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Open Access
Article
Publication date: 11 March 2022

Haiyan Jiang, Jing Jia and Yuanyuan Hu

This study aims to investigate whether firms purchase directors' and officers' liability (D&O) insurance when the country-level economic policy uncertainty (EPU) is high.

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Abstract

Purpose

This study aims to investigate whether firms purchase directors' and officers' liability (D&O) insurance when the country-level economic policy uncertainty (EPU) is high.

Design/methodology/approach

This study uses D&O insurance data from Chinese listed firms between 2003 and 2019 to conduct regression analyses to examine the association between D&O insurance and EPU.

Findings

The results show that government EPU, despite being an exogenous factor, increases the likelihood of firms' purchasing D&O insurance, and this effect is more pronounced when firms are exposed to great share price crash risk and high litigation risk, suggesting that firms intend to purchase D&O insurance possibly due to the accentuated stock price crash risk and litigation risk associated with EPU. In addition, the results indicate that the effect of EPU on the D&O insurance purchase decision is moderated by the provincial capital market development and internal control quality.

Practical implications

The study highlights the role of uncertain economic policies in shareholder approval of D&O insurance purchases.

Originality/value

The study enriches the literature on the determinants of D&O insurance purchases by documenting novel evidence that country-level EPU is a key institutional factor shaping firms' decisions to purchase D&O insurance.

Details

China Accounting and Finance Review, vol. 24 no. 1
Type: Research Article
ISSN: 1029-807X

Keywords

Open Access
Article
Publication date: 18 June 2021

Mejda Bahlous-Boldi

This paper aims to investigate the link between agency costs mitigation via three levels of rights protection (minority rights protection, enforcing contracts, resolving…

1452

Abstract

Purpose

This paper aims to investigate the link between agency costs mitigation via three levels of rights protection (minority rights protection, enforcing contracts, resolving insolvency issues) provides the propitious climate for financing investment opportunities around the world.

Design/methodology/approach

We use Bartlett’s three-group method to stratify countries based on how well they protect investors as measured by the scores provided in the Doing Business dataset developed by the world bank for 189 countries. We then test a variety of independent hypotheses that the alleviation of agency costs via three levels of protection (minority investors’ rights, contract enforcement, resolving insolvency issues) is associated with better access to credit via the banking system, better valuation of listed firms via the stock market and higher investment and growth.

Findings

Our findings support Agency Theory which explains why the absence of legal protection of external investors leads to stock markets and financial institutions failing to fulfill their role of financing the economy.

Practical implications

The policy implication from this study indicates that countries ought to (1) develop legislation that protects investors’ rights, (2) improve the quality of their judicial system in terms of enforcing the legislation and (3) build the framework for resolving disputes during insolvency as these are important ingredients for a developed financial system.

Originality/value

We use the World bank dataset and a new methodology to quantify the significance of the relationship between minority rights protection, ineffective enforcement, lack of bankruptcy laws and access to firm financing via the banking sector and the stock market. It provides new evidence that the quality of the judicial system in a country matter for firms’ ability to raise financing and enhance value creation.

研究目的

本文旨在探討一個假設,該假設為透過三級別權利保障(保障少數群體的權利、執行合同、解決破產問題)的代理成本緩減會為世界各地的金融性投資機會提供良好的氣侯。

研究設計/方法/理念

我們以巴特利特(Bartlett)的三組法把國家分組,分組方法是基於該國家保障投資者的程度,而保障程度是以世界銀行為189個國家而制定的營商資料集內提供的評分來衡量的。我們把國家分組後,便就各樣的獨立假設進行測試。這些假設是:透過三級別保障(保障少數股權投資者的權利、合同的執行、解決破產問題)的代理成本緩減是連繫於透過銀行系統而產生的更佳信貸途徑,透過股市的更佳上市公司估值及更高的投資和增長。

研究結果

研究結果証實了代理理論,該理論說明為何當外來投資者沒有得到法律保障時,結果會導致股票市場和金融機構不能履行其為經濟提供資金的角色。

實際的意義

本研究具有政策方面的意義,因研究顯示了國家應該:(1)設立保障投資者權利的法律;(2)在執行法律方面,改善其司法系統的素質;(3)建立解決破產時爭議的體系。這些是應該做的,因它們是一個已發展的金融體制的重要元素。

研究的原創性/價值

本文強調了一個保障投資者權利的法律環境所需的三個特定要素:對少數股權投資者權利的保障、有效的執行、有效的破產法律及透過銀行部門和股票市場而取得公司融資。這提供新的證據, 證實這三級別權利保障對公司籌集資金及提高價值創造的能力而言至為重要。

Details

European Journal of Management and Business Economics, vol. 31 no. 3
Type: Research Article
ISSN: 2444-8451

Keywords

Content available
Article
Publication date: 11 May 2012

Chris Taylor

995

Abstract

Content available
Article
Publication date: 11 October 2021

Kadriye Bakirci and Graham Ritchie

The purpose of this paper is to provide an overview of evolving developments in international, regional and EU law including the UK and Turkish jurisdictions for the liability of…

Abstract

Purpose

The purpose of this paper is to provide an overview of evolving developments in international, regional and EU law including the UK and Turkish jurisdictions for the liability of corporate businesses for modern forms of exploitative labour practices described as the modern forms of slavery.

Design/methodology/approach

In the first part, this paper outlines international, regional and EU instruments, UK and Turkish jurisdictions in relation to modern forms of slavery. The second part reviews legal frameworks for corporate liability for modern forms of slavery.

Findings

Slavery, slavery-like practices or some other exploitative practices are prohibited by numerous international law instruments starting from 1904. Apart from old forms of defined exploitative practices, multiple relevant current exploitative practices, called contemporary or modern forms of slavery exist all over the world. Under various international or regional conventions signatory States have been held responsible for exploitative practices by the international or regional courts or supervisory bodies, yet businesses were largely overlooked as a participating partner in the global movement to eradicate modern forms of slavery. For many years, multi-national businesses have engaged with various voluntary international corporate social responsibility initiatives in response to demands to operate in a socially responsible manner. There is a growing global recognition of the role corporate businesses can and should play in tackling crime and exploitative practices. A number of initiatives at the international and EU level and the introduction of the California Transparency in Supply Chains Act, (2010 – effective from 2012), the UK Modern Slavery Act 2015, the French Act on Due Diligence of Corporations and Main Contractors 2017 (loi sur le devoir de vigilance), the Australian Commonwealth Modern Slavery Act 2018, the Dutch Child Labour Due Diligence Act 2019, (which is due to come into effect in mid-2022), reflect this recognition.

Originality/value

This paper argues that it is important for companies to use available tools, participate in joint initiatives and advocate for binding international and regional instruments and effective national legislation and action – all aimed at ending business involvement in modern forms of slavery.

Details

Journal of Financial Crime, vol. 29 no. 2
Type: Research Article
ISSN: 1359-0790

Keywords

Open Access
Article
Publication date: 25 May 2023

Peterson K. Ozili

This paper examines the association between corporate governance and financial inclusion in terms of correlation. This paper examines whether countries that have a strong…

1096

Abstract

Purpose

This paper examines the association between corporate governance and financial inclusion in terms of correlation. This paper examines whether countries that have a strong corporate governance environment also experience better financial inclusion outcomes.

Design/methodology/approach

The indicators of financial inclusion are automated teller machines (ATMs) per 100,000 adults, bank accounts per 1,000 adults and bank branches per 100,000 adults, while the indicators of corporate governance are extent of corporate transparency index, the extent of director liability index, the extent of disclosure index, the extent of ownership and control index, the extent of shareholder rights index, minority investors protection index and ease of shareholder suits index. The association was analyzed using Pearson correlation analysis and granger causality test.

Findings

Strong corporate governance is significantly associated or correlated with better financial inclusion outcomes. The regional analyses show that corporate governance has a significant positive association with financial inclusion in Asian countries and in Middle East countries. However, a positive and negative association was observed between some indicators of corporate governance and financial inclusion in European countries, North American countries, South American countries, African countries and in Middle East and North Africa (MENA) countries, implying that strong corporate governance has a positive and negative association with financial inclusion depending on the indicators of corporate governance and financial inclusion used. There is also evidence of uni-directional granger causality between corporate governance and financial inclusion.

Originality/value

Little is known about the association between corporate governance and financial inclusion. This paper is the first to examine this association.

Details

Journal of Money and Business, vol. 3 no. 1
Type: Research Article
ISSN: 2634-2596

Keywords

Content available
Article
Publication date: 1 March 2007

Stephen J. Schanz

Entrepreneurs starting new ventures will encounter a host of legal issues requiring consultation with an attorney on an episodic or ongoing basis. It is critical that careful…

Abstract

Entrepreneurs starting new ventures will encounter a host of legal issues requiring consultation with an attorney on an episodic or ongoing basis. It is critical that careful attention be given to the attorney selection process to properly match the needs of the company with the credentials of the attorney.Additionally, options should be explored regarding the billing and payment methodologies the attorney is willing to entertain. The financial resources and cash flow of young companies will likely have a direct impact on the financial agreements entered into with legal counsel. Further, companies desirous of offering the attorney a stake in the company as full or partial payment for legal services need to be mindful of ethical restrictions applicable to the lawyer, as well as exceptions to the lawyerʼs malpractice coverage arising from his or her role with the company

Details

New England Journal of Entrepreneurship, vol. 10 no. 2
Type: Research Article
ISSN: 2574-8904

Open Access
Article
Publication date: 18 June 2019

Ming-Te Lee and Kai-Ting Nien

The purpose of this paper is to address the opposing views of the relationship between directors’ and officers’ liability insurance (D&O insurance) and stock price crash risk in a…

1284

Abstract

Purpose

The purpose of this paper is to address the opposing views of the relationship between directors’ and officers’ liability insurance (D&O insurance) and stock price crash risk in a major Asian emerging stock market.

Design/methodology/approach

This paper finds an endogenous relationship between D&O insurance and stock price crash risk. Hence, the two-stage least squares regression analysis is used to address the endogeneity issue when the relationship is examined. Moreover, this paper further controls the quality of other corporate governance mechanisms to investigate whether D&O insurance still has an effect on stock price crash risk.

Findings

The effect of D&O insurance coverage is significantly negatively related to firm-specific stock price crash risk in Taiwan. More importantly, even when the quality of other corporate governance mechanisms is controlled, the negative relationship between D&O insurance coverage and firm-specific stock price crash risk remains significant. The evidence supports that D&O insurance serves as an effective external monitoring mechanism, strengthens corporate governance, and thus reduces stock price crash risk.

Originality/value

Emerging Asian markets suffer a dearth of research on the relationship of D&O insurance coverage and the firm-specific stock price crash risk. Investigating the relationship in Taiwan, the present study fills the research void. The findings show that D&O insurance plays an important role in reducing stock price crash risk of Taiwanese firms even when other corporate governance mechanisms are in place.

Details

Journal of Capital Markets Studies, vol. 3 no. 1
Type: Research Article
ISSN: 2514-4774

Keywords

Content available
Article
Publication date: 1 May 2006

Katherine Southby

57

Abstract

Details

Strategic Direction, vol. 22 no. 5
Type: Research Article
ISSN: 0258-0543

Content available
Article
Publication date: 18 April 2008

Tim Ratcliffe

1016

Abstract

Details

Strategic Direction, vol. 24 no. 5
Type: Research Article
ISSN: 0258-0543

Content available
390

Abstract

Details

Leadership & Organization Development Journal, vol. 26 no. 2
Type: Research Article
ISSN: 0143-7739

Keywords

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