A two-phase approach to efficiently support product recovery systems in a circular economy context

PurposeThe execution of product recovery strategies and the definition of an adequate system to manage its performance are crucial to move toward the employment of a successful circular economy (CE) concept. Defining strategies for the efficient management of product recovery requires product data that is difficult to obtain, making it harder to handle. However, efficient product recovery management can play a key role in shifting companies from a linear economy model to a more sustainable CE model, providing economic benefits and increasing customer satisfaction by recovering and adding value to the discarded product. Therefore, this study aims to provide better models to support decision-making and to evaluate product recovery performance.Design/methodology/approachThe present study highlights a comprehensive two-stage decision approach to identify and examine the relevant key performance indicators (KPIs) for performance improvement of an information facilitated product recovery system (IFPRS) in a CE context. In the first phase, a structural equation modeling (SEM) methodology is adopted to categorize the KPIs by employing exploratory factor analysis and measurement of the model fit is obtained using the confirmatory factor analysis. Further, in the second phase, the KPIs are ranked and prioritized on the basis of expert’s recommendations adopting fuzzy-technique for order of preference by similarity to ideal solution (FTOPSIS).FindingsEmpirical investigation is conducted by compiling data from an association of six decision-makers (DMs) and two DMs from a respective prospect. The results highlight that “Technology Capacity” is ranked as the highest and is the most prominent KPI for successful employment of IFPRS practices. The results of the study would benefit policy makers and company directors in the selection of KPIs based on their importance in a context of high competition and greater pressure to adopt sustainable practices in the management of their companies.Originality/valueAs far as the authors know, no study has been performed till date to identify and construct a structural KPIs model for IFPRS performance improvement in the context of CE. The paper, therefore, proposes a two-phase SEM-TOPSIS technique to measure the impact of KPIs which is a new integration in the existing literature. The results of the study would benefit policy makers and company directors in the selection of KPIs based on their importance in a context of high competition and greater pressure to adopt sustainable practices in managing their organizations.

The Civil Liability of the Director of a One-person Company in the Saudi System and Jordanian Law

This study aims to identify the civil liability of One-person company directors in both the Saudi and Jordanian laws and the related legal articles, to demonstrate the civil liability of One person company directors and when does it apply, and to shed light on the types of directors in One-Person Company in both Saudi Arabia and Jordan, and their obligations; also, the powers of the director and co-director and their limitations .The researcher used the analytical, inductive, and comparative methods by which several findings were achieved. The most important of which are: the Saudi government did not create any exclusive legal regulations for one-person companies as it is the case for other companies. Also, the basis of civil liability is the existence of harm, and the civil liability of one-person company director requires him to compensate for the damage caused by the breach of the obligations.

The Effect of Fraud Pentagon on Fraudulent Financial Statement of Banking in Indonesia

This study aims to determine the effect of financial targets, financial stability, external pressure, effective monitoring, nature of industry, change in auditors, rationalization, change of company directors, CEO’s Picture on fraudulent banking financial statements in Indonesia for 2014-2019. This study uses the dependent variable, namely fraudulent financial reporting, while the independent variables are financial targets, financial stability, external pressure, effective monitoring, nature of industry, change in auditors, rationalization, competence and arrogance. The show that the variable financial targets, change in auditors, change of directors and CEO’s picture have no effect on the detection of fraudulent financial statements. Meanwhile, financial stability, external pressure, ineffective monitoring, nature of industry, and rationalization have an effect on the detection of fraud in financial reports for 2014-2019. The results of this study provide an understanding for the public and the general public that the government’s efforts so far have always played a major role in maintaining the condition of the Indonesian economy in order to avoid attempts to cheat financial statements.

Dismantling obstacles impeding better governance in companies: Affirming the expansion of the interpretation of "shareholder and director" under section 163 of the 2008 Act

Impediments to corporate accountability have over the recent years manifested in diverse forms. What took place in Peel v Hamon J&C Engineering (Pty) Ltd is a case in point. The aim of this article is in two forms. First, from the commentaries and cases consulted, it is clear that the character of who must qualify in terms of the section 163 criterion is not settled. Moreover, this can be gleaned from the criticisms against Moshidi J's judgment in Peel for having extended/expanded the section 163 remedy to afford relief to shareholders and directors whom the legislature may not have contemplated to cover under the relief. The aim here is to argue in support of this expansion as promoting accountability. Secondly, it is to make some comments on the criterion that it is only a shareholder and a director who are accorded locus standi to invoke the remedy. From the discussion, the paper makes numerous commendable observations. First, the complaint raised in Peel was not an abuse of process; it was a genuine complaint/application seeking to address genuine and novel issues which often arise between the parties in company law. Second, Moshidi J's judgment demonstrates evolution/progress for its contextual approach to the section 163 remedy's interpretation. The judgment heralds/foreshadows colossal principles/practices within company law aimed at balancing stakeholder interests. Third, the judgment potently disentangles hurdles which normally impede accountability by company directors. Lastly, the paper recommends that other stakeholders be considered for relief under the remedy.

Social Inclusion and Exclusion of Women Directors in Malaysia

Modern society is currently experiencing strong influences in the 21st-century that are shaping culture, structure and various institutional features. Although modern rational value systems supersede traditional ones, some traditional and modern values still coexist. The blurring of the modern-traditional values dichotomy is the result, even now in the Malaysian corporate world, shaping corporate and economic behaviour and practices. The social inclusion and exclusion of women in board directorship are influenced by traditional values as much as modern values, hence challenging male board dominance. Based on a qualitative research methodology, this paper discusses some empirical findings. Semi-structured interviews with 17 male and female directors from public-listed (PLCs) and private companies in Malaysia found the coexistence of traditional and modern values and related aspects that have enabled women to get appointed, empowered, and sustain their appointment on the PLCs boards. Modern values like rationality, efficiency, meritocracy, professionalism, and individuality coexist with traditional personalism, trust, loyalty and patriarchy (notably male status quo dominance). These values are portrayed through hard and soft skills, technical and practical business knowledge, some personality traits and professional business and work experiences. This social inclusion and exclusion aspects will drive the rise, withdrawal, exit or even avoidance of women as company directors of PLCs in Malaysia. This blurring dichotomy argument may hold for as long as the society subscribes to the coexistence of modern and traditional values systems in modern corporate Malaysia.

Duty to Address Climate Change Litigation Risks for Australian Energy Companies—Policy and Governance Issues

The transition from fossil fuels to renewable energy requires cooperation from all, including corporations, shareholders, and institutional investors. The purpose of this paper is to explore climate change litigation risks for Australian energy companies and investors from a policy and governance perspective. Companies are increasingly reporting their climate policies to satisfy their shareholders and investor demands. In addition, the government and judiciary are making laws and decisions to support the Paris Agreement. This paper explores whether company directors can and, in some cases, should be considering the impact of climate change litigation risks on their business, or else risk breaching their obligation to exercise care and diligence under the Corporation Act 2001 (Cth, Australia). The paper concludes that in addition to reducing climate change litigation risks, Australian energy companies and institutional investment bodies that invest in Australian energy companies can make informed climate risk decisions by aligning their investments with the goal of net-zero or reduced emissions.

A builder's duty of care - When should it apply to the directors and employees of companies involved in the creation of defective buildings?

<p>This thesis considers the issue of when a tortious duty of care to prevent economic loss should be imposed on the company directors and employees who stand behind the complex structure of companies and contracts involved in the creation of a defective building. Set against the background of the leaky building crisis, and what are (it is argued) unfair litigation outcomes, the thesis traverses the emergence and development of the principles that underpin liability for negligence and negligent misstatement in respect of defective buildings. A review of the cases confirms that the concepts of control and general reliance are the basis of New Zealand law in this area. There follows a discussion of the difficult relationship between company law principles and negligence principles, and the role of assumption of responsibility in the law of negligence and negligent misstatement, including a discussion of developments in the leaky building litigation. The thesis advanced is that, in respect of the creation of defective buildings, the approach to the issue of whether to impose a duty of care on company directors and employees would benefit from placing significant weight on the factor of de facto control of the inputs that dictate the outcome of a building project, and on the lower level factor of a direct or indirect financial interest in the outcome of the project. It is argued that the approach to imposing a duty of care should be the same for directors and employees and in respect of statements and actions. In cases where the evidence establishes that the financial interest factor is not present, this should give rise to an inference that the company director or employee does not have control of the inputs that dictate the outcome of the project, so that no duty of care arises. This would enable a director or employee to exit litigation by way of an application for summary judgment. This is intended to discourage the practice of joining minor parties to litigation for the purpose of extracting a precautionary settlement. If control of the inputs that dictate the outcome of a project can be established by inference from the existence of the financial interest factor, or by the other evidence, then the two stage approach to the imposition of a duty of care would require a consideration of other factors that might negate the duty, such as the contractual matrix.</p>

A builder's duty of care - When should it apply to the directors and employees of companies involved in the creation of defective buildings?

<p>This thesis considers the issue of when a tortious duty of care to prevent economic loss should be imposed on the company directors and employees who stand behind the complex structure of companies and contracts involved in the creation of a defective building. Set against the background of the leaky building crisis, and what are (it is argued) unfair litigation outcomes, the thesis traverses the emergence and development of the principles that underpin liability for negligence and negligent misstatement in respect of defective buildings. A review of the cases confirms that the concepts of control and general reliance are the basis of New Zealand law in this area. There follows a discussion of the difficult relationship between company law principles and negligence principles, and the role of assumption of responsibility in the law of negligence and negligent misstatement, including a discussion of developments in the leaky building litigation. The thesis advanced is that, in respect of the creation of defective buildings, the approach to the issue of whether to impose a duty of care on company directors and employees would benefit from placing significant weight on the factor of de facto control of the inputs that dictate the outcome of a building project, and on the lower level factor of a direct or indirect financial interest in the outcome of the project. It is argued that the approach to imposing a duty of care should be the same for directors and employees and in respect of statements and actions. In cases where the evidence establishes that the financial interest factor is not present, this should give rise to an inference that the company director or employee does not have control of the inputs that dictate the outcome of the project, so that no duty of care arises. This would enable a director or employee to exit litigation by way of an application for summary judgment. This is intended to discourage the practice of joining minor parties to litigation for the purpose of extracting a precautionary settlement. If control of the inputs that dictate the outcome of a project can be established by inference from the existence of the financial interest factor, or by the other evidence, then the two stage approach to the imposition of a duty of care would require a consideration of other factors that might negate the duty, such as the contractual matrix.</p>

The Role of the Directors

This chapter describes the role of the directors. The duties of the directors are owed to the company and while the shareholders are the primary indirect beneficiaries of those duties, the law integrates the interests of creditors and also of wider society. The law is primarily focused on ensuring compliance with the Companies Act and the constitution rather than with the enhancement of economic interests. The Company Directors Disqualification Act 1986 serves as a mechanism through which the public interest is integrated into company law, while the UK Corporate Governance Code adds a further procedural dimension to the operation of the board of directors. The chapter then looks at how the idea of designing remuneration in a way that guides the directors to act either for the benefit of the shareholder or for the benefit of the company is flawed and has served as a motor justifying increasing rewards without bringing about commensurate increases in performance. It also analyses the duties of the directors to keep accounting records and to produce financial reports.