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1 – 10 of 968Family constitutions are relatively new to the law of family companies, although there might have been forerunners in the history of entrepreneur families. The practical…
Abstract
Family constitutions are relatively new to the law of family companies, although there might have been forerunners in the history of entrepreneur families. The practical importance and the proliferation of family constitutions in German family companies are increasing, along with the discussion of family constitutions in legal literature. This new instrument of family governance is not law driven but business driven, it has been designed by business advisors. Its analysis and classification are still at the very beginning in academic research and practice. Even though family constitutions are generally deemed to be without any legal effect and not legally binding, from a legal point of view, this assumption is at least highly questionable.
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This paper aims to provide empirical evidence on the extent of alteration institutional characteristics, i.e. legal origin and corruption levels, may have on the signaling effects…
Abstract
Purpose
This paper aims to provide empirical evidence on the extent of alteration institutional characteristics, i.e. legal origin and corruption levels, may have on the signaling effects of auditors’ reputation, underwriters’ reputation and ownership retention on initial public offering (IPO) initial returns in OECD countries.
Design/methodology/approach
Cross-sectional data composed of 6,182 IPOs from 30 OECD countries are used for 2003-2012. Ordinary least square with multiple linear regressions is used to test the hypotheses.
Findings
The findings indicate that the legal framework and corruption level of a country alters the signaling effects of underwriters’ reputation, auditors’ reputation and ownership retention in an IPO environment. These three variables mitigate information asymmetry, signal firm value to potential investors and ultimately decrease IPO initial returns. This relationship is more significant in the civil law countries. Corruption levels negatively moderate the relationship in the common law and Scandinavian civil law countries but have no significance in the German and French civil law countries, indicating the importance of the signaling variables in these two civil law countries.
Originality/value
This study examines the extent of the alterations that the legal framework and the corruption levels cause to the signaling relationship between auditors’ reputation, underwriters’ reputation and ownership retention on IPO initial returns in selected OECD countries.
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Since the European Union’s (EU) Charter of Fundamental Rights became binding in 2009, data protection has attained the status of a fundamental right (Article 8) throughout the EU…
Abstract
Since the European Union’s (EU) Charter of Fundamental Rights became binding in 2009, data protection has attained the status of a fundamental right (Article 8) throughout the EU. This chapter discusses the relevance of data protection in the context of security. It shows that data protection has been of particular relevance in the German context – not only against the backdrop of rapidly evolving information technology, but also of the historical experiences with political regimes collecting information in order to oppress citizens.
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David Alexander, Hélène de Brébisson, Cristina Circa, Eva Eberhartinger, Roberta Fasiello, Markus Grottke and Joanna Krasodomska
Accounting practices vary not only across firms, but also across countries, reflecting the respective legal and cultural background. Attempts at harmonization therefore continue…
Abstract
Purpose
Accounting practices vary not only across firms, but also across countries, reflecting the respective legal and cultural background. Attempts at harmonization therefore continue to be rebuffed. The purpose of this paper is to argue that different wordings in national laws, and different interpretations of similar wordings in national laws, can be explained by taking recourse to the philosophy of language, referring particularly to Searle and Wittgenstein.
Design/methodology/approach
The example of the substance over form principle, investigated in seven countries, is particularly suitable for this analysis. It is known in all accounting jurisdictions, but still has very different roots in different European countries, with European and international influences conflicting, which is reflected in the different wording of the principle from one country to the next, and the different socially constructed realities associated with those wordings.
Findings
This paper shows that, beyond accounting practices, the legal and cultural background of a country affects the wording of national law itself. The broad conclusion is that different socially constructed realities might tend to resist any attempt at harmonized socially constructed words.
Originality/value
The paper contributes to the debate surrounding the possible homogenization of accounting regulations, illustrating the theory of the social construction of both “reality” and “language” on the specific application of one common principle to various Member State environments.
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Putri Anindya Listya Purwa and Doddy Setiawan
This paper aims to investigate the relation between gender and accounting conservatism in banking industry using cross-countries study.
Abstract
Purpose
This paper aims to investigate the relation between gender and accounting conservatism in banking industry using cross-countries study.
Design/methodology/approach
The study use cross-country data in banking industry. Sample of the study consists of 202 banks from 24 countries in the period 2016–2017.
Findings
The result of the study indicates that banks that operate in high masculine society are less conservative than banks that operate in low masculine society (feminine).
Originality/value
This research suggests that investors could consider investing in a country that has low masculinity (feminine) because it is more concerned with the protection of other society members through conservative choice as a protection from misleading decisions made based on too optimistic financial report.
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This study aims to investigate why anti-corruption statutes are not efficient in Nigeria’s upstream petroleum industry.
Abstract
Purpose
This study aims to investigate why anti-corruption statutes are not efficient in Nigeria’s upstream petroleum industry.
Design/methodology/approach
This study is a doctrinal legal research that embraces a point-by-point comparative methodology with a library research technique.
Findings
This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Finally, this study finds that anti-corruption organisations in Nigeria are not efficient due to non-existence of the Federal Government’s political will to fight corruption, insufficient funds and absence of stringent implementation of the anti-corruption legal regime in the country.
Research limitations/implications
Investigations reveal during this study that Nigerian National Petroleum Corporation (NNPC) operations are characterised with poor record-keeping, lack of accountability as well as secrecy in the award of oil contracts, oil licence, leases and other financial transactions due to non-disclosure or confidentiality clauses contained in most of these contracts. Also, an arbitration proceeding limit access to their records and some of these agreements under contentions. This has also limited the success of this research work and generalising its findings.
Practical implications
This study recommends, among other reforms, soft law technique and stringent execution of anti-corruption statutes. This study also recommends increment in financial appropriation to Nigeria’s anti-corruption institutions, taking into consideration the finding that a meagre budget is a drawback.
Social implications
This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Corruption flourishes due to poor enforcement of anti-corruption laws and the absence of political will in offering efficient regulatory intervention by the government.
Originality/value
The study advocates the need for enhancement of anti-corruption agencies' budgets taking into consideration the finding that meagres budgets are challenge of the agencies.
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This chapter provides an introduction to the world of family companies and family constitutions from a legal perspective. It first studies the legal types of business…
Abstract
This chapter provides an introduction to the world of family companies and family constitutions from a legal perspective. It first studies the legal types of business organizations that family firms have chosen across time and jurisdictions. It then illustrates how early predecessors of family constitutions evolved in the late Middle Ages and what modern family constitutions look like in different countries today. Further considerations are devoted to the governance framework of family firms. The chapter concludes by exploring the potential legal effects of family constitutions under German company and contract law.
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This paper shows the benefits of multi-sited ethnography for global migration studies in management, in particular when cosmopolitan self-initiated expatriates meet a local…
Abstract
Purpose
This paper shows the benefits of multi-sited ethnography for global migration studies in management, in particular when cosmopolitan self-initiated expatriates meet a local setting.
Design/methodology/approach
The author conducted a multi-sited ethnography to trace how a local East German research organization’s well-intended approach to integration becomes condescending.
Findings
Highly skilled non-Western migrant employees who represent English-language cosmopolitanism are framed as negatively “foreign” by corporate discourses and practices. This phenomenon can only be understood if one follows the interconnections of language power, White subalternity and compressed modernity and if one considers the immediate surroundings, the historical context of East German identity and wider migration frames in Germany.
Research limitations/implications
Multi-sited ethnography, if power-sensitive and historically-aware, is suitable for understanding the multi-level phenomenon of global migration and identifying limiting framing-effects on management and organizations. Researcher standpoint is both its strength and its limitation.
Practical implications
Managers and companies can “imagine otherwise” and move beyond the unquestioned dominant frames limiting their problem analyses and, consequently, their strategies and actions.
Social implications
Managers and companies are enabled to move beyond individual- and corporate-level approaches to managing migration at work and can thus take up full social responsibility in the sense of good corporate citizenship on a global level. Global mobility researchers can work towards an inclusive migration theory.
Originality/value
Multi-sited ethnography, in particular, one that is power-sensitive and historically aware, is an approach not yet applied to migration in the context of management and organization. By means of an example, this paper illustrates the value of this approach and enables researchers to understand its main principles. Compressed modernity and White subalternity are introduced as novel concepts structuring migration, and language power emerges as relevant far beyond the scope of the multinational corporation.
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