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1 – 10 of over 76000The FSA will become the most powerful financial regulator in the world as a single agency responsible for the regulation and supervision of the full range of financial services…
Abstract
The FSA will become the most powerful financial regulator in the world as a single agency responsible for the regulation and supervision of the full range of financial services. While questions of institutional structure raise important issues, they are of second‐order importance compared with the general approach, style and intensity of regulation and supervision that regulators apply. The objective of the paper is to outline some general principles to guide the regulation and supervision of banks so as to maximise the probability of objectives being achieved, while at the same time minimising the potential costs.
This paper is a “viewpoint” article, and as such, the purpose of this paper is to present the author’s opinion and interpretation. Its primary purpose is to propose seven guiding…
Abstract
Purpose
This paper is a “viewpoint” article, and as such, the purpose of this paper is to present the author’s opinion and interpretation. Its primary purpose is to propose seven guiding principles for effective bank regulation so that these may be subject to academic criticism.
Design/methodology/approach
The principal theme of this paper has its origins in archival research into the nature of bank regulation in the UK in 25 to 30 years after the Second World War. This paper draws upon insights gained into the nature of bank regulation in the UK arising from that research. It focuses on what aspects of bank regulation were effective in that earlier period. It then attempts to convert those insights into underlying principles.
Findings
Seven principles are proposed as the starting point for a discussion as to the principles that should underpin effective bank regulation. The seven principles are set out in the introduction to the paper.
Originality/value
The framework for the regulation of banks in the UK and in many other countries is a complex one. The general trend in bank regulation in the UK in the past four decades has been technocratic, characterised by a preference for codified rules, which are often detailed and technically complex. It has also been characterised by the establishment, or further development, of intricate regulatory and supervisory structures at national, international and supranational levels. Scholarly attention has understandably been focused on those trends. Rather less attention has been given to the broader principles that might underpin and guide bank regulation. This paper seeks to contribute to that question.
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Fabian Maximilian Johannes Teichmann and Chiara Wittmann
This paper aims to examine the fundamental conditions which are necessary for the construction of a regulation which will affect a genuine advancement in the context of…
Abstract
Purpose
This paper aims to examine the fundamental conditions which are necessary for the construction of a regulation which will affect a genuine advancement in the context of environmental protection.
Design/methodology/approach
The component parts of an adequately built regulation are broken down to concretise the notion of efficacy – and its proposed universality – in a regulatory context. This paper takes a comparative approach of regulations and extends to include a consideration of the monitoring and enforcement of regulation as a necessary tenant of an effective regulation.
Findings
Sustainability regulations have seen a significant development in the 20th century. Notable remain the national discrepancies to so universal problem, as well as an inconsistent acknowledgement of the purpose of sustainability regulations beyond a tick-box compliance commitment.
Originality/value
The importance of sustainability has been amplified without a due consideration of what its translation into regulation must look like. This paper argues that no meaningful change can be lobbied without understanding how its practical implementation is performed.
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Walter van den Berg, Petru L. Curseu and Marius T.H. Meeus
– The aim of this paper is to test the moderating role of emotion regulation in the transformation of both task and process conflict into relationship conflict.
Abstract
Purpose
The aim of this paper is to test the moderating role of emotion regulation in the transformation of both task and process conflict into relationship conflict.
Design/methodology/approach
A field study of multi-teams systems, in which (94) respondents are engaged in interpersonal and inter-team interactions, was conducted to test the effects of the interaction of emotion regulation and task and process conflict on the emergence of relationship conflict in 23 multi-team client/supplier systems.
Findings
The findings show that when collective emotion regulation strategies are effective, process conflict is less likely to transform into relationship conflict. An emerging finding of this study shows that process conflict mediates the interaction between task conflict and emotion regulation on relationship conflict in multi-team systems.
Research limitations/implications
This study uses a relatively small number of projects and participants: further studies with larger samples are recommended; in addition, longitudinal studies would allow for further testing the effect of team longevity in the emergence of effective emotion regulation strategies.ct transforming into relationship conflicts.
Practical implications
The findings imply that managers of multi-team systems should actively try to stimulate their teams to develop effective emotion regulation strategies as effective emotion regulation mechanisms minimize the risk of process conflict transforming into relationship conflicts.
Originality/value
The paper looks at a real-world (as opposed to lab-situation) environment; it addresses a contingency model of intra-group conflict and tests the transformation of task and process conflicts into relationship conflict taking into account the moderating effect of emotion regulation.
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Stéphane Côté, Christopher T.H. Miners and Sue Moon
In organizations, it is common to talk about how wisely people manage their emotions. Even so, it is often not obvious whether a particular act of emotion regulation is wise or…
Abstract
In organizations, it is common to talk about how wisely people manage their emotions. Even so, it is often not obvious whether a particular act of emotion regulation is wise or unwise and, to date, research has provided little guidance to judge the wisdom of emotion regulation efforts. We develop a model that construes wise emotion regulation as a process that involves: (a) setting an effective emotion regulation goal, (b) choosing an appropriate strategy to achieve that goal, (c) implementing that strategy effectively, and (d) adapting emotion regulation over time. We also develop propositions linking emotional intelligence to wise emotion regulation. Finally, we discuss the implications of our model and propositions for research and practice.
Regulations to promote sanity in microfinance institutions and improve their operational problems yielded some results but lacked equal voice for effective implementation for its…
Abstract
Purpose
Regulations to promote sanity in microfinance institutions and improve their operational problems yielded some results but lacked equal voice for effective implementation for its full realization. Much therefore has not changed in sub-Sahara African countries, though various types of regulation for microfinance exist. The nature and implementation of such policies therefore matter more than their mere presence. This paper aims to evaluate the nature of microfinance financial policies, given their social nature and the dynamism of their operational environment, and explores factors mitigating effective implementation of microfinance policy in Ghana.
Design/methodology/approach
A structured questionnaire was used to obtain data from the management and other officials of 63 microfinance institutions, and the outcome was organized into graphs and tables for descriptive analysis.
Findings
The results identified adequate adapted prudential regulation for microfinance institutions, but the formulation process lacked user input and adequate supervision, hindering effective sector policy implementation. The author therefore recommends a more inclusive and participatory policy formulation approach, creation of information platform for complete microfinance data through semi-autonomous supervisory body for microfinance services and regular full stakeholder engagement.
Research limitations/implications
Though the study is limited to tier-two microfinance institutions in Accra, it is evident that the results can be applied to the entire sector and across national borders because microfinance institutions exhibit similar or same characteristics.
Originality/value
This paper has not been submitted to or published by any other journal. The author certifies that the content of this paper is the product of his own work, and that other sources used in preparing this paper and their respective sources have been duly acknowledged.
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Nikolai Mouraviev and Nada K. Kakabadse
– The purpose of this paper is to provide a critical assessment of legal and regulatory impediments to effective governance of public-private partnerships (PPPs) in Kazakhstan.
Abstract
Purpose
The purpose of this paper is to provide a critical assessment of legal and regulatory impediments to effective governance of public-private partnerships (PPPs) in Kazakhstan.
Design/methodology/approach
The qualitative study develops propositions from the PPP literature and then tests them against findings from in-depth interviews. Interviewees have been selected by a purposeful sampling from PPP projects in Kazakhstan as well as from national and regional PPP centres.
Findings
The identified barriers to effective PPP management include irregularities in the PPP legal framework, such as lack of legal definition of a PPP and controversy with the government guarantee’s legal status for its long-term payments to partnerships; bureaucratic tariff setting for partnership services; non-existent opportunity for private asset ownership; and excessive government regulation of PPP workers’ wage rates.
Practical implications
The partners’ opposing perspectives on a number of PPP issues show that management needs to identify and carefully reconcile stakeholder values in a partnership in order to achieve more effective PPP governance. Practitioners, particularly those in the public agencies, have to be concerned with ways to reduce the government overregulation of the private operators, which is likely to result in greater PPP flexibility in management and, ultimately, higher efficiency in delivering the public services.
Originality/value
By elucidating multiple examples of overregulation and PPPs’ inefficiency, the paper demonstrates that the government dominance in PPP management is conceptually inappropriate. Instead, the government should adopt the concept of co-production and manage its relations with the private sector partner in a collaborative fashion.
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Lennine Occhino, Linda Shore and Erika Gosker
The purpose of this paper is to describe interpretive and compliance issues arising under the Labor Department's interim final regulations under the statutory exemption for the…
Abstract
Purpose
The purpose of this paper is to describe interpretive and compliance issues arising under the Labor Department's interim final regulations under the statutory exemption for the provision of services provided by Section 408(b)(2) of ERISA, which will become effective on January 1, 2012.
Design/methodology/approach
The paper analyzes the published interim final regulations and considers significant comments filed in response to the proposed regulations.
Findings
Effective January 1, 2012, covered service providers who rely on the statutory exemption for the provision of services provided by Section 408(b)(2) must begin complying with the interim final amendments to the regulations under Section 408(b)(2) (the “Regulation”). Among other changes, the Regulation will require service providers to provide additional disclosures of direct and indirect compensation and to identify whether they expect that they will be providing services as a fiduciary or as a registered investment adviser. The primary purpose of the Regulation is to assist plan sponsors in evaluating service provider relationships, including total compensation that will be received by the service provider and conflicts of interests to which the service provider may be subject. The Regulation will apply to both new and existing service provider arrangements on January 1, 2012. Failure to comply with the Regulation may result in the assessment of excise taxes under Section 4975 of the Internal Revenue Code unless other exemptive relief is available. Service provider arrangements may be eligible for exemptive relief under certain other statutory and administrative exemptions.
Originality/value
The paper describes possible compliance issues that may arise under the Regulation and identifies and evaluates interpretive and compliance issues that have been noted since the proposed amendments were published.
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Johanna Macneil and Ziheng Liu
The purpose of this paper is to explain progress, or the lack of it, in achieving workplace gender equality goals prescribed by affirmative action regulation by using concepts…
Abstract
Purpose
The purpose of this paper is to explain progress, or the lack of it, in achieving workplace gender equality goals prescribed by affirmative action regulation by using concepts from soft regulation and organizational learning.
Design/methodology/approach
The research design is a longitudinal study (2002-2012) of a critical case, that of a single large organization in the male-dominated steel manufacturing, distribution and mining industries. The case focusses on the evidence about organizational learning to be found in that organization’s reports to government on its activities to promote workplace gender equality.
Findings
While other factors play a role, the apparent failure of the soft regulation to generate a significant shift in gender equality outcomes may also be attributed to ineffective organizational learning, demonstrated by the absence of systematic reflection within the organization on how to improve workplace gender equality, and the lack of firm targets and external benchmarking.
Research limitations/implications
Self-reported data may be overstated or incomplete. More research is needed to confirm the nature of the specific learning processes occurring within organizations.
Practical implications
Absent the advent of hard sanctions in workplace gender equality regulation, the responsible government agencies may find it valuable to focus on ways to encourage target organizations to develop competence in organizational learning.
Social implications
More effective gender equality regulation may change organizational policy and practice and improve work opportunities for women.
Originality/value
Rather than concluding that the only alternative, when soft regulation is unsuccessful, is hard regulation, this paper shifts the focus to ways that soft regulatory processes might be improved to strengthen their effect.
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This paper aims to explore an alternative approach to regulation for addressing governance problems relating to director and executive remuneration in publicly listed firms. The…
Abstract
Purpose
This paper aims to explore an alternative approach to regulation for addressing governance problems relating to director and executive remuneration in publicly listed firms. The author investigates the development of hybrid regulatory framework, composed of state regulation and self-regulation, for remuneration governance in Australia.
Design/methodology/approach
The synthesis of constructs borrowed from agency and institutional theories and its contextual analysis examines the effectiveness of formal (state regulation) and informal (self-regulation) institutions for the development of a hybrid of regulation. Thereafter, the author examines the impact of hybrid regulation on remuneration disclosure behavior in Australia.
Findings
The author finds that improvement in disclosure is primarily driven by the establishment of remuneration committees and separate role of chief executive officer (CEO) and chairperson but weakened by the presence of CEO at remuneration committee and presence of remuneration consultant.
Originality/value
Global crises have called for greater transparency and protection of investors through state regulation alone. However, corporate governance, being a social practice that is shaped by diverse interests, calls for a holistic approach. A useful contribution of this study is that through an in-depth examination into the stages and actors of the government interventions involving the balancing of tension between conflicting forces, it provides insights for developing an effective regulatory hybrid which has greater acceptance for corporate governance. In conclusion, it implies the significance of priming the social arena through active engagement of diverse market forces prior to introducing state regulation.
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