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Reconceptualising Corporate Compliance
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Book Synopsis Reconceptualising Corporate Compliance by : Anna Donovan
Download or read book Reconceptualising Corporate Compliance written by Anna Donovan and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive examination of the issues surrounding corporate compliance. Should corporations comply with the spirit or the letter of the law? What role does compliance play in a capitalist market economy? Why is it that otherwise law-abiding citizens are willing to implement corporate compliance strategies that are seemingly at odds with their personal values? Dr Donovan responds to these questions and more, providing a persuasive argument for the legitimate role of spirited compliance within a market economy. In doing so, she employs the lens of classical liberal ideology, challenging the widespread view that technical compliance is simply 'capitalism.' In an examination that has relevance beyond the compliance arena, the author also explores how the architecture of the firm facilitates the often atypical compliance decisions that individuals make when acting within a corporate setting. The book draws on social psychology to offer important insights into how the often-elusive goal of corporate behavioural change can be achieved, for the benefit of both the market and society as a whole.
Book Synopsis Reconceptualising Corporate Compliance by : Anna H. L. P. Donovan
Download or read book Reconceptualising Corporate Compliance written by Anna H. L. P. Donovan and published by Hart Publishing. This book was released on 2020 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book offers a comprehensive examination of the issues surrounding corporate compliance. Corporate compliance standards are often the subject of significant public debate. Recent media scrutiny of the tax strategies of complex multinationals revealed that, notwithstanding prior scandals such as Enron, Worldcom and Parmalat, corporations continue to adopt compliance practices that, whilst technically legal, fundamentally undermine the intention (or spirit) of the law. However, the question of corporate compliance is not simply a matter of fiscal policy but goes to the core of our understanding of corporate responsibility within society. As we enter the fourth industrial revolution, and as we continue to bear witness, these matters remain of fundamental and pressing importance. Yet why is it that technical compliance is so widely rejected by society yet so widely adopted and defended by corporate actors? Why is it that regulatory responses to each corporate scandal seem unable to prevent future transgressions? Why is it that otherwise law-abiding citizens act contrary to their personal values when making compliance decisions within a corporation? In this book, Dr Donovan responds to these questions by providing a persuasive argument for the legitimate role of spirited compliance within a market economy. In doing so, she employs the lens of classical liberal ideology, challenging the widespread view that technical compliance is simply 'capitalism.' However, finding a normative foundation for spirited compliance only addresses one part of the problem. In an examination that has relevance beyond the compliance arena, the author also explores why and how corporate architecture contributes to the often atypical decisions that individuals make when acting within a corporate environment. The book draws upon behavioural psychology to answer this question and offers insights into how the often-elusive goal of corporate behavioural change can be achieved"--
Book Synopsis Activist Shareholders in Corporate Governance by : Tim Bowley
Download or read book Activist Shareholders in Corporate Governance written by Tim Bowley and published by Bloomsbury Publishing. This book was released on 2023-01-12 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the regulatory challenges of public company shareholder activism. Around the world, policy makers, practitioners and academics debate how best to regulate shareholder activism. Using Australia as a case study, the book examines key issues raised by this debate. With a market structure and legal settings that are conducive to activism, Australia makes an ideal case study and provides a fresh comparative perspective on the regulatory debate about shareholder activism, which tends to be dominated by US-focused analysis and commentary. The book presents empirical evidence which reveals that Australian activism is a significant and multifaceted phenomenon, undertaken by different types of activists pursuing varying strategies and supported by a range of complementary market developments. The book uses this evidence to develop comparative insights and explore internationally topical issues, including: - activists' willingness to use interventionist governance rights; - the role of intermediaries such as proxy advisers in facilitating activism; - institutional investor stewardship; and - the risks of collective shareholder activism. This book provides an important comparative perspective on the topic of shareholder activism. It is an essential resource for policy makers, practitioners and academics interested in the regulatory implications of shareholder activism.
Book Synopsis Reconceptualising Global Finance and its Regulation by : Ross P. Buckley
Download or read book Reconceptualising Global Finance and its Regulation written by Ross P. Buckley and published by Cambridge University Press. This book was released on 2016-03-11 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking stock of the 2008 global financial crisis, this book provides 'outside the box' solutions for reforming international financial regulation.
Book Synopsis Corporate Opportunities by : Marco Claudio Corradi
Download or read book Corporate Opportunities written by Marco Claudio Corradi and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph provides a comprehensive analysis of corporate opportunities doctrines from a comparative perspective. It looks at both common law and civil law rules and relies to a large extent on a law and economics approach. This book broadens the conventional view on corporate opportunities, a vital step in light of the adoption of corporate opportunities rules in civil law jurisdictions and in light of investors' ever-changing strategies. This approach considers institutional complementarities and especially industrial complementarities. The book thus explores several jurisdictions and their economic and industrial environments, whilst also assessing the impact of globalisation onto legal reform. Furthermore, it analyses the problems related to the application of corporate opportunities rules to cross-border venture capital. In normative terms, the book advances one main stance, articulated in three points: first, it proposes different sanctions for undisclosed and disclosed misappropriations, supporting the core idea that sanctions should be set against disclosure and not authorisation. Secondly, it advances the idea that sanctions against undisclosed misappropriations should be more severe than the ones presently applied. Thirdly, it considers the possibility of a more flexible treatment of disclosed misappropriations. This study is positioned at the intersection of several fields, providing a lens into a much broader range of dynamics that will be of interest to a varied international readership, and offering a window into the broader institutional dynamics at work in centres of innovation (eg Silicon Valley and industrial districts in other jurisdictions). It is rooted in law and economics, but the emphasis is placed on how corporate opportunities rules fit within a broader set of institutional dynamics that affect innovation, industrial efficiency, and economic competitiveness.
Book Synopsis The Making of the Modern Company by : Susan Watson
Download or read book The Making of the Modern Company written by Susan Watson and published by Bloomsbury Publishing. This book was released on 2022-05-19 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts a historical perspective to highlight, and bring back into focus, the key features of the modern company. A central argument in the book is that legal personhood attaching to an entity containing a corporate fund seeded by shareholders is a direct and inevitable consequence of limited liability and the company's status as a separate legal entity from its shareholders. Management by a board subject to legal duties to the company as an entity that can exist in perpetuity facilitates a long term perspective by the board that can accommodate both shareholder and stakeholder interests. These defining characteristics differentiate the modern company from other business forms. The Making of the Modern Company applies a 21st-century lens to the corporation through its history to identify turning points in its development. It sets out how key features emerged in the course of two separate developmental cycles in English corporate law: first with the English East India Company in the 17th century, and then with general incorporation statutes in the 2nd half of the 19th century. The book's historical perspective highlights that the key features are part of the 'secret sauce' of modern companies. Each cycle coincided with unparalleled periods of economic success associated with corporate activity This book will be of interest to corporate law and governance academics, theorists and practitioners, those who study the company from related disciplines, and anyone who questions why uncertainty still exists about the structure of a legal form that has been described as 'amongst mankind's greatest inventions'.
Book Synopsis Shareholders and Stakeholders by : Joanne F Sonin
Download or read book Shareholders and Stakeholders written by Joanne F Sonin and published by Bloomsbury Publishing. This book was released on 2023-09-07 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the evolution of the shareholder in post-war Britain within the context of changing legal, political, economic, and social conditions. It examines how the post-war transformation of the shareholder body influenced relationships amongst stakeholders, impacting corporate behaviour and the legal and political efforts to govern industry and financial markets. The book addresses a number of themes, including: 1) how the movements for democratisation influenced the treatment of shareholder interests and the calls for stakeholder representation; 2) how the rhetoric of change created a narrative that deflected from the lack of systemic legal reforms and protected the status quo; 3) how, in the post-war consensus environment, political positions on equity ownership de-radicalised, which proved unsustainable against a background of increasing political polarisation and industrial unrest; and 4) how the institutionalisation of the post-war shareholder body had profound effects on industry, the financial markets, and the economy. With these themes as a foundation, the evolutionary arch of the post-war shareholder is examined, focusing on developments that influenced the treatment and perception of shareholder and stakeholder interests, including nationalisations, shareholder democracy, corporate purpose, and industrial democracy. The book further considers how these post-war changes contribute to the post-1979 legal treatment of shareholder and stakeholder interests, including subsequent changes to the Companies Act and the development of corporate governance codes. Parallels to contemporary movements for stakeholder capitalism, corporate purpose, and ESG are drawn. The historical analysis of the post-war shareholder provides a framework for considering current questions on shareholder primacy and the demands for systemic legal reforms. These missed opportunities for meaningful changes to the treatment of shareholder interests in UK company law serve as useful precedents for evaluating subsequent periods.
Book Synopsis Court-Supervised Restructuring of Large Distressed Companies in Asia by : Wai Yee Wan
Download or read book Court-Supervised Restructuring of Large Distressed Companies in Asia written by Wai Yee Wan and published by Bloomsbury Publishing. This book was released on 2022-07-28 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth analysis of 4 economically significant Asian jurisdictions: Mainland China, India, Hong Kong and Singapore. These jurisdictions have recently either reformed – or are considering reforming – their corporate restructuring laws to promote regimes conducive to restructuring financially distressed, but otherwise economically viable, companies. Mainland China, India, Hong Kong and Singapore continue to adhere to a framework that requires the court's final approval but draw references from Chapter 11 of the Bankruptcy Code 1978 in the United States and/or the schemes of arrangement in the United Kingdom. However, the institutional and market structures are very different in Asia; in particular, Asia has a far higher concentration in shareholdings among listed firms, including holdings by families and the state, and a different composition of creditors. The book explains how, notwithstanding the legal transplantation, corporate restructuring laws in these Asian jurisdictions have adapted and evolved due to the frictions in shareholder-creditor and creditor-creditor relationships, and the role of the state in resolving non-performing loans and financial distress of state-owned enterprises which are listed, or which issue public debt. The study argues that any reforms must go beyond professionalising the insolvency professionals and the judiciary but must be designed to address fundamental issues of corporate governance, bank regulation and enforcing non-bankruptcy rules. It offers invaluable insights for academics and policy makers alike.
Book Synopsis Corporate Compliance by : Petter Gottschalk
Download or read book Corporate Compliance written by Petter Gottschalk and published by Springer Nature. This book was released on 2022-10-31 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compliance has long been identified by scholars of white-collar crime as a key strategic control device in the regulation of corporations and complex organisations. Nevertheless, this essential process has been largely ignored within criminology as a specific subject for close scrutiny – Corporate Compliance: Crime, Convenience and Control seeks to address this anomaly. This initiating book applies the theory of convenience to provide criminological insight into the enduring self-regulatory phenomenon of corporate compliance. Convenience theory suggests that compliance is challenged when the corporation has a strong financial motive for illegitimate profits, ample organisational opportunities to commit and conceal wrongdoing, and executive willingness for deviant behaviour. Focusing on white-collar deviance and crime within corporations, the book argues that lack of compliance is recurrently a matter of deviant behaviour by senior executives within organisations who abuse their privileged positions to commission, commit and conceal financial crime.
Book Synopsis Diversity, Merit and Power in the C-Suite by : Eleanore Hickman
Download or read book Diversity, Merit and Power in the C-Suite written by Eleanore Hickman and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the correlations of diversity and power in UK boardrooms and the difficulties inherent in truly merit-based appointments. From a distance, boardroom diversity is seen as a UK success story of recent years. A closer look at boardrooms reveals a more uncomfortable truth: boards can be split into tracks of power and diversity. Where there is a concentration in power, genuine diversity is much less prevalent. Using the FTSE 100, the book examines the appointment and retention of the most powerful positions in some of the world's most powerful corporations. Diversity, merit and power are each defined and measured individually, then considered cumulatively, to provide fresh insights into the meaning of corporate power, who wields it and how it is obtained. This analysis is considered alongside the diversity narratives created by the FTSE 100 to frame their position on diversity. From this, the value of corporate 'diversity speak' is challenged, together with the regulatory requirements that result in its production. Those studying or practising corporate law or management and anyone with an interest in corporate power will find this in-depth assessment thought-provoking and informative. From the book's original vantage point, suggestions are made as to how and why we might seek a more balanced distribution of power in the boardroom.
Book Synopsis Reconceptualising European Equality Law by : Johanna Croon-Gestefeld
Download or read book Reconceptualising European Equality Law written by Johanna Croon-Gestefeld and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new book seeks to widen the understanding of the principle of equality within European law. Firstly, it deconstructs the European Court of Justice's adjudication of cases in the field. It then explores how the Member States' courts decide on the question of equality. This detailed rigorous research allows the author to argue for a reconceptualised equality doctrine. Such an adaptation, the author argues, will provide judges, practitioners and academics with the tools to balance institutional considerations against substantive interpretation. Theoretically ambitious, while grounded in practical application, this is a significant restatement of one of the key principles of European law: the equality doctrine.
Book Synopsis Investment Management, Stewardship and Sustainability by : Iris H-Y Chiu
Download or read book Investment Management, Stewardship and Sustainability written by Iris H-Y Chiu and published by Bloomsbury Publishing. This book was released on 2023-02-09 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together thought leadership from academia and leading figures in asset management in key global jurisdictions, to pool together insights regarding the transformative visions and challenges for modern investment management, as well as best practices that realise the policy objectives in regulation and soft law. The world of investment management is being challenged by new legal, regulatory and soft law developments to demonstrate that their practices cohere with the long-term needs of the saving population as well as public interest needs in financing global sustainability and social development. The chapters in this book uniquely bring together the views of academia and practice on the key developments that can transform the law and practice of investment management, including the EU's new sustainable finance reform package, the UK Stewardship Code 2020, and developments in the US regarding the fit between fiduciary law for investment management and modern sustainability concerns. The book brings together the best of both worlds–critical thoughtful perspectives from academia and qualitative insight from the investment management industry. It will be of interest to researchers in law, investment management, business and management, practitioners in the investment management industry and their legal advisers, and policy-makers in the EU, UK and beyond who are grappling with the appropriate governance paradigms for bringing about more sustainable outcomes globally.
Book Synopsis Corporate Social Responsibility and Law in Africa by : Nojeem A. Amodu
Download or read book Corporate Social Responsibility and Law in Africa written by Nojeem A. Amodu and published by Routledge. This book was released on 2020-03-11 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the conception of corporate social responsibility (CSR) in Africa, expanding it’s frontiers beyond corporate reporting, voluntary corporate charity and community development projects. Taking a corporate law perspective on CSR, the author combines theory and practice to explain how CSR interacts with of sustainable development and sets an agenda for effective operationalization in Africa. The book not only devises an enforcement mechanism towards embedding effective CSR and sustainable development in Africa but also addresses CSR greenwash on the continent. The author critically examines CSR practices, legal and regulatory techniques in Nigeria and South Africa in the context of contexts of international regulatory dialogues and shows how corporate socially responsible behaviour can be effectively embedded within business communities in Africa. Increasing our understanding of the theoretical, legal and regulatory frameworks supporting corporate responsibility, this book will be of interest to scholars, policy makers and practitioners in the fields of Africa law, corporate law, corporate social responsibility and African business.
Book Synopsis Principles of Banking Regulation by : Kern Alexander
Download or read book Principles of Banking Regulation written by Kern Alexander and published by Cambridge University Press. This book was released on 2019-06-06 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses banking regulation and recent international developments, including Basel IV, bank resolution and Brexit, and their impact on bank governance.
Book Synopsis Digital Work Platforms at the Interface of Labour Law by : Eva Kocher
Download or read book Digital Work Platforms at the Interface of Labour Law written by Eva Kocher and published by Bloomsbury Publishing. This book was released on 2022-03-10 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book shows how to design labour rights to effectively protect digital platform workers, organise accountability on digital work platforms, and guarantee workers' collective representation and action. It acknowledges that digital work platforms entail enormous risks for workers, and at the same time it reveals the extent to which labour law is in need of reconstruction. The book focusses on the conceptual links – often overlooked in the past – between labour law's categories and its regulatory approaches. By explaining and analysing the wealth of approaches that deconstruct and reconceptualise labour law, the book uncovers the organisational ideas that permeate labour law's categories as well as its policy approaches in a variety of jurisdictions. These ideas reveal a lack of fit between labour law's traditional concepts and digital platform work: digital work platforms rarely behave like hierarchical organisations; instead, they more often function as market organisers. The book provides a fresh perspective for international academic and policy debates on the regulation of digital work platforms, as well as on the purposes and foundations of labour law. It offers a way out of the impasse the debate around labour law classification has reached, by showing what labour law could learn from digital law approaches to platforms – and vice versa. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Book Synopsis Reconceptualising the Rule of Law in Global Governance, Resources, Investment and Trade by : Photini Pazartzis
Download or read book Reconceptualising the Rule of Law in Global Governance, Resources, Investment and Trade written by Photini Pazartzis and published by Bloomsbury Publishing. This book was released on 2016-06-30 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relevance and importance of the rule of law to the international legal order cannot be doubted and was recently reaffirmed by the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level's solemn commitment to it on behalf of states and international organizations. In this edited collection, leading scholars and practitioners from the fields of global governance, resources, investment and trade examine how the commitment to the rule of law manifests itself in the respective fields. The book looks at cutting-edge issues within each field and examines the questions arising from the interplay between them. With a clear three-part structure, it explores each area in detail and addresses contemporary challenges while trying to assure a commitment to the rule of law. The contributions also consider how the rule of law has been or should be reconceptualised. Taking a multi-disciplinary approach, the book will appeal to international lawyers from across the spectrum, including practitioners in the field of international investment and trade law.
Book Synopsis Expansive Learning at Work by : Yrjö Engeström
Download or read book Expansive Learning at Work written by Yrjö Engeström and published by . This book was released on 2001 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
