Search

This article examines how shareholder voting rights can be transplanted from one jurisdiction to another within the European Union. In particular, it traces the spread of the right to vote on defence measures during takeovers, on directors' remuneration, and on related party transactions, to assess whether the transplantation succeeded or failed. In doing so, this analysis highlights a dichotomy between a process of autonomous convergence undertaken by continental Member States, carried out through adaptive and circumscribed transplants, and a process of harmonisation promoted by the European Commission, that transplanted the rights in its proposals attempting to mandate them at the supra-national level. Eventually, this article sheds light on how corporate law-making can take place in the EU: in a multi-polar context where distinct corporate law systems coexist 'horizontally', Member States can borrow legal provisions spontaneously, while the European Commission can endorse country-specific provisions that considers to be the best corporate governance arrangements, disruptively seeking to extend them to all jurisdictions. As a consequence, the imitated Member State carries virtually no interest in exporting its rules, but is in turn interested in resisting any deviation from the Commission's proposal to limit the changes that it will undergo in the implementation of the instrument. The other Member States, on the other hand, may actively engage within the Council of the EU to resist and water down the proposal, to avoid reforming their corporate law system and tilt their domestic allocation of corporate power towards a particular constituency. [ABSTRACT FROM AUTHOR]

Little is known about the history of female investing in Australia. We develop a new dataset of company shareholders between 1857 and 1937, covering all major sectors of the economy. We calculate the female fraction of shareowners, their occupational and geographic backgrounds, and we analyse their investment patterns and behaviours including their risk profiles and portfolio construction decisions. Our findings suggest that 'gender equity'—and more—had been reached, for some companies, by the interwar period. Women investors came from many walks of life, had various motives, and appear to have largely acted independently of other women and of men. [ABSTRACT FROM AUTHOR]

The complexity of determining which law applies to supply contracts has not, to our knowledge, been sufficiently addressed by Portuguese academic opinion or case law. But this is now an extremely important issue in practice, as it is increasingly more common for shareholders of Portuguese companies to be foreign individuals or legal persons, which means that their interactions are no longer just subject to Portuguese law and take on an international dimension. This articles tries to fill this gap by briefly clarifying the issue. [ABSTRACT FROM AUTHOR]

Purpose – This paper uses test panel data for the biggest companies listed on the boards of directors of the Palestine Stock Exchange from 2016 to 2022 and will focus on the relationship between the corporate governance index, accounting conservatism, and the comprehensive index of corporate governance. Design/methodology/approach – The relationship between corporate governance and accounting conservatism is experimentally investigated for its impact on the likelihood of stock price breakdown and decline among companies listed on the Palestine Stock Exchange between 2016 and 2022, using a mixed utilities approach. Findings – The findings demonstrated the adverse correlation between corporate governance, accounting conservatism, and stock prices. Higher levels of corporate governance can effectively reduce the likelihood of future stock price increases, while conservative accounting policies can effectively prevent stock price collapses in these listed companies. Higher levels of corporate governance can greatly lessen the detrimental effect of accounting conservatism on the likelihood of future stock price breakdowns and declines. Both accounting conservatism and corporate governance have substitution effects in decreasing the danger of stock price collapse. Research limitations/implications – The limitations of the current research are that higher levels of corporate governance can significantly reduce the harmful effect of accounting conservatism on the probability of stock price breakdown and decline in the future on the study sample used, and these results cannot be generalized to all company stocks that were excluded in this study. The last research limitation is that the sample size of this study is somewhat small, and therefore the effects of the results cannot be used on all unlisted companies, and they cannot be generalized to all of these companies except only to companies listed on the Palestine Stock Exchange. Practical implications – Our findings have interesting managerial and policy implications. Listed firms should first strengthen external audit oversight, improve the method of disclosing accounting information, and improve the system architecture to raise the level of accounting conservatism. Moreover, it is imperative to enhance and improve the ownership structure of publicly traded firms, construct a robust mechanism for replacing shareholders, fortify the duties of the board of directors, proficiently fulfil the role of independent directors, and develop and refine the internal and external framework for corporate governance. Originality/value – This study provides insights about reducing the probability of a stock market breakdown and collapse from two sides: enhancing corporate governance, improving accounting conservatism, enhancing the reliability and integrity of disclosure, and growing the number of sustainable disclosures. These suggestions can also be used as a template for Palestine's capital market's gradual and sustainable expansion.

Purpose: This research aimed to identify the behavioral Models of stakeholder groups in corporate governance within Iran's Social Security Organization and its affiliated companies. In other words, it explored corporate governance from a behavioral perspective. Methodology: To conduct the research, a theoretical behavioral model was developed based on a review of the literature. This model identified six common behavioral indicators among stakeholders. Subsequently, a questionnaire with 36 questions was designed and distributed to experts in the field of corporate governance. A total of 207 responses were received, and the instrument's reliability was confirmed with a Cronbach's alpha of 0.933. Furthermore, exploratory factor analysis using the principal component method was employed to explain the factors of the model, which represented a classification of stakeholder groups. To validate these findings, confirmatory factor analysis was used to evaluate the proposed theoretical model. Findings: The results yielded a CMIN value of 2.694, which is below the critical value of 3. The root mean square error of approximation (RMSEA) was 0.097, falling within the acceptable range of 0.05 to 0.1. The Akaike Information Criterion (AIC) was 1812, closer to the saturated model index (1404) compared to the independent model (5660), indicating a good fit of the model. Originality/Value: Overall, six stakeholder groups were identified in the corporate governance of companies affiliated with the Social Security Organization: institutional stakeholders, government, political stakeholders, social networks, economic stakeholders, and shareholders. Additionally, six common behavioral indicators were identified among stakeholder groups: conflict resolution, building trust in the board of directors, political bargaining, power-politics relationships, goal setting, and decision-making processes. To assess the impact of each behavioral indicator, a parametric t-test and mean comparisons were used. The results showed that institutional stakeholders, the government, and political stakeholders had a significant and greater impact on governance in the Social Security Organization compared to others. Moreover, government interventions in goal setting, political bargaining, building trust in the board of directors, and conflict resolution had a significant and above-average impact on the governance of the studied companies. On the other hand, political groups had a significant and above-average impact on the corporate governance of companies affiliated with the Social Security Organization in terms of decision-making processes, goal setting, and power-politics relationships. The evaluation of behavioral indicators among stakeholder groups revealed that the shared focus of these groups was primarily on three indicators: goal setting, decision-making, and power-politics relationships. [ABSTRACT FROM AUTHOR]

Copyright of Alauddin Law Development Journal is the property of Alauddin Law Development Journal (ALDEV) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The multi-tiered shareholder identification and registration systems are dominant within the European Union member States, but in the Nordic countries, the holding structure is based on a direct holding model. Share registers of all listed companies are public, so basically, anyone may have a full outlook on the corporate ownership structure whenever they want. However, even the Nordic corporate governance model allows you to hide your ownership from public scrutiny by using other companies, most preferably unlisted ones, as intermediaries. The more complicated the chain of intermediaries, the more difficult it is to understand the ownership pattern and level of ownership concentration, which is especially important when evaluating the diversity and functioning of the news media markets. This is why maximum transparency requires not only public share registers but also a structural database, which has also been designed to show the full chain of direct and indirect ownership of each legal owner. This article analyses the relational database model developed for studying and presenting multilevel direct and indirect ownership structures of European news media in the first phase of the Euromedia Ownership Monitor project funded by the European Union. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

We examine how financialization has progressed in the German nonfinancial corporate sector since the 2000s. Using a sample of firms historically listed in the largest German stock market indices, DAX and MDAX, we not only confirm the rise of international passive asset managers but also find a growing prevalence of controlling business families. Although executive pay increasingly consists of equity grants, indicating growing shareholder value orientation, we do not identify corporate financialization in terms of rising share buybacks and payout rates. Instead, ever larger shares of corporate funds are kept inside firms as retained earnings. While firms in the USA 'downsize-and-distribute' under the pressure of institutional investors, we hold that German firms 'save-and-sit-on-it'. Although shaped by the liberalization of corporate governance regulations, this regime still relies on blockholdings and codetermination, while integrating asset managers as new providers of patient capital. [ABSTRACT FROM AUTHOR]

One of the most controversial issues in the field of arbitration is the possibility of using it in the field of labor disputes. This issue that was also raised on the disputes between workers and commercial companies as their employers, has caused many disagreements. Therefore, this paper examines the approach of the legal system of countries and commercial companies in this field. The findings of this study indicate that in some legal systems, various types of arbitration (mandatory and voluntary) in labor disputes have been accepted but in others, only voluntary arbitration is recognized in limited cases. In a number of other legal systems, referring these disputes to arbitration is not accepted at all. Commercial companies also have different procedures in this regard; some companies, believing in the many benefits of arbitration for companies, have chosen it as the first way to resolve labor disputes. Some other companies, despite accepting the arbitration, use it as a secondary method, ie if other non-judicial methods are not obtained and finally, there are companies that are reluctant to refer arbitration to dispute resolution. [ABSTRACT FROM AUTHOR]

A Company faces several stakeholders that have different interests. This study uses the COVID-19 pandemic as a contingency factor that can help the company choose optimum social and environmental responsibility for external and internal stakeholders. This research is based on stakeholder theory and examines the effect of shareholders, employees, creditors, and society or community on the disclosure of sustainability reports to understand the role of stakeholders in corporate strategy. This study uses the food and beverage industry (consumer sector – non-cyclical) that selects a sample from the Indonesia Stock Exchange (2020 to 2022) because the return is under all stocks in IDX. The finding reveals that during COVID-19, companies engaged with the community’s interest rather than shareholders, creditors, or employees. This study contributes to enlarging stakeholder theory through the economic condition as a contingency on decision-making about stakeholder interests. [ABSTRACT FROM AUTHOR]

Purpose: The research aimed to analyze the relationship between the financial health of the company and the market value added assuming a significant correlation between the two variables. Methodology: Financial health was measured based on the Z-Score model while the market value added (MVA) was measured based on the capital invested in the company and the market value of the company. The sample of the study consisted of (8) industrial companies listed on the Amman Stock Exchange for the period (2013-2021). The principal data utilized in the analysis came from the balance sheets and profit and loss reports that were available on the official websites of the research sample companies. Findings: It was revealed through the analysis of the two variables that the company (APOT) shows higher financial health and market value added than the rest of the companies, followed by a number of companies in the research sample that had good financial health and market value added. Results of the analysis of the relationship between the two variables showed a significant positive relationship between the financial health of the company and the market value added, meaning that the better the financial health of the company, the more its market value increases and thus wealth is added to the owners. Unique Contribution to Theory, Practice and Policy: The results of this work can be used to improve the financial performance of companies, which calls for regular evaluation of the financial situation, identification of strengths and weaknesses in one's financial position, and an effort to mitigate risks and correct any shortcomings prior to their representation in the financial statements, The firm must also follow a strong financial strategy to achieve success and sustainability in the financial market. [ABSTRACT FROM AUTHOR]

Shareholder loans are often used as an alternative to traditional third-party loans or equity especially for private companies in various jurisdictions, including South Africa, to finance their business activities. These loans provide companies with greater flexibility to meet their financing needs, i.e., there is no need to seek external financing while offering shareholders a potentially profitable investment opportunity. However, the legal nature of shareholder loans could pose complex legal questions and this form of loans may not necessarily be as straightforward as it first appears. This article explores the legal framework and practical considerations surrounding shareholder loans in South Africa in small private companies, with a focus on developments in case law and their implications for companies and shareholders. Amongst other issues, the application of the principle of arbitrium boni viri to the interpretation and enforcement of these agreements will be discussed. The article aims to provide a critical analysis of the legal questions associated with shareholder loans in South Africa.

The fundamentals of sound foundation management can assist businesses in reducing the risks associated with performance management. Principles like accountability, transparency, responsibility, fairness, and justice are all part of the GCG in practice. Businesses can lower the risk of fraud and data manipulation by putting GCG principles into practice and ensuring that the decisionmaking process is conducted in an open, responsible, and fair manner. Establishing a code of ethics and strong foundation management standards, as well as boosting the openness of financial reports, are some GCG measures that can aid in reducing the risks associated with organisational performance management. However, organisations must also take into account other elements including effective risk management, the application of ethical standards, and the creation of a strong organisational culture in order to mitigate the risks associated with organisational performance management. Good corporate governance is not the only solution to this problem. In actuality, including GCG into a comprehensive risk management plan can assist businesses in improving performance and gaining the confidence of stakeholders. Therefore, in order to enhance performance and reduce risks associated with financial, ethical, and governance difficulties, businesses must pay attention to GCG techniques while mitigating organisational performance management risks. [ABSTRACT FROM AUTHOR]

High executive salaries often lead executives to prioritize short-term gains over long-term ESG benefits. This review explores how reducing executive compensation, influenced by environmental regulations, impacts innovation in sustainable technologies. As shareholders demand more ESG-focused models, the traditional compensation model is shifting to link compensation with environmental and social goals. The literature focuses on greenhouse gas emissions, employee satisfaction, and regulatory compliance. This review covers global ESG-based incentives, followed by country-specific approaches in China, France, Germany, India, Italy, South Africa, Sweden, and the United States. It concludes with alternative frameworks from financial institutions. Executives are more likely to engage in environmental initiatives when personal gains are tied to these goals. Equity-based incentives are favored over salary-based bonuses. Concepts like the parity pill aim to increase investor trust and transparency. As investors become more environmentally conscious, they expect companies to align with these values. Executives are encouraged to prioritize long-term sustainability over short-term personal gains. [ABSTRACT FROM AUTHOR]

Fintech companies are relatively young and operate in a rapidly evolving and ever-changing industry, which makes it important to understand how different factors, including shareholder presence in management roles, affect their performance. This study investigates the impact of shareholder presence in director and manager positions on the financial performance of Latvian fintechs. Our investigation centers on essential financial ratios, including Return on Assets, Return on Equity, Profit Margin, Liquidity Ratio, Current Ratio, and Solvency Ratio. Our findings suggest that the presence of shareholders in director and manager roles does not significantly affect the financial performance of fintech companies. Although the statistical analysis did not yield significant results, it is important to consider additional insights garnered from Cliff's Delta effect sizes. Specifically, despite the lack of statistical significance, practical significance indicates that fintech companies in which directors and managers are shareholders show slightly better performance than other fintech companies. Beyond shedding light on the intricacies of corporate governance in the fintech sector, this research serves as a valuable resource for investors, stakeholders, and fellow researchers seeking to understand the impact of shareholder presence in director and manager roles on the financial performance of fintechs. [ABSTRACT FROM AUTHOR]

The research paper aims to bring into discussion the theoretical approaches of corporate governance but also to identify, through specialized literature, the existing relationships between corporate culture and the governance process improvement as well as the effects of management's orientation towards innovation in terms of organizational culture in the development of effective corporate governance systems, based on generally accepted rules or principles. The study highlights the complexity of governance, as a result of innovative business models capable of integrating economic, social, cultural, ethical pillars and to generate for stakeholders a unitary information systems. The balance mandatory for organizations to optimally fulfill the set objectives can be achieved all the more easily as corporate responsibility becomes part of the thinking of all members of the organization and responsibility and accountability towards all stakeholders is directed from the inside out.

Background The confidence of Bottom 40 (B40) shareholders is crucial for cooperative’s sustenance within wider corporate governance. An in-depth study on cooperatives is needed, as they play a crucial role in the Malaysian economic system and contribute greatly to the country’s social development. However, in the current landscape, confidence among shareholders is at stake. This study aims to identify the research gap into corporate governance for cooperativess in relation to B40 shareholder confidence, as well as identify current study challenges and develop a conceptual framework for future research. Methods We conducted a systematic literature review, with the use of agency theory to assess shareholders’ confidence. Emerald, ProQuest, InderScience, Scopus and Science Direct were the online databases used in this study to search five keyword phrases: corporate governance, confidence, cooperative, agency theory and Bottom 40% (B40) household. Tranfield’s five stages were used to conduct the systematic review. Results Only 5 of the 324 studies assess shareholders’ confidence in cooperatives, as well as one paper on B40 and two papers on agency theory. Our review presents three major findings. First, research in the context of B40 shareholder’s confidence in cooperatives is scarce. Second, the challenges related to shareholders’ confidence in B40 are major issues in the context. Third, research on agency theory in the context of shareholders’ confidence within cooperatives and corporate governance is still scant. Conclusions This review urges the research community to conduct more studies based on the highlighted research gaps.

Background The confidence of Bottom 40 (B40) shareholders is crucial for cooperative’s sustenance within wider corporate governance. An in-depth study on cooperatives is needed, as they play a crucial role in the Malaysian economic system and contribute greatly to the country’s social development. However, in the current landscape, confidence among shareholders is at stake. This study aims to identify the research gap into corporate governance for cooperativess in relation to B40 shareholder confidence, as well as identify current study challenges and develop a conceptual framework for future research. Methods We conducted a systematic literature review, with the use of agency theory to assess shareholders’ confidence. Emerald, ProQuest, InderScience, Scopus and Science Direct were the online databases used in this study to search five keyword phrases: corporate governance, confidence, cooperative, agency theory and Bottom 40% (B40) household. Tranfield’s five stages were used to conduct the systematic review. Results Only 5 of the 324 studies assess shareholders’ confidence in cooperatives, as well as one paper on B40 and two papers on agency theory. Our review presents three major findings. First, research in the context of B40 shareholder’s confidence in cooperatives is scarce. Second, the challenges related to shareholders’ confidence in B40 are major issues in the context. Third, research on agency theory in the context of shareholders’ confidence within cooperatives and corporate governance is still scant. Conclusions This review urges the research community to conduct more studies based on the highlighted research gaps.

The COVID-19 pandemic has caused a rapid transformation in the healthcare industry. Telemedicine, mHealth, and artificial intelligence technologies have become integral components of healthcare delivery, enabling remote consultations, symptom tracking, medication reminders, diagnosis, and treatment. However, the adoption of these technologies in healthcare organisations is often met with resistance from shareholders. The most frequent reasons are fear of technology, uncertainty about the impact of technology solutions on patient care, ethical and regulatory concerns, skepticism about the effectiveness of remote medical consultations, concerns about data privacy and security, reluctance to change workflows, risk of job losses due to automation of certain processes, and possible conflicts of interest. This article explores the complex landscape of shareholder resistance during software implementation projects, the origins of this problem, its manifestations, advantages, disadvantages, and consequences. The article also examines this issue through the prism of the Lewin's Change Model and the Transtheoretical Model of Change, and demonstrates it on the examples of Information Technology Company and Microsoft. The article offers strategic recommendations for healthcare organisations to effectively manage and mitigate these challenges, facilitating a successful transition to the healthcare technology landscape. Among the main problems, the article discusses the following things: creating open and transparent communication channels for shareholders; joint problem-solving sessions with all stakeholders; an iterative approach to implementing IT projects in healthcare facilities, which allows reviewing, adjusting, and agreeing on solutions at each iteration; involving shareholders in decision-making at the early stages of the software implementation process; comprehensive programs to improve shareholder competencies; targeting opinion leaders who are supporters of changes in the organisation; maintaining continuous feedback, etc. [ABSTRACT FROM AUTHOR]

The objective of this study was to examine the impact of corporate governance on the financial choices of non-financial companies operating in the Australian Securities Exchange. A purposive sampling technique was employed to select a total of 113 firms representing 14 sectors listed in the Australian Securities Exchange during the period from 2008 to 2021. The findings of the study revealed a positive and significant relationship between the size of the board, gender diversity among board members, board member affiliation, and board compensation with the financial decisions of the corporations. Additionally, the study identified that the presence of experienced and non-executive board members had a negative and significant impact on internally generated funding. Furthermore, it was observed that board gender diversity, board size, board member affiliation, and board compensation displayed a positive and significant association with debt financing, internally generated financing, and equity financing. Most organisations displayed a preference for internal and debt financing over equity funding. Aligning governance with financial decisions enhances firms’ cost of capital. Governance quality affects capital market access, debt, and equity costs. Effective governance leads to favorable financing terms. [ABSTRACT FROM AUTHOR]

Globalization influences and effects can be easily observed in all mediums and in all economic fields, meaning that significant measures, contributions and changes at all management levels has to made in order to ensure market competitiveness and profitability. Small and medium enterprises (SMEs) are facing significant obstacles after financial recessions, especially in assuring the financial support needed to fulfil the shareholders goals and objectives. The current state of challenges lead naturally to the development of different strategies in order to achieve the proposed development goals and therefore also those of shareholders and investors. In this study, we propose a dynamic competitive strategy for SMEs with the purpose of increasing the levels of competitiveness in a global and interconnected economic context. After discussing the proposed model and determining its theoretical effects, we strive to analyse the types of actions needed to ensure correct and efficient implementation of proposed strategy. Further discussions regarding prevention of negative effects induced by auxiliary costs are also presented in this conducted study. This paper also concerned itself with the conceptual issues of economic and financial competitive strategies and emphasizes as well the necessity for a theoretical model framework embracing financial decisions.

This article sheds light on the identity and functions of the boxholders in the coastal theatres of part of the former Venetian republic at the turn of the 20th century, investigating which social categories were represented among them and in what economic terms of "ownership" they were related to the theatre. The boxholders held regular meetings. How were their assemblies organised? What was discussed? Those who paid a social fee for the opera season had a say in the works to be performed, the endowment to be granted to the impresario, and even the cost of admission tickets to the theatre. There were many disputes that could arise from these collective decisions; one event, however, managed to unify the intentions of the boxholders, namely what happened with the death of Giuseppe Verdi. There was a common intent to name many of the coastal theatres after the composer: was it just a tribute to a great artist or perhaps the desire to affirm the italianità of the shareholders in an area that perceived pressure from Croatian nationalists and the growing demands of the Habsburg monarchy for a "germanisation" or "slavicisation" of the territory?

The effect of environmental factors has engendered a lot of debate in the existing literature. This study examines the effect of environmental factors on SMEs performance in Ogun State, Nigeria. The study is premised on the dimensions of environmental factors, which are employees, shareholders, government support and competitive pressure. Survey research design, comprising of 218 business owners in Ijebu Ode and Ago-Iwoye, Ogun State, Nigeria was employed. The F-statistics (Fc = 32.931; P = 0.000) shows that environmental factors are strong determinants of SMEs performance. The findings further revealed that shareholders (Tc = 3.041; P < 0.05) and competitive pressure (Tc = -2.753; P < 0.05) are the critical factors determining SMEs performance in Ogun State, Nigeria while employees and government support are also significantly related to the performance of SMEs. Hence, business owners should pay more attention to the environment factors as well as competitive pressure and shareholders since these are the most critical measures of the environmental factors determining the performance of SMEs in Ogun State, Nigeria.