Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
The role of corporate governance
Corporate governance principles and rules
The role of corporate governance
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: The role of corporate governance
Introduction As stated in the Nudge Theory in the 2000’s “…. that governance must be driven by needs of the people being governed, not by the governing authority.” Corporate Governance has over the past twenty years become an important subject in the world of finance owing to the control that rests in the hands of owners/shareholder, directors and senior officers of a corporation in the financial decisions of the said corporation. Corporate Governance refers to the systems by which a corporation is directed and controlled by its shareholders, directors, and officers. The structure of governance specifies the rights and responsibilities of different participants in the corporation with regard both to one another and outside parties. These laws generally relate to the boards of directors, managers, shareholders, creditors, auditors, regulators, and other stakeholders. Corporate Governance is a specialized mechanism for regulating risk in corporate activities, thereby (hopefully) averting corporate disasters, scandals, and consequential damage or losses to investors, staff, society and the wider world. History of Corporate Governance The need for corporate governance arose in the second industrial revolution during which there was change in the corporate structures as the United States and Europe started large …show more content…
The objectives of the corporations, the methods of achieving the objectives set and the supervising performance are determined by the relationships between the shareholders, Board of Directors and the its stakeholder which is essentially the structure of the corporations. The key aspects of good corporate governance is the transparency of the structure and operation of the corporation and accountability of the managers and board of directors to the shareholder of the
According to Mallor, Barnes, Bowers, & Langvardt (2010) “modern corporation law emerged only in the last 200 years, ancestors of the modern corporation existed in the times of Hammurabi, ancient Greece, and the Roman Empire. As early as 1248 in France, privileges of incorporation were given to mercantile ventures to encourage investment for the benefit of society. In England, the corporate form was used extensively before the 16th century. In the late 18th century, general incorporation statutes emerged in the United States” (p. 1009).
Towards the end of the 19th century, three factors enabled the second industrial revolution. Improvements in communication and transportation allowed for greater shipments of products and raw materials, the development of electricity provided a cheaper source of energy, and most importantly, major corporations emerged as a result of new consumer and industrial goods. The development of science and technology, combined with increasingly capitalist markets had given rise to modern corporations that controlled overwhelmingly large portions of a certain industry within the nation. However, these larger businesses were a major source of corruption, as they often harmed smaller businesses and limited competition and economic growth. To take a
Bibliography: Turnbull, S. (1997). Corporate governance: its scope, concerns and theories. Corporate Governance: An International Review, 5 (4), pp. 180--205.
There are at least three areas that encompass ‘weak corporate governance’, 1. Multiple Prime Ministers from different parties 2. Inconsistent and ineffective policies and 3. Leadership.
Corporate governance implies governing a company/organization by a set of rules, principles, systems and processes. It guides the company about how to achieve its vision in a way that benefits the company and provides long-term benefits to its stakeholders. In the corporate business context, stake-holders comprise board of directors, management, employees and with the rising awareness about Corporate Social Responsibility; it includes shareholders and society as well. The principles which...
Nottingham Trent University. (2013). Lecture 1 - An Introduction to Corporate Governance. Available: https://now.ntu.ac.uk/d2l/le/content/248250/viewContent/1053845/View. Last accessed 16th Dec 2013.
The Board of Directors is the highest governing authority in a professional management structure. It is made up of two tiers of individual members who are elected by the shareholders of the corporation to establish corporate management related policies. These two tiers include individuals chosen from within the company such as manager, CEO or other daily worker of the company. The next tier involves chosen individuals that are outside of the company and considered to be independent. These individuals are also elected to make decisions on behalf of the corporations, more importantly public companies must have a Board of Directors in place. The Board of Directors mission is to set a fair representation of management and interests of shareholders for the corporation. The responsibility of the Corporate Director is to act on behalf of the corporation and make sure he/she is presenting its best interests at all times, participating in regular meetings of the Board of Directors, amending the Corporation’s bylaws or articles of incorporation, acting with the loyalty to the corporation and its members, approving some corporate activities which include contracts and agreements, asset purchases, and the election of new corporate officers. When electing personnel into these positions there is an invisible line that needs to be addressed regarding who will serve as a member on the Board. If you have too many internal representatives for the company serving as Directors, the Board will tend to make decisions more beneficial to management. On the other side, having too many external Directors may mean management can be left out of the decision-making process that in turn, will cause managers to feel alienated and leave, instead of a fai...
Sarbanes-Oxley act was passed in 2002 in reaction to several scandals and the dot com bubble involving major corporations. Eron, Tyco and Worldcom were the prime scandals. In the light of those scandals, Sarbanes- Oxley was passed with an intention to make corporate governance more rigorous, protect investors from fraudulent activities performed by the corporation by making financial practises more transparent, strengthen corporate oversight and promote/improve internal corporate control. In short it was meant to enhance corporate governance and restore faith in investors.
The end of 2001 and the start of 2002 saw the end of a period of magnified share prices and booming businesses. All speculations of misrepresentation came to light and those firms which once seem unconquerable were now filing for bankruptcy. Within this essay, I shall discuss the corporate governance mechanisms and failures which led to the Enron scandal resulting in global corporate governance reforms being encouraged.
Anglo-American corporate governance is a primary aim of maximizing the shareholders value, which improves the access of savers on firms to make investments opportunities. As a company Enron was seen
...eve efficient resource allocation. Failure to achieve appropriate and efficient corporate governance could result in sub-optimal allocation of resources, abuses and theft by management, expropriation of outside shareholders and creditors, financial distress and even bankruptcy. While evaluating the role of corporate governance, it is imperative to also consider the levels of development of market institutions and other legal infrastructure including laws and enforcement that provide good standard for investor protection as well as ownership structures.
The Asian Financial Crisis which exposed the corporate governance weaknesses was a wake-up call for all the policymakers, standard setters as well as the companies (OECD, 2014). The parties that involved and affected from the crisis started to realize the importance of having strong corporate governance practices in their countries. Consequently, the Asian economies along with the OECD established the Asian Roundtable on Corporate Governance in 1999, in order to support the enhancement of corporate governance rules and practices (OECD, 2014).
9. Principles for good governance in the 21st century- Policy Brief No.15- August 2003 By John Draham et
Organization for Economic Co-operation and Development. Improving Business Behavior: Why we need Corporate Governance. Oct. 2004. OECD.
The office of the Director of Corporate Enforcement (ODCE, 2015), Ireland defines Corporate Governance as “the system, principles and process by which organisations are directed and controlled. The principles underlying corporate governance are based on conducting the business with integrity and fairness, being transparent with regard to all transactions, making all the necessary disclosures and decisions and complying with all the laws of the land”. It is the system for protecting and advancing the shareholder’s interest by setting strategic direction for the firm and achieving them by electing and monitoring the capable management (Solomon, 2010). It is the process of protecting the stakes of various parties that have their interest attached with a company (Fernando, 2009). Corporate governance is the procedure through which the management of the company is achieving the goals of various stake holders (Becht, Macro, Patrick and Alisa,