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Analyze corporate governance
Analyze corporate governance
Corporate governance in the stock market
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Nowadays, corporation should deal with number of norms and laws because it is accepted a legal person. In case, the corporation breaches the law or does not act in benefit of the shareholders, stakeholders, employees, suppliers and society, it can be suited. Scholars believe that there are some theories that can be used for preventing businesses. Two of the most debated theories are stakeholder theory and shareholder theory.
In my opinion, both theories have a lot in common and they cannot be divided. According to Hawke both theories “used to justify differing views on: whistle- blowing, tax avoidance, risk to auditor independence, deception and exploitation in business transactions”. (Hawke, 2010) Both theories have the same practical implementations and the same consequences, which mean that if stakeholder theory is true, then shareholders theory is trues.
In the modern corporation, the manager is the person who has the right to use company’s resources in order to meet not only stockholder wished but also to cover the needs of all employees, suppliers and society. In case something goes wrong, the stockholders can sue the manager for not doing what he/she is supposed to.
The figure below explains how the stakeholder theory works in the modern corporations. It describes how the corporation is organized and who are the people that it has to serve are. To sum this up, I would say that one big corporation should be responsible for the entire society.
Owners take financial part of the corporation by having stocks and bond, and they expect financial return for that. All these owners can be differing from one another and each one of them can have different preferences such as money, morality, obligations, loyalty. Supplies ...
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... of nature and when one company is eco oriented, it is better for customers and for the company as well. According to M. Starik, many stakeholder theories of companies ignore such ecological necessities. (Freeman, 2010) However, according to the reasonable pluralism firms can develop their ecological principle in accordance with the principle of caring for the earth and making the world better.
Works Cited
Hawke, P. (2010). Stockholder Theory vs Stakeholder Theory A Genuine. Available: http://www.docstoc.com/docs/37199193/Stockholder-Theory-vs-Stakeholder-Theory-A-Genuine.
Freemen, E. (2010). Stakeholder theory of modern corporation. Available: http://academic.udayton.edu/lawrenceulrich/Stakeholder%20Theory.pdf.
Thomas, M. J. (2011). Differences Between Stakeholder and Shareholder Theory of the Firm. Available: https://www.youtube.com/watch?v=bQIKaOFB0b8.
Stakeholder is anyone with an interest in a business; stakeholders are individual, groups or businesses. They are affected by the activity of the business. There are two types on stakeholders who are internal and external. Internal stakeholder involves employees, managers/directors and shareholders/owners. External stakeholder involves suppliers, customers, government, trade unions, pressure groups and local and national communities.
The company should employ the stakeholder theory as opposed to the agency theory. Each member associated with Wal-Mart will be treated fairly and honestly. In incorporating the deontology perspective as opposed to the Utilitarian viewpoint, the company will show its desire to right previous wrongs.
The shareholders many lose control of company. It is because shares are freely bought and sold in the exchange market. If other companies target the company, they can take over it. Also, most of the organisation split up the ownership and management of the company. That mean, the manager may make wrong decisions that cause shareholders suffer.
In contrast , the shareholder theory organisations or organisation's decision-makers only have the responsibility to their shareholders by increasing the organisation profits and should only make the decisions to increase as much as possib...
Stakeholders are those groups or individual in society that have a direct interest in the performance and activities of business. The main stakeholders are employees, shareholders, customers, suppliers, financiers and the local community. Stakeholders may not hold any formal authority over the organization, but theorists such as Professor Charles Handy believe that a firm’s best long-term interests are served by paying close attention to the needs of each of these stakeholders. The modern view is that a firm has responsibilities to all its stakeholders i.e. everyone with a legitimate interest in the company. These include shareholders, competitors, government, employees, directors, distributors, customers, sub-contractors, pressure groups and local community. Although a company’s directors owes a legal duty to the shareholders, they also have moral responsibilities to other stakeholder group’s objectives in their entirely. As a firm can’t meet all stakeholders’ objectives in their entirety, they have to compromise. A company should try to serve the needs of these groups or individuals, but whilst some needs are common, other needs conflict. By the development of this second runway, the public and stakeholders are affected in one or other way and it can be positive and negative.
It will be advantageous for the company if they can project themselves as responsible corporate citizen and an environment friendly company. Social enrichment schemes, recycling schemes and educational funds can be initiated to cater to this cause and long term goal.
A stakeholder is a person or organisation that has an interest or a concern with in a business. Stakeholders can both influence and be influenced by the actions of the business, its objectives and policies. Examples of both internal and external stakeholders are shown below.
There is a link between corporate social responsibility and the key principles of the stakeholders, which a company should follow to be responsible to its stakeholders. The first stakeholder is environment and the key principle used for it is not damage the environment for example, recycling, dealing correctly with their wastes and emissions. The second stakeholder is the employees. The key principle for the employees is companies providing safe and health working conditions for their staff. Moreover, the employees earn an appropriate salary for ...
Evan, W. M., & Freeman, R. E. (1988). A stakeholder theory of the modern corporation: Kantian
Freeman, R. E.: 2002. Stakeholder Theory of the Modern Corporation, in T. Donaldson and P. Werhane (eds.), Ethical Issues in Business: A Philosophical Approach, 7th Edition (Prentice Hall, Englewood Cliffs, NJ).
Looking into the merits of this principle, it seeks to protect the company and its members by the independent corporate existence and the establishment of limited liability, which is a major advantage of incorporation as the members are not necessary liable for its debts. Another advantage is having separate property, the company is able to hold and enjoy the property under its own name and no one is able to claim the ownership of the company’s assets. Despite all the advantages, there are scholars criticizing with such principle and the first academic who against it was Kahn-Freund. He asserted that he Salomon principle was ‘catastrophic’ as it is an ideal vehicle for fraud and he argued that the incorporation is relatively more
The Principle of Separate Corporate Personality The principle of separate corporate personality has been firmly established in the common law since the decision in the case of Salomon v Salomon & Co Ltd[1], whereby a corporation has a separate legal personality, rights and obligations totally distinct from those of its shareholders. Legislation and courts nevertheless sometimes "pierce the corporate veil" so as to hold the shareholders personally liable for the liabilities of the corporation. Courts may also "lift the corporate veil", in the conflict of laws in order to determine who actually controls the corporation, and thus to ascertain the corporation's true contacts, and closest and most real connection. Throughout the course of this assignment I will begin by explaining the concept of legal personality and describe the veil of incorporation. I will give examples of when the veil of incorporation can be lifted by the courts and statuary provisions such as s.24 CA 1985 and incorporate the varying views of judges as to when the veil can be lifted.
The ethical and corporate governance theories related to agency theory, stakeholder theory, transaction and political theory are associated with the corporations. The corporations while operating in the market should follow theory on business ethics where the rights and wrongs are addressed by the courts along with the concern of the business corporations towards the society. 3. The corporations should place more emphasis on the issues related to corporate social responsibility where issues need to be addressed related to fairness, justice and equality. The following provisions should be made for the members of the corporations for ensuring prevalence of justice, equality and fairness.
When the problem became serious two main views formed: the “narrow” view and the “broader” view, based on different ideas. The “narrow” view is based on the proposition that corporations have no social responsibility and they have only one main purpose, to make a profit (Friedman, 1970). So corporations should remain socially independent and all conflicts must be solved through the individual responsibility concept. On the contrary the “broader” view states that corporations have social obligations as all existing participants of market, persons and entities are tied together and are mutually dependent. So corporations cannot ignore some serious events or problems, which take place, and must help society, as profit is not their single purpose.
When using performance management to improve an organisation’s productivity you need to first decide who is the focus of the organisation’s long term goals, are they focusing on Shareholders or Stakeholders. The Shareholder approach focuses on the profit to the shareholders, no other factors need to be considered aside from the bottom line profits. The Stakeholder approach is a well-rounded, balanced approach to management, considering more than just how much money the organisation makes.