. Afanasev ◽  
Victoria V. Alexandrova ◽  
Diana I. Stepanova ◽  
Sergey V. Potapenko ◽  
...  

Joint-stock companies in Russia are the most important and most complex type of commercial corporate organizations that are of strategic importance for the preservation and development of the Russian economy. At the same time, the civil legislation governing the organization and activities of joint-stock companies in the Russian Federation is developing dynamically, which requires a detailed analysis of the current state and development prospects of the corporate governance system in joint-stock companies. The work investigates the most important problems arising in the process of organizing and functioning of the corporate governance system in Russia, and also developed proposals for their resolution, including by introducing amendments and additions to the current legislation on joint-stock companies. These changes will make it possible not only to optimize the corporate governance system in Russian joint-stock companies, but also to protect the rights and legitimate interests of shareholders - owners of ordinary shares (primarily minority shareholders), government and local authorities, investors, etc.


2021 ◽  
Vol 2 (4) ◽  
pp. 198-205
Author(s):  
Vladimir Vladimirovich Filatov ◽  
Marina Vladimirovna Buzulutskaya ◽  
Alexander Vladimirovich Olimpiev ◽  
Sergey Alexandrovich Tikhachev

2016 ◽  
Vol 39 (11) ◽  
pp. 1431-1446 ◽  
Author(s):  
Namporn Thanetsunthorn ◽  
Rattaphon Wuthisatian

Purpose The purpose of this study is to explore the current state of corporate governance in various aspects of business settings and to empirically examine the impact of national culture on corporate governance performance, with a view of supporting business corporations in further enhancing the effectiveness of their corporate governance system. Design/methodology/approach A pooled sample of 9,003 companies drawn from 50 countries across ten different regions is collected. A variety of statistical methods, including the paired sample t-test, the ordinary least squares regression and the Pearson product-moment correlation coefficient are implemented to analyze the current state of corporate governance. To empirically investigate the causal relationship between national culture and corporate governance, the multivariate regression analysis is also applied. Findings This study proposes a broad set of the empirical findings regarding the current state of corporate governance. Despite being accepted as a prerequisite building block for sustainable corporate social responsibility (CSR), corporate governance is still receiving far less attention among business corporations. The governance framework is widely adopted by business corporations, yet the intensity of implementing corporate governance is significantly different across regions. The variation of the intensity observed across regions can be explained by the national cultural characteristics that are all likely to impact the degree to which corporations act in corporate governance manners. Corporate governance performance is strongly related to three other aspects of socially responsible corporate performance – community, employee and environment. Research limitations/implications This study provides both the motivation and a starting point for further investigation in the milieu of corporate governance. It would be interesting for future research to further explore the extent to which corporate governance has a positive indirect impact on a firm’s financial performance. There is potential to provide a more comprehensive analysis of the interaction effect of national culture and geographic region on corporate governance performance of the corporations embedded in that region through a statistical interaction method. In addition, it may be interesting to integrate corporate financial performance (CFP) into the analysis to identify a specific type/practice of the corporate governance that could provide the highest return on the investment. Last, another interesting avenue for future research would be to explore the ethical mechanisms that have been institutionalized to promote corporate governance practices. Practical implications The present study is beneficial to both business corporations and policy makers. In essence, the study can potentially draw managers’ attention to applying modified corporate governance strategies according to their national culture. Furthermore, the study can alter business corporations to promote a strong corporate governance regime in chorus to CSR strategies so as to promote CSR development, which ultimately results in higher levels of competitiveness and CFP. In addition, policy makers who are responsible for inward foreign investment can use the findings of this study to evaluate the investors’ potential governance adoption. Originality/value The findings of this study are useful in encouraging the business corporations to further strengthen their corporate governance system. This study helps to fill the theoretical void regarding the cultural impact on corporate governance by exploring a broad set of national cultural characteristics under which good corporate governance is more or less likely to occur.


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