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Book part
Publication date: 18 April 2011

Lan Jiang

China has achieved continuous economic growth and become more integrated with the global economy since the start of the current financial crisis in late 2008. As the second…

Abstract

China has achieved continuous economic growth and become more integrated with the global economy since the start of the current financial crisis in late 2008. As the second largest economy in the world, China's political policies, economic and social development have influence on global economy. Attention has been paid worldwide to the current Chinese legal system, political policies and the development of economic reform since China entered the World Trade Organisation in November 2001. The corporate governance reform is the centre of the enterprise reform. In September 1999, The Fourth Plenum of the Chinese Communist Party's 15th central Committee identified that corporate governance is the core of the modern enterprise system. In recent years China has made significant progress in developing the foundations of a modern corporate system. There are more than 1,200 companies which have successfully diversified their ownership through public listing and 80% of small and medium size companies have been transformed into non-state-owned enterprises. More and more state-owned enterprises are on the way to transforming into corporations. China has formed a legal framework for corporate governance.

Details

Governance in the Business Environment
Type: Book
ISBN: 978-0-85724-877-0

Article
Publication date: 12 February 2018

Chrispas Nyombi

This paper aims to provide guidance to law reformers in Uganda on the best approach to insolvency law reform and the objectives that should be furthered.

Abstract

Purpose

This paper aims to provide guidance to law reformers in Uganda on the best approach to insolvency law reform and the objectives that should be furthered.

Design/methodology/approach

This paper provides a literature review.

Findings

A balance of various objectives serves the purpose of a modern insolvency law system.

Originality/value

These findings would enable future reforms in Uganda to be streamlined towards a particular objective rather than a general approach to insolvency regulation.

Details

International Journal of Law and Management, vol. 60 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Book part
Publication date: 4 July 2019

Vladimira Dolinskaya, Alla Kalinina, Agnessa Inshakova and Alexander Goncharov

The basis of the analysis carried out in this part of the work was the normative and advisory sources included in the system of Russian law in the sphere of corporate conflicts…

Abstract

Materials

The basis of the analysis carried out in this part of the work was the normative and advisory sources included in the system of Russian law in the sphere of corporate conflicts regulation.

For the purpose of a comprehensive study of the existing norms and the definition of promising trends in their development, the provisions of policy acts of a strategic nature, such as the concept of development of the legislation of the Russian Federation for the period 2008–2011 and the concept of 2016 to improve the legislation of the Russian Federation for the period up to 2021 were studied.

The study examined the provisions of industry-specific codified acts of both regulatory and advisory nature, such as the civil code of the Russian Federation, the code of corporate conduct (now invalid), and the code of corporate governance, approved by the Board of Directors of the Central Bank of Russia from April 10, 2014.

Among the special Federal laws that form the basis of positive legal regulation of corporate conflicts are: Federal law No. 205-FL “On amendments to certain legislative acts of the Russian Federation”; Federal law No. 82-FL of May 19, 1995, “on public associations”; Federal law No. 193-FL of December 8, 1995, “on agricultural cooperation”; Federal law No. 7-FL of January 12, 1996, “on non-profit associations”; Federal law No. 79-FL of July 27, 2004, “on the state civil service of the Russian Federation”; Federal law No. 7-FL “on non-profit associations” of December 25, 2008, g. 273-FL “on combating corruption”; the Federal law of March 2, 2007 No. 25-FL “on municipal service in the Russian Federation.”

In the course of the study, the authors actively formed an empirical base and turned to judicial and arbitration practice, which were: the Decision of the Constitutional Court of the Russian Federation of July 18, 2003, No.14-P “in the case of verification of the constitutionality of the provisions of Article 35 of the Federal law “on joint stock companies,” Articles 61 and 99 of the civil code of the Russian Federation, Article 31 of the tax code of the Russian Federation, and Article 14 of the Arbitration procedural code of the Russian Federation; the Decision of the Constitutional Court of the Russian Federation of March 15, 2005. No.3-P “in the case of verification of the constitutionality of the provisions of paragraph 2 of Article 278 and Article 279 of the Labor Code of the Russian Federation and paragraph 2 of paragraph 4 of Article 69 of the Federal law” on joint stock companies; resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of June 20, 2007, No. 40 “on some issues of practice of the provisions of the legislation on transactions with interest” ; resolution of the Plenum of the Supreme Court of the Russian Federation of June 26, 2018, No.27 “on challenging major transactions and transactions in which there is an interest”; Resolution of the FAS of the Ural district of June 23, 2004, No. F09-1854/04-CL, etc.

The concept of “conflict” in terms of etymology, as well as social conflictology and social sciences is studied in the chapter on the example of the works of L. Coser, J. Von Neumann, N. Morgenstern, V. Yadov, T. V. Novikova, etc.

Studying corporate conflicts in legal doctrine, the authors turned to the works of D. I. Dedov and A. A. Kirillov.

The theory of interest and “legally protected interests” were studied thanks to the works of Rudolf von Ihering, who as the main idea behind the development of mechanisms for their balance. In the Russian doctrine, the issues of subjective and legitimate interests were developed in the works of Y. S. Gambarov, V. P. Gribanov, N. M. Korkunova, and G. F. Shershenevich.

The essence of socially significant interests that receive legal regulation from the state and become legal (legal) interests was studied on the basis of the works of N. V. Vitruka, R. E. Gukasyan, O. S. Ioffe, E. A. Krasheninnikova, and N. I. Matuzova.

Methods

The methodological basis of the study was a set of general and particular scientific research methods: observation, complex and diversified analysis, synthesis, analogy, comparison, explanation, proof, induction, deduction, reduction, elementalism, systematic approach, methods of comparative law, specific sociological research, historical, logical, statistical, etc.

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“Conflict-Free” Socio-Economic Systems
Type: Book
ISBN: 978-1-78769-994-6

Article
Publication date: 1 January 1999

Barry A.K. Rider

In recent years the divide between areas of law, which have hitherto been perceived, in most systems of jurisprudence, as relatively and mutually distinct, has narrowed and in…

Abstract

In recent years the divide between areas of law, which have hitherto been perceived, in most systems of jurisprudence, as relatively and mutually distinct, has narrowed and in some instances all but disappeared. This tendency is perhaps no more dramatically illustrated than in, which for a better description, might be termed the area of financial regulation. When the present author started teaching a course in the University of Cambridge on financial services regulation in 1979, the perception among those of his colleagues who regarded such things, was that this formed part of the corpus of corporate law. Of course, this analysis is only partly justified, and beyond the area of corporate finance law is misconceived. On the other hand, the commercial lawyers, who — at least in Cambridge, have been regarded or perhaps more accurately tolerated, as being a little more academically respectable than pure corporate lawyers, were distinctly unsympathetic to the notion that financial services law is in part akin to banking law and therefore a subject more suited to mercantile law. Given the author's predilection to weigh more heavily those aspects of the law that are protective of society, rather than facilitative of enterprise, it is not surprising that he ventured more and more into the realm of prohibitions, sanctions and even the criminal law. Take for example, the abuse of price sensitive information obtained by those in a confidential position, by virtue of that privileged relationship, to trade on the basis of that information in corporate securities — in other words, insider dealing. Is this properly regarded as a matter for the traditional law relating to directors and officers, and thus, company law, or given the fact that most countries today seek to curb such activity on the basis that it harms confidence in the integrity of public markets, a matter of public, and in particular criminal law? While such a debate may appear somewhat academic, even if it does result in the demarcation of courses and the like, it can and occasionally does have a very real practical significance. For example, in some jurisdictions, such as the USA, the Federal Legislature is competent to legislate on matters pertaining to international trade and finance, and thus the protection of the markets, but not matters of traditional company law. On the other hand, it has been contended in jurisdictions such as Canada that given the uncertainty attaching to the Federal Legislature's competence in regard to the financial markets, it is better to consider insider abuse as a matter of company law. Similar issues arise in the context of the competence of specific organs of the European Union and, of course, are not uncommon in the demarcation of competence between domestic agencies, whether of law reform or enforcement.

Details

Journal of Money Laundering Control, vol. 2 no. 3
Type: Research Article
ISSN: 1368-5201

Book part
Publication date: 27 January 2022

Jeroen Veldman and Hugh Willmott

We explore the significance of social ontology and its capacity to inform the specification of organizational status, architecture and capacities. We consider how different…

Abstract

We explore the significance of social ontology and its capacity to inform the specification of organizational status, architecture and capacities. We consider how different conceptions of social ontology are critical for explicating a range of epistemological and socio-economic questions concerning organizations and develop a research agenda oriented to studying these issues from the perspective of management and organization studies.

Details

The Corporation: Rethinking the Iconic Form of Business Organization
Type: Book
ISBN: 978-1-80043-377-9

Keywords

Article
Publication date: 8 February 2016

Ibrahim El-Sayed Ebaid

This study aims to examine whether the adoption of International Financial Reporting Standards (IFRS) leads to accounting quality improvements in Egypt as a code-law country. In…

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Abstract

Purpose

This study aims to examine whether the adoption of International Financial Reporting Standards (IFRS) leads to accounting quality improvements in Egypt as a code-law country. In particular, the study examines earnings management, the construct often used to assess accounting quality.

Design/methodology/approach

The study compares earnings management practice for Egyptian listed companies before (2000-2006) and after (2007-2009) the adoption of IFRS.

Findings

The findings of the study reveal that accounting quality, as measured by earnings management, has decreased in post-adoption period compared to pre-adoption period. IFRS are set up to provide high-quality financial reporting. However, this cannot be achieved solely by a regulatory requirement to follow. The accounting system is a complementary component of the country’s overall institutional system. Institutional improvements did not simultaneously take place by the Egyptian government around the adoption of IFRS. The Egyptian government did not introduce a more effective enforcement system, mandatory corporate governance regulations, investor protection mechanisms and sufficient institutional knowledge of IFRS during that period. Thus, even if IFRS are higher quality standards, the institutional features of Egyptian market could eliminate any improvement in accounting quality arising from adopting IFRS.

Research/limitations/implications

The results of the study are consistent with prior research suggesting that the adoption of IFRS, which are generally perceived to be of higher quality than domestic standards, does not necessarily lead to higher accounting quality in code-law countries like Egypt. The overall results indicate that incentives dominate accounting standards in determining accounting quality in Egypt.

Originality/value

The main reason why countries adopt IFRS invariably is to improve accounting quality. It is, therefore, of interest to ascertain if this goal has been met, especially, in code-law countries such as Egypt.

Details

Journal of Financial Regulation and Compliance, vol. 24 no. 1
Type: Research Article
ISSN: 1358-1988

Keywords

Article
Publication date: 1 March 2002

Ian P. Dewing and Peter Russell

This paper examines latest thinking and new developments in the regulatory framework for statutory audit at European Union (EU) level. It follows an earlier paper, published in…

Abstract

This paper examines latest thinking and new developments in the regulatory framework for statutory audit at European Union (EU) level. It follows an earlier paper, published in this journal. Since 1999 when the paper was drafted, even more developments have occurred both at an EU level and in the USA, which are likely to have a significant impact on statutory audit in the EU in years to come. Latest developments are reviewed in three areas: profession related issues; company law issues; and, accounting and auditing standards. The paper concludes that significant advances have been made towards completion of the regulatory framework of statutory audit in the EU. What remains of concern is a lack of progress towards adoption of international auditing standards. Unless financial statements are both prepared and audited in the same way, it is difficult to see how financial information in the EU can ever be truly harmonised.

Details

Journal of Financial Regulation and Compliance, vol. 10 no. 1
Type: Research Article
ISSN: 1358-1988

Keywords

Article
Publication date: 1 April 2005

Abdulla K. Al‐Qahtani

To create an all‐round picture of the accounting and auditing requirements in Gulf Cooperation Council (GCC) countries.

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Abstract

Purpose

To create an all‐round picture of the accounting and auditing requirements in Gulf Cooperation Council (GCC) countries.

Design/methodology/approach

Presents a range of related articles on the commercial laws of each state, and the announcements and publications of the Saudi Organisation for Certified Public Accountants (SOCPA), which aim at providing a general background about the development of accounting in GCC countries.

Findings

The related issues in financial and accounting reporting in GCC countries are incorporated in the auditing profession through the codes of commercial law.

Research limitations/implications

The methods of collecting information were restricted to accounting laws and source documents. Interviews would have been useful in bringing to the surface the function of accounting in GCC countries, given that they are based on interactions.

Practical implications

The paper recognises the effect of the interest groups in the regulation of accounting in GCC countries and that accounting is a social and a political phenomenon.

Originality/value

The paper provides convenient comparisons about accounting and auditing between GGC countries.

Details

Managerial Auditing Journal, vol. 20 no. 3
Type: Research Article
ISSN: 0268-6902

Keywords

Article
Publication date: 1 February 1994

PETER WILLIS

The paper seeks to address the problems facing securities regulators arising from the internationalisation of markets by considering the efficacy of three means of effecting…

Abstract

The paper seeks to address the problems facing securities regulators arising from the internationalisation of markets by considering the efficacy of three means of effecting international uniformity or harmonisation of the substantive rules of law for securities and their enforcement. These are multilateral arrangements, bilateral arrangements and mutual recognition and harmonisation of securities laws. In doing so, the paper examines a number of current arrangements for international cooperation on securities regulation and enforcement, in particular Australia's use of MOUs and its adaptation of the Corporations Law.

Details

Journal of Financial Regulation and Compliance, vol. 2 no. 2
Type: Research Article
ISSN: 1358-1988

Content available
Article
Publication date: 16 January 2009

Tim Ratcliffe

637

Abstract

Details

Strategic Direction, vol. 25 no. 2
Type: Research Article
ISSN: 0258-0543

1 – 10 of over 82000