Search results

1 – 10 of over 13000
Article
Publication date: 1 January 1978

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…

1374

Abstract

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

Details

Managerial Law, vol. 21 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 June 1972

ARRANGEMENT OF REGULATIONS

Abstract

ARRANGEMENT OF REGULATIONS

Details

Managerial Law, vol. 12 no. 3
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 27 November 2023

Justin G. Davis and Miguel Garcia-Cestona

Motivated by rapidly increasing CEO age in the USA, the purpose of this study is to analyze the effect of CEO age on financial reporting quality and consider the moderating role…

Abstract

Purpose

Motivated by rapidly increasing CEO age in the USA, the purpose of this study is to analyze the effect of CEO age on financial reporting quality and consider the moderating role of clawback provisions.

Design/methodology/approach

This study uses a data set of 18,492 US firm-year observations from 2003 to 2019. Financial reporting quality is proxied with accruals-based and real activities earnings management measures, and with financial statement irregularities, measured by applying Benford’s law to financial statement line items. A number of sensitivity tests are conducted including the use of an instrumental variable.

Findings

The results provide evidence that financial statement irregularities are more prevalent when CEOs are older, and they suggest a complex relation between CEO age and real activities earnings management. The results also suggest that the effect of CEO age on financial reporting quality is moderated by the presence of clawback provisions which became mandatory for US-listed firms in October 2022.

Originality/value

This study is the first, to the best of the authors’ knowledge, to consider the effect of CEO age on financial statement irregularities and earnings management. This study has important implications for stakeholders evaluating the determinants of financial reporting quality, for boards of directors considering CEO age limitations and for policymakers considering mandating clawback provisions, which recently occurred in the USA.

Details

Journal of Financial Reporting and Accounting, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1985-2517

Keywords

Article
Publication date: 6 March 2019

Matteo P. Arena and Nga Q. Nguyen

The purpose of this paper is to study the relation between compensation clawbacks and lawsuits and analyze how these two corporate disciplinary forces interact. This paper…

Abstract

Purpose

The purpose of this paper is to study the relation between compensation clawbacks and lawsuits and analyze how these two corporate disciplinary forces interact. This paper hypothesizes that by allowing firms to recoup compensation from managers who breach their fiduciary duty, clawbacks provide a form of discipline that potentially reduces the likelihood of managerial wrongdoing, which, in turn, lowers the risk of corporate lawsuits.

Design/methodology/approach

This paper identifies whether or not a company in the S&P 1500 had a clawback policy between 2007 and 2014 by searching the company filings and press releases. The authors also construct different proxies for litigation risk and lawsuit outcomes using the Audit Analytics Database. They then perform a variety of empirical tests to examine the association between clawbacks and litigation risk and the association between clawbacks and litigation outcomes.

Findings

This paper finds that firms with higher litigation risk are more likely to adopt a clawback policy. In addition, after the adoption of clawback provisions, litigation risk significantly declines, suggesting that clawback policies are effective in reducing the likelihood of corporate lawsuits. Furthermore, firms with clawback policies are approximately 50 per cent more likely to have lawsuits against them dismissed or settled for lower amounts (approximately 12 per cent lower).

Practical implications

The findings of this paper provide insights to the efficacy of a current change in compensation regulation, the mandatory clawback adoption requirement by the Dodd–Frank Act of 2010.

Originality/value

This paper contributes to the literature on both clawbacks and litigation, as it is the first to analyze the relation between the two.

Details

Journal of Financial Regulation and Compliance, vol. 27 no. 1
Type: Research Article
ISSN: 1358-1988

Keywords

Article
Publication date: 9 June 2021

Kahkashan Mahmood, Yasser Barghathi and Alhashmi Aboubaker Lasyoud

For investors to wholeheartedly entrust their finances to the supposed executives, there is the need to set up policies to checkmate the excesses of such executives, hence…

Abstract

Purpose

For investors to wholeheartedly entrust their finances to the supposed executives, there is the need to set up policies to checkmate the excesses of such executives, hence clawback policy. This study aims to explore the perceptions of professionals regarding the impact of clawback provisions on earnings management (EM) and financial reporting quality in the context of the United Arab Emirates (UAE).

Design/methodology/approach

The application of a qualitative approach in an EM is of great significance in this study. For convenience, perceptions of the professionals were collected through semi-structured face-to-face interviews, internet forums and telephone conversations from which the data were initially transcribed and analyzed using thematic analysis.

Findings

The findings of the study indicate that clawbacks will have a significant impact on EM and financial reporting quality, and apart from this, other firm-level factors have also been supporting clawbacks.

Practical implications

EM has been a widespread practice; this research may potentially assist directors and regulatory bodies to comprehend factors that should be considered to reduce it. It may also provide practical insights from professionals regarding clawbacks and their bearing on EM and the quality of financial information from an emerging economy perspective.

Originality/value

A significant gap in the contemporary literature regarding the impact of clawback provisions on EM and financial reporting quality has been filed by this work, in the context of the UAE economy. Consequently, it provides a great insight into the effect of clawback in a business setting and how it can help checkmate the excesses of company executives.

Details

Qualitative Research in Financial Markets, vol. 13 no. 3
Type: Research Article
ISSN: 1755-4179

Keywords

Article
Publication date: 15 June 2012

Jie Huang

After Ma Yingjeou's re‐election in 2012, Mainland China and Taiwan will continue cooperation in economic fields. The purpose of this paper is to undertake research on a bilateral…

Abstract

Purpose

After Ma Yingjeou's re‐election in 2012, Mainland China and Taiwan will continue cooperation in economic fields. The purpose of this paper is to undertake research on a bilateral investment agreement (BIA) between Mainland China and Taiwan.

Design/methodology/approach

The paper uses statistics to demonstrate the growing cross‐strait investment and incompetent contemporary investment protection mechanisms in Mainland China and Taiwan. The paper also compares laws in Mainland China and Taiwan and the investment protection agreements concluded by Mainland and Taiwan with other countries, respectively.

Findings

Based on the similarities of current laws and the investment protection agreements concluded by Mainland China and Taiwan with other countries, respectively, Mainland China and Taiwan can possibility agree upon major provisions of a BIA. Solutions are provided to both macro and micro challenges against a successful BIA.

Research limitations/implications

It is hard to predict whether the BIA will promote political integration between Mainland China and Taiwan in the near future.

Practical implications

A BIA can boost investors' confidence.

Social implications

This paper may serve as a humble reference for both the Mainland China and Taiwan government when negotiating the BIA.

Originality/value

Cross‐strait investment is an important and prosperous field in practice, but has not been fully explored in literature thus far. This Article aims to fill this gap.

Details

Journal of Chinese Economic and Foreign Trade Studies, vol. 5 no. 2
Type: Research Article
ISSN: 1754-4408

Keywords

Article
Publication date: 13 April 2010

Vince Mangioni

This paper aims to articulate the emerging and non‐descript purposes “referred to as public purposes” for which land and property may be acquired within Australia and…

Abstract

Purpose

This paper aims to articulate the emerging and non‐descript purposes “referred to as public purposes” for which land and property may be acquired within Australia and internationally using compulsory acquisition laws.

Design/methodology/approach

In demonstration the emergence of non‐descript purposes for which land is being acquired, a reflective case study in the USA, has been used to both highlight the broad nature of public purposes as well as the emerging trend of land acquired for site assembly and on‐sale to private developers.

Findings

The main findings of this paper are threefold. The first finding is the extent of public resistance and backlash to what is seen as a threat to the tenure of land and property rights. The second finding is the perceived abuse of land acquisition powers by government for site assembly and on‐sale of land for purposes beyond the provision of traditional public infrastructure. The final finding is the lack of adequate compensation or framework for the provision of compensation in the form of reinstatement for parties dispossessed of their property.

Originality/value

A “just term parity value” framework and model has been developed to evoke and provide a way forward in the provision of compensation which includes the provision of re‐instatement for property owners dispossessed of their property.

Details

Property Management, vol. 28 no. 2
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 1 March 1997

Nigel Almond and Frances Plimmer

Compulsory purchase is a subject which, over the past decade, has received much attention, particularly with major infrastructure schemes such as the Channel Tunnel and the…

883

Abstract

Compulsory purchase is a subject which, over the past decade, has received much attention, particularly with major infrastructure schemes such as the Channel Tunnel and the associated rail link. Examines an area of compulsory acquisition which has received scant attention; that of acquisitions by agreement. Outlines the research focusing mainly on public sector organizations. Outlines the legal and statutory background to acquisitions by agreement; and more importantly the reasons why an authority will choose to pursue the route of acquiring by agreement, as opposed to acquiring by compulsory purchase, particularly when both options are available. Also considers the advantages, and disadvantages, to both the acquiring authority and vendor in acquisitions by agreement.

Details

Property Management, vol. 15 no. 1
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 8 February 2016

Eghosa Osa Ekhator and Linimose Anyiwe

This paper aims to explore the laws that govern Foreign Direct Investment (FDI) in Nigeria. The history of company law and the rise of multinational corporations clearly…

1349

Abstract

Purpose

This paper aims to explore the laws that govern Foreign Direct Investment (FDI) in Nigeria. The history of company law and the rise of multinational corporations clearly illustrate the attempts by the Nigerian Government to encourage the inflow of FDI. The different stages of Nigeria’s legal development will be examined in this paper and subsequently an assessment of the laws regulating FDI in the different investment sectors will be in focus.

Design/methodology/approach

This paper uses a doctrinal approach by undertaking a sectorial analysis of different sectors or segments of the Nigerian economy highlighting their various regulatory frameworks. The agricultural, steel, banking, employment and oil sectors is focussed in this paper.

Findings

This paper demonstrates that for FDI to have positive impacts on the different sectors of the Nigerian economy, the various laws regulating the different sectors should be amended to reflect current realities.

Originality/value

This paper provides a fresh illumination or analysis to the legal barriers inhibiting FDI in Nigeria. It does this by highlighting the various laws affecting FDI in different sectors of the Nigerian economy.

Details

International Journal of Law and Management, vol. 58 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 27 July 2018

Idu Robert Egbenta and Francis P. Udoudoh

Valuation for compensation on land and buildings compulsorily acquired for public purposes is statutory. The Land Use Act (LUA) of 1978 now cited as Laws of the Federation of…

Abstract

Purpose

Valuation for compensation on land and buildings compulsorily acquired for public purposes is statutory. The Land Use Act (LUA) of 1978 now cited as Laws of the Federation of Nigeria, CAP l5 LFN 2007, stipulates the use of Depreciated Replacement Cost (DRC) Method in the valuation for compensation purposes for building and installation. The purpose of this paper is to criticize the application of the DRC technique in the valuation by acquiring authority as it does not arrive at fair market value and adequate compensation in Nigeria.

Design/methodology/approach

The method adopted for the study was a case study of real world valuation for compensation. Data used in the study were gathered mainly from government ministries and agencies responsible for land acquisition and compensation purposes. They included the Ministry of Lands and Housing, Land Use and Allocation Committee, and Ministry of Works and Transport. Market data on rental value, sales prices and other relevant data were collected from firms of professional that deal in real property.

Findings

The result of the study reveals that valuation by acquiring authority using DRC methods as prescribed by the LUA does not reflect market value and it is inadequate to put the claimants in the position they were before the acquisition. As such, most victims expressed dissatisfaction with the amount paid to them, which sometimes result to crisis, conflict and prolonged litigation, resulting in delay in executing or abandonment of the intended project.

Research limitations/implications

The study is limited to only one case study on acquisition and compensation for land and buildings with particular reference to Akwa Ibom State. This limitation does not invalidate the result as the law is applicable to the whole country.

Practical implications

The implication is that the LUA needs to be review to fair market value as basis of valuation and payment for site value as well as the constitution to add “adequate” to Section 44 (1a). This will reduce the incidence of many communities and land owners protest against the decision of government or its agents to acquire their land for public purposes.

Originality/value

The methodology meets the requirement of the law regarding compulsory land acquisition and compensation in Nigeria: The LUA of 1978. Using three scenarios: the valuation by acquiring authority, claimant’s valuers and independent valuers to illustrate the critique of the methodology, the result shows the inadequacy of compensation.

Details

Property Management, vol. 36 no. 4
Type: Research Article
ISSN: 0263-7472

Keywords

1 – 10 of over 13000