Corporate Governance As A Limited Legal Concept

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Corporate Governance as a Limited Legal Concept

Author : Cornelis de Groot
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041128735
Total Pages : 240 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Corporate Governance as a Limited Legal Concept by : Cornelis de Groot

Download or read book Corporate Governance as a Limited Legal Concept written by Cornelis de Groot and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of corporate governance has come under intense public scrutiny in recent years. Business people everywhere are asking: What exactly does andgoodand corporate governance entail? Which aspects of it are legally binding, and in what ways is it merely a set of expectations on how corporations should be organized ideally? Nowhere are these important questions answered more precisely - nowhere are the lines more clearly drawn - than in the insightful synthesis of statutory law, case law, and organizational theory presented in this book. Recognizing that the concept of andgoodand corporate governance is not dramatically different from one jurisdiction to another but represents an international phenomenon that has to a reasonable extent the same characteristics everywhere, the author proceeds, with detailed analysis, through a series of issues that (he shows) make up the brunt of corporate governance. Each of these issues in turn gives rise to such specific problem areas as the following: board compensation and executive compensation; unitary and dual board structures; monitoring management; legal parameters of andmismanagementand; the andsupervisory gapand; audit, selection and appointment and remuneration committees; director tenure and retirement policy; risk management and risk reporting; corporate safety culture; conflicts of interest; whistleblower arrangements; aims of the regulation of public takeover bids; and defensive tactics in case of a hostile public takeover bid. These problems - and many others - are examined in the light of corporate governance codes and guidelines and of reports and judgments that deal with specific instances where investigators or courts were asked to analyze corporate governance issues in concrete cases. Each of the ten chapters includes in-depth analysis of such cases. A special feature of the book is a set of model corporate governance guidelines based on US corporate practice. Corporate Governance as a Limited Legal Concept is remarkable for its very thorough characterization and definition of corporate governance as a legal concept, as a code of conduct, and as an organizational structure. The authorands clearly reasoned analysis of the legal limits of corporate governance will be of great interest and practical value to business people and their counsel in any jurisdiction.

Comparative Corporate Governance

Author : Véronique Magnier
Publisher : Edward Elgar Publishing
ISBN 13 : 1784713562
Total Pages : 224 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Comparative Corporate Governance by : Véronique Magnier

Download or read book Comparative Corporate Governance written by Véronique Magnier and published by Edward Elgar Publishing. This book was released on 2017-08-25 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Corporate Governance considers the effects of globalization on corporate governance issues and highlights how, despite these widespread consequences, predictions of legal convergence have not come true. By adopting a comparative legal approach, this book explores the disparity between convergence attempts and the persistence of local models of governance in the US, Europe and Asia.

The Nature of Corporate Governance

Author : Janet Dine
Publisher : Edward Elgar Publishing
ISBN 13 : 1781006121
Total Pages : 388 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis The Nature of Corporate Governance by : Janet Dine

Download or read book The Nature of Corporate Governance written by Janet Dine and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a thoughtful inquiry into the nature and rationale of corporate governance. The authors address fundamental questions including; What is the balance between ownership and control?; For whose interests should the company be run?; What is the institutional balance between shareholders, directors and other potential stakeholders, including the economy? Professor Dine and Dr Koutsias consider how these issues are dealt with by the jurisprudence of three major and greatly influential jurisdictions; the USA, the UK, and Germany, and also reflect on why and how the current corporate governance context in some states is defined by social, political and historical developments. The authors argue that corporate governance is crucial for the identity of each country. What is revealed in the work is that when national corporate governance is thriving it allows space for democracy to flourish. Corporate governance scholars, policy makers, LLM and LLB students of company law and corporate governance, NGOs involving issues of inequality, poverty and democracy will find this important book an insightful resource.

Corporate Governance and Directors' Liabilities

Author : Klaus J. Hopt
Publisher : Walter de Gruyter
ISBN 13 : 3110871114
Total Pages : 476 pages
Book Rating : 4.1/5 (18 download)

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Book Synopsis Corporate Governance and Directors' Liabilities by : Klaus J. Hopt

Download or read book Corporate Governance and Directors' Liabilities written by Klaus J. Hopt and published by Walter de Gruyter. This book was released on 2012-08-28 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Rule of Law, Economic Development, and Corporate Governance

Author : Nadia E. Nedzel
Publisher : Edward Elgar Publishing
ISBN 13 : 1789900735
Total Pages : 264 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis The Rule of Law, Economic Development, and Corporate Governance by : Nadia E. Nedzel

Download or read book The Rule of Law, Economic Development, and Corporate Governance written by Nadia E. Nedzel and published by Edward Elgar Publishing. This book was released on 2020-08-28 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Grounded in history and written by a law professor, this book is a scholarly yet jargon-free explanation of the differences between the common and civil law concepts of the rule of law, and details how they developed out of two different cultural views of the relationships between law, individuals, and government. The author shows how those differences lead to differences in economic development, entrepreneurship, and corporate governance.

Reframing Corporate Governance

Author : Javier Reyes
Publisher : Edward Elgar Publishing
ISBN 13 : 1785361058
Total Pages : 256 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Reframing Corporate Governance by : Javier Reyes

Download or read book Reframing Corporate Governance written by Javier Reyes and published by Edward Elgar Publishing. This book was released on 2018-11-29 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This stimulating book offers an astute analysis of corporate governance from both a historical and a philosophical point of view. Exploring how the modern corporation developed, from Ancient Rome and the Middle Ages up to the present day, Javier Reyes identifies the strengths and weaknesses of the mainstream theory of the firm as put forward by the law and economics school of thought.

Shareholder Primacy and Corporate Governance

Author : Shuangge Wen
Publisher : Routledge
ISBN 13 : 1136019847
Total Pages : 272 pages
Book Rating : 4.1/5 (36 download)

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Book Synopsis Shareholder Primacy and Corporate Governance by : Shuangge Wen

Download or read book Shareholder Primacy and Corporate Governance written by Shuangge Wen and published by Routledge. This book was released on 2013-10-08 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rising defaults in the financial market in 2007, the current widespread economic recession and debt crisis have added impetus to existing doubts about companies’ governance, and cast new light on future trends in shareholder-oriented corporate practice. Taking account of these developments in the field and realising the current need for changes in governance, this book offers a thorough exploration of the origins, recent changes and future development of the corporate objective—shareholder primacy. Legal and theoretical aspects are examined so as to provide a comprehensive and critical account of the practices reflecting shareholder primacy in the UK. In the wake of the financial crisis, this book investigates the direction of future policy, with particular attention to changes in governing rules and regulations and their implications for preserving the objective of shareholder primacy. It examines current UK and EU reform proposals calling for long-term and socially-responsible corporate performance, and the potential friction between proposed legal changes and commercial practices. This book will be useful to researchers and students of company law, and business and management studies.

LAW AND PRACTICE OF CORPORATE GOVERNANCE.

Author :
Publisher :
ISBN 13 : 9780409348927
Total Pages : pages
Book Rating : 4.3/5 (489 download)

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Book Synopsis LAW AND PRACTICE OF CORPORATE GOVERNANCE. by :

Download or read book LAW AND PRACTICE OF CORPORATE GOVERNANCE. written by and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Corporate Objective

Author : Andrew R. Keay
Publisher : Edward Elgar Publishing
ISBN 13 : 0857933124
Total Pages : 361 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis The Corporate Objective by : Andrew R. Keay

Download or read book The Corporate Objective written by Andrew R. Keay and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This is legal scholarship of the finest kind, concerned with an issue of supreme political, economic and social importance. Professor Keay takes the debate on the object of the modern public corporation by the scruff of its neck and skilfully navigates between the Scylla and Charybdis of the shareholder/stakeholder debate. This book, characterised by admirable analytical clarity and a huge amount of research, faithfully summarises the debate hitherto, and propels us to the next stage with a powerful argument, which challenges, effectively, both the stakeholder and shareholder theories.' – Harry Rajak, University of Sussex School of Law, UK The Corporate Objective addresses a question that has been subject to much debate: what should be the objective of public corporations? It examines the two dominant theories that address this issue, the shareholder primacy and stakeholder theories, and finds that both have serious shortcomings. The book goes on to develop a new theory, called the Entity Maximisation and Sustainability Model. Under this model, directors are to endeavour to increase the overall long-run market value of the corporation as an entity. At the same time as maximising wealth, directors have to ensure that the corporation survives and is able to stay afloat and pursue the development of the corporation's position. Andrew Keay seeks to explain and justify the model and discusses how the model is enforced, how investors fit into the model, how directors are to act and how profits are to be allocated. Analysing in depth the existing theories which seek to explain the corporate objective, this book will appeal to academics in corporate law and corporate governance as well as law, finance, business ethics, organisational behaviour, management, economics, accounting and sociology. Postgraduate students in corporate law and corporate governance, directors, and government regulators will also find much to interest them in this study.

Corporate Governance

Author : Sankatha Singh
Publisher : Excel Books India
ISBN 13 : 9788174464170
Total Pages : 556 pages
Book Rating : 4.4/5 (641 download)

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Book Synopsis Corporate Governance by : Sankatha Singh

Download or read book Corporate Governance written by Sankatha Singh and published by Excel Books India. This book was released on 2005 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject Corporate Governance:Global Concepts and Practices has occupied centre- stage, particularly since the early 1990s in U.K., USA, rest of Europe, Canada, Japan, India and many other developing countries of the world. The present volume is essentially a comprehensive textbook, focusing on both concepts and corporate governance practices. Even before the Enron collapse and several other kingsize scandals, there has been a steadily mounting volume of complaints regarding the dismal state of governance in most large corporates across the globe, mostly relating to accounting irregularities and top dressing of financial results, almost universally perpetrated at the behest of the Company Chairman & CEO himself. Keeping the above ground realities in view, the present volume is intended to be a standard reference as well as textbook on the varied facets of corporate governance. The book has six distinct parts, containing in all as many as twenty-eight interrelated chapters.The first part deals with subjects like business environment, business ethics and social responsibilities, management of a firm, etc., while the second part is concerned with the theory of firm, its objectives, accounting standards and creative accounting practices. Part Three of the book dwells at length on the working of the company board, board committees, need for whistle blowing, corporate governance rating and need for separation of the positions of Chairman and CEO. Part Four presents summary recommendations of five Indian Committees on corporate governance in chronological order. These are (i) CII Committee (1998), (ii) Ist SEBI Committee (1999), (iii) Ganguly Committee-RBI (2002); (iv) Naresh Chandra Committee (2002) and (v) 2nd SEBI Committee (2003). Part Five contains six chapters comprising as many live cases on accounting scams. The sixth part of the book contains governance reports of three world class companies from India, viz., Infosys Technologies Ltd., Wipro, and Reliance Industries Ltd.

The Governance of Corporate Groups

Author : Janet Dine
Publisher : Cambridge University Press
ISBN 13 : 052166070X
Total Pages : 232 pages
Book Rating : 4.5/5 (216 download)

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Book Synopsis The Governance of Corporate Groups by : Janet Dine

Download or read book The Governance of Corporate Groups written by Janet Dine and published by Cambridge University Press. This book was released on 2000-06-05 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting from a discussion of the theoretical underpinning of the place companies occupy in society, this book explores the consequences of adherence to free market contractualist theory, including the lack of regulatory control of a sufficiently robust nature. Professor Dine comments on the absence of a concept of governance of groups from a comparative perspective and considers the consequences of this absence for the conflict of laws. In particular, she highlights the tragic consequences of globalization by transnationals including polarization of income and environmental damage, and suggests a possible legal framework to prevent future damages.

Corporate Business Responsibility

Author : Justin O'Brien
Publisher : Routledge
ISBN 13 : 135194861X
Total Pages : 600 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Corporate Business Responsibility by : Justin O'Brien

Download or read book Corporate Business Responsibility written by Justin O'Brien and published by Routledge. This book was released on 2017-03-02 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2008/9 crisis in global commercial debt markets exposed glaring deficiencies in corporate and regulatory operational and strategic risk management systems. This collection provides an overview of how narrow conceptions of responsibility in corporate law, organizational practice and regulatory dynamics facilitated the crisis. The first section revisits the debates about the role of the corporation prompted by the publication of The Modern Corporation and Private Property (1932). The second section explores why the conception of enlightened shareholder interest gained and retained potency despite demonstrable failure. The third section explores how the interaction between the foundational assumptions of corporate law and the (questionable) efficacy of shareholder control framed regulatory responses to the growth of financial capitalism. The fourth section examines ways in which excess can be restrained by the interaction between hard law, softer governance arrangements such as principles and, crucially, norms.

Comparative Corporate Governance

Author : Afra Afsharipour
Publisher : Edward Elgar Publishing
ISBN 13 : 1788975332
Total Pages : 544 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Comparative Corporate Governance by : Afra Afsharipour

Download or read book Comparative Corporate Governance written by Afra Afsharipour and published by Edward Elgar Publishing. This book was released on 2021-06-25 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research handbook provides a state-of-the-art perspective on how corporate governance differs between countries around the world. It covers highly topical issues including corporate purpose, corporate social responsibility and shareholder activism.

Understanding Corporate Law

Author : Arthur R. Pinto
Publisher : LexisNexis/Matthew Bender
ISBN 13 :
Total Pages : 502 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Understanding Corporate Law by : Arthur R. Pinto

Download or read book Understanding Corporate Law written by Arthur R. Pinto and published by LexisNexis/Matthew Bender. This book was released on 1999 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is designed to assist students with clear & comprehensive treatment of key concepts in corporate law. Significant business, economic, & policy issues are highlighted in connection with a thorough analysis of the important cases & statutory provisions used in the study of corporations. It includes the major theoretical approaches used in current corporate law literature. In each chapter, the authors identify important policies & discuss the relationship of the law as it has developed to those policies. Statutory issues are covered under both the General Corporation Law of the State of Delaware & the Revised Model Business Corporation Act. This book is designed to be used with all of the major corporate law casebooks. Published in 1998.

Corporate Governance and Corporate Social Responsibility: How to Tackle Environmental Imperatives in Company Law?

Author : Christophe George
Publisher : Stämpfli Verlag
ISBN 13 : 3727249846
Total Pages : 954 pages
Book Rating : 4.7/5 (272 download)

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Book Synopsis Corporate Governance and Corporate Social Responsibility: How to Tackle Environmental Imperatives in Company Law? by : Christophe George

Download or read book Corporate Governance and Corporate Social Responsibility: How to Tackle Environmental Imperatives in Company Law? written by Christophe George and published by Stämpfli Verlag. This book was released on 2023-10-04 with total page 954 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book first discusses the concepts of corporate governance and corporate social responsibility (CSR) and provides a new framework to deal with these issues in the context of sustainability. It then explores the requirements of "an end state of global sustainability" and subsequently moves to a detailed analysis of the current governance regime, delving into the CSR-related liabilities and incentives at stake for both corporations and their directors. It concludes with a framework suggesting that there are four normative avenues for addressing environmental and social imperatives in company law, which helps reflect on how to tackle the "potentiality for a sustainability gap" in corporate governance and CSR. The author always discusses practical realities and incentives, at both the policy and corporate levels, in addition to theoretical aspects. The thesis on which this book is based received the distinction "Summa Cum Laude" and the 2023 Law Faculty Prize from the University of Lausanne. Dr Christophe George is a Research Associate at the Centre for Business Research in the University of Cambridge. He holds a PhD in Company Law and Management from the University of Lausanne, a Master of Law (LLM) from the University of Cambridge, a Master in Management from Harvard University, and a Master in Law and Economics from HEC Lausanne.

The Law and Practice of Corporate Governance, 2nd Edition

Author : R Grantham
Publisher :
ISBN 13 : 9780409355956
Total Pages : 0 pages
Book Rating : 4.3/5 (559 download)

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Book Synopsis The Law and Practice of Corporate Governance, 2nd Edition by : R Grantham

Download or read book The Law and Practice of Corporate Governance, 2nd Edition written by R Grantham and published by . This book was released on 2022-10-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of the company as a significant source of economic and social power, and egregious abuses by companies of that power, have seen the emergence of corporate governance as one of the most pressing and widely debated issues of the 21st century. This book identifies and analyses the core issues facing corporate governance: the legal and economic nature of the company and limited liability, the role and composition of the board of directors, the legal, regulatory, and market-based mechanisms by which the exercise of corporate power is controlled, and the changing regulatory environment within which companies operate. This analysis locates these issues within the deeper policy and theoretical debates that inform and shape modern corporate governance law and practice. In drawing together the insights and learning on corporate behaviour and governance from the fields of law, economics, finance, regulatory theory, sociology, as well as industry practice, this book provides a sophisticated and principled, yet readily accessible, account of the core issues, concepts, practices, and strategies that together constitute and define the field of corporate governance in Australia. It is essential reading for practitioners, corporate counsel and other company officers, and a clear and authoritative resource for students and anyone wishing to understand the importance of governance law and practice in the context of modern society. Features * an accessible, focused, and principled account of Australian corporate governance * provides conceptual framework * identifies key governance challenges and responses * discusses policy and theoretical considerations * a comprehensive treatment of the central issues * facilitates undestanding and analysis of the issues Related Titles * Ian Ramsay, Company Directors: Principles of Law and Corporate Governance, 2nd edition * Pamela Hanrahan and John Farrar Corporate Governance

Corporate Governance & Corporate Control

Author : Saleem Sheikh
Publisher : Routledge
ISBN 13 : 1874241481
Total Pages : 444 pages
Book Rating : 4.8/5 (742 download)

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Book Synopsis Corporate Governance & Corporate Control by : Saleem Sheikh

Download or read book Corporate Governance & Corporate Control written by Saleem Sheikh and published by Routledge. This book was released on 1995 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text critically considers the relationship between directors, shareholders and auditors in the corporate governance system. Traditionally, company law has been primarily based on this tripartite relationship. This book comprises a series of contributions from authors who argue that there are wider interests which British company law has largely ignored. These include the interests of creditors, employees, consumers, suppliers and the general public. The concept of corporate governance is examined with comparative references to the USA and Canada. Particular reference is made to the Cadbury Committee and its implications for future company law reform. The ethical and sociological dimensions of corporate governance are also discussed.