Die Corporate Governance der Bankaktiengesellschaft

The regulation of banks' internal corporate governance is characterized by an interplay between banking supervisory law and corporate law. This book examines the resulting special corporate law of banks from a legal-doctrinal and functional-economic perspective. First, the economic specifics of the corporate governance of banks are examined. Then, the current legal framework is analysed and the corporate objective of banks – as a guiding principle for directors’ duties – is determined. Finally, the special corporate law of banks is subjected to a functional analysis against the backdrop of the regulatory objectives – risk prevention in the public interest – and corresponding reform proposals are made.

Study on Capital Structure: Evidence from Selected Pharmaceutical Companies in India

There is a significant relationship between efficient capital structure and growth of an organization. Capital structure what is the result of different components which included in forming capital of inorganization. Usually, organization mobilize the capital into shares and debentures. Combinations of these components are known as capital structure. But there should be an efficient policy in establishing Capitals of an organization. Otherwise which leads disturbance to cash flow and liquidity of an organization in the future and also it leads to bankruptcy. The Capital Structure of selected pharmaceutical companies are considered in this analysis, which supports to augment the efficiency of an organisation. The manufacturing industry is a significant contributor to GDP growth this industry is major contributor. The period of the study has been significant in the growth and performance of the manufacturing sector due to liberalisation and globalisation. To achieve the corporate objective of maximization of wealth of shareholders, every industry should maintain sufficient profit. The result of the study will definitely help companies, their policymakers, lending Institutions Government and Academies to evaluate the performance and growth of an organisation.

Modernising corporate objective debate towards a hybrid model

In the light of the increasing significance and vivid dynamism of corporate governance practices, a vast amount of literature has been dedicated to the development of modes of corporate governance. This subject deals with the rights and responsibilities of boards of directors, their shareholders and stakeholders, and the balancing of their individual interests with the economic goals of the organisation as well as the interests of society as a whole. A fundamental topic lies at the heart of corporate governance regimes: whose interests should corporations be serving? This article rethinks the shareholder and stakeholder theory debate, treating it as a contemporary topic worth reconsidering in the context of the current climate of corporate scandals and financial crisis. Learning from experience, the article offers some guidance on how to establish an efficient corporate governance model by adopting hybrid model principles for higher investor confidence, bettercorporation shape, more active involvement from shareholders and stakeholders and more considerations of the views and interests of stakeholder groups. Thus, this paper provides some thoughts on corporate objectives in the convergent corporate governance model in order to formulate a hybrid model mechanism and provide some guidance for directors in the carrying out of their function.

The Sustainable Corporate Objective: Rethinking Directors’ Duties

Traditionally, the purpose of directors’ duties within company law is to ensure that the powers of management given to directors are properly exercised. For instance, instead of using their managerial powers to further their personal interests or for some collateral purpose, directors are under a duty to take decisions which they think will further the company’s interests. In most EU jurisdictions, determining what acting in the company’s interest means is not mandated by law, but is rather left to the subjective business judgement of directors. The discretion allowed by this duty has allowed for, influenced in part by a law and economics approach to company law, the shareholder value norm to become entrenched. This paper argues that the law of directors’ duties should evolve to provide specific guidelines to directors on the question of the corporate objective. It supports existing arguments for a reform of EU company law to include a new duty requiring directors to ensure sustainable value creation. The paper argues that any such duty should be framed objectively and be enforced through public mechanisms rather than a reliance on private actors.

Corporations as Sempiternal Legal Persons

This chapter considers the corporation as a time machine, providing intergenerational equity, and intergenerational efficiency. That is, the corporation can be understood as a legal innovation that historically has functioned as a means of transferring wealth forward and sometimes backward through time, for the benefit of present and future generations. In this fashion the board-controlled corporation promotes both intergenerational equity and intergenerational efficiency. Logic and evidence each suggest, however, that the modern embrace of “shareholder value” as the only corporate objective and “shareholder democracy” as the ideal of corporate governance is damaging the corporate form’s ability to serve this economically and ethically important function.

KAJIAN KESIAPAN SDM LOGISTIK MENGHADAPI ERA MEA

Asean Economic Community (AEC) implemented in 2015 is an effort to increase economic growth in Southeast Asia. Logistics is one of the priority integration sectors in the AEC. In the logistics service sector, as a maritime country, Indonesia consists of thousands of islands which are inseparable unity. This condition makes Indonesia as a country that has import port transportation on front line and inter island transportation. In facing the , Indonesia is required to build an integrated National Logistics System (Sislognas).According to the Logistics Performance Index of World Bank 2010 Indonesia was ranked 75 out of 183 countries. Logistic system in Indonesia still need better handling, besides settling vision problem and mission which not yet integrated. In addition to infrastructure, vision and mission to support the improvement of business competitiveness in Indonesia is also not well integrated and coordinated. The system can be realized if supported by human resources who have logistics knowledge. Lack of human resources in the field of logistics more due to two factors, namely quality and speed. With the implementation of AEC, the government and business people must be ready and face it by preparing business strategy, especially improving human resources in logistics so that Indonesia can compete in this era.Management professionalism, information systems, culture, functional strategies must run simultaneously to achieve a corporate objective. In facing the challenges of globalization of companies or businesses, government and academia need to develop national workforce such as improving the quality of curriculum, as well as effective training to support and improve the quality and motivation of human resources.