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Article
Publication date: 2 February 2015

Kerri O’Donnell, Barry Hicks, John Streeter and Paul Shantapriyan

The purpose of this paper is to explore the increasing expectation against two concepts, information and process scepticism. In light of the Centro case judgement, directors’…

Abstract

Purpose

The purpose of this paper is to explore the increasing expectation against two concepts, information and process scepticism. In light of the Centro case judgement, directors’ decisions are held to increasing standards of due care and diligence.

Design/methodology/approach

This is a conceptual paper, drawing upon archival material, including statute law, case law, regulatory guidance material and media releases in Australasia. The authors review the statutory duty of care, skill and diligence expected of non-executive directors.

Findings

Whether a director has exercised an appropriate level of reasonable care and skill and/or due diligence has been a matter for the courts to decide. Such retrospective analysis leaves directors vulnerable to the uncertainty of whether their individual interpretation of diligence matches up to that of the presiding judge. The authors provide directors with a framework to apply scepticism to information and processes provided by those on whom the directors may rely.

Research limitations/implications

Two concepts are identified: reasonable reliance on others and the business judgement rule. The authors present arguments that challenge us to understand reasonable reliance, judgement and actions of directors in light of processing and information scepticism.

Practical implications

Directors do have a different role to that of auditors; incorporating scepticism can enable directors to fulfil their responsibility towards shareholders. By applying information and process scepticism, directors of companies can reduce the likelihood and magnitude of litigation costs and out-of-court settlements.

Originality/value

This paper provides a framework to apply scepticism to information and processes provided by people on whom the directors may rely.

Details

Managerial Auditing Journal, vol. 30 no. 2
Type: Research Article
ISSN: 0268-6902

Keywords

Article
Publication date: 1 June 2005

Ai‐Hwa Quek

This study seeks to address empirically the current state of generic competencies considered to be important for successful work performance among Malaysian graduate employees…

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Abstract

Purpose

This study seeks to address empirically the current state of generic competencies considered to be important for successful work performance among Malaysian graduate employees. This study also aims to explain the elements of generic competencies that are needed to complement the tertiary training of students in workplace learning.

Design/methodology/approach

Using the survey method, questionnaires (validated by a pilot test and with a Cronbach's alpha of 0.81) were administered to a purposive sample of graduate employees (n=32).

Findings

Responses were factor‐analysed and correlated through the Pearson product‐moment correlation procedure. Drawing from the significant correlations ( p<0.01) of the factors extracted, this study highlights interpersonal skills, knowledge‐acquiring skills and flexibility as being highly important in contributing toward success in work performance. Additionally, these graduate employees also expressed value‐improving skills, practical orientation abilities and cognitive skills as being important for successful work performance. These generic competencies are important for enabling Malaysian graduate employees to transfer learning from the classroom to the workplace for success in work performance.

Research limitations/implications

Given the financial constraints, this study is limited to Malaysian graduate employees. Therefore, the generalisability of the results is limited to other situations that are similar to the one discussed in this study.

Originality/value

In the Malaysian context, tertiary training probably needs to consider the development of generic competencies in students so as to enable them to transfer tertiary learning to meet the changing demands of the workplace when they graduate. In this direction additional research is recommended in Malaysia so that graduates can be better trained to contribute successfully in the workplace.

Details

Journal of Workplace Learning, vol. 17 no. 4
Type: Research Article
ISSN: 1366-5626

Keywords

Open Access
Article
Publication date: 27 July 2021

Masatoshi Fujii, Chie Hosomi and Yoshiaki Nose

This study aims to fill the gap in previous research that focuses on the superficial aspects of equity crowdfunding (ECF) campaigns and financial practices by examining financial…

2459

Abstract

Purpose

This study aims to fill the gap in previous research that focuses on the superficial aspects of equity crowdfunding (ECF) campaigns and financial practices by examining financial literacy aspects, such as due diligence and valuation, in terms of factors that influence Japanese individual investors' investments in ECF.

Design/methodology/approach

The status of information disclosure in ECF campaigns is checked. In addition, the feasibility of the initial due diligence and valuation using this information is verified. Specifically, the lack of financial literacy hypothesis is developed and (1) expected market capitalization in the final fiscal year of the business plan and (2) expected returns on investment (IRR: internal rate of return) are estimated.

Findings

ECF campaigns in Japan disclose information equivalent to that obtained by professional venture capitalists. Analysis of the disclosed business plan allows for initial due diligence and valuation. By contrast, due diligence reveals that some projects are unlikely to be listed even if their business plans are met, and others have low IRRs. In addition, a stock acquisition rights project, in which even professional investors are unable to calculate IRRs, is completed at the same rate as a common stock project; this suggests that individual investors lack financial literacy.

Originality/value

Analyzing ECF from financial literacy aspects, such as due diligence and valuation, is unique. Such aspects are essential for private equity investments but have not been addressed in previous studies.

Details

Journal of Capital Markets Studies, vol. 5 no. 1
Type: Research Article
ISSN: 2514-4774

Keywords

Article
Publication date: 16 March 2012

Tahir Ashraf

The purpose of this paper is to provide an easy‐to‐read article for academics, lawyers, directors and those advising directors, to be able to gain an appreciation of the duties…

5189

Abstract

Purpose

The purpose of this paper is to provide an easy‐to‐read article for academics, lawyers, directors and those advising directors, to be able to gain an appreciation of the duties that directors owe to their companies in light of the Companies Act 2006, the Corporate Manslaughter and Corporate Homicide Act, 2007 and the Bribery Act 2010.

Design/methodology/approach

Using a range of case law and statutory materials, as well as published works, including material from the Financial Reporting Council, the Institute of Directors and the Health and Safety Executive, the paper aims to provide practical advice (as opposed to merely academic listing) on directors' duties.

Findings

It has been noted that there are not enough resources which combine the three aspects of legislation that impact upon directors' duties.

Research limitations/implications

The paper focuses on directors' duties for private limited companies within the law relating to England and Wales, specifically the Companies Act 2006, the Corporate Manslaughter and Corporate Homicide Act, 2007 and the Bribery Act. The implications are that those wishing to conduct business outside of the UK would need to look elsewhere for guidance. Conversely, UK‐based businesses seeking to conduct business internationally will need to be aware of not just directors' duties but also the potential conduct of those authorised to act on behalf of directors abroad, particularly in the context of the Bribery Act 2010.

Practical implications

The paper is an easy‐to‐read, useful source of impartial information for academics, lawyers directors and those advising directors to gain an understanding of directors' duties under English law.

Originality/value

The paper brings together three different areas of legal practice into one, as they have a significant impact upon businesses and appear not to have been addressed previously in such a manner.

Article
Publication date: 12 November 2021

Judith Dahlgreen

This paper aims to examine the legal redress available to a UK bank customer who has been the victim of a sophisticated push payment scam which made use of the bank’s customer…

Abstract

Purpose

This paper aims to examine the legal redress available to a UK bank customer who has been the victim of a sophisticated push payment scam which made use of the bank’s customer facing payment portal.

Design/methodology/approach

A detailed study was done of the experience of a single UK bank customer who was the victim of a push payment scam in Autumn 2020. Her circumstances are typical of other customers who have been similarly scammed. Her rights of redress are explored in depth in relation to law and an industry code.

Findings

The industry code provides no reliable means of adjudication and redress. The common law of negligence has not adapted to the technological shift in bank payment methods currently used by customers. The duty of care is inadequate in safeguarding customer interests in relation to payment instructions to banks. Customers are bearing the loss associated with inadequate bank transaction analytics.

Originality/value

This research casts a unique light on the unbalanced relationship now existing between the bank and its customer in relation to the execution of remote payment instructions.

Details

Journal of Financial Crime, vol. 30 no. 6
Type: Research Article
ISSN: 1359-0790

Keywords

Abstract

Details

The ‘C-Suite’ Executive Leader in Sport: Contemporary Global Challenges for Elite Professionals
Type: Book
ISBN: 978-1-83909-698-3

Book part
Publication date: 14 December 2020

Ngozi Ann Chikere, Adenike Aderonke Moradeyo and Isaiah Adisa

The Igbos of south-eastern region of Nigeria are known for their rich cultural heritage which permeates all their socioeconomic life. Sacrosanct among their social institution is…

Abstract

The Igbos of south-eastern region of Nigeria are known for their rich cultural heritage which permeates all their socioeconomic life. Sacrosanct among their social institution is their business practice which has outlived generations, but its impact is still felt not only in the south-eastern region but also in Nigeria as a whole. Igbo business practices have become integral to an average Igbo man's life, and it is the cornerstone on which their values are promoted. This is evidence in their desires to make wealth and be successful hence the adage ‘ego ji oru’ which means ‘money has the answer to projects’. Generally, Igbo culture and values are reflected in their business practices. The Igbos have a strategic model of attracting, retaining, transferring knowledge and developing talents. This unique model has contributed to the sustenance of Igbo businesses through manpower development and has also influenced their business performance over the years. The Igbos seek and develop talents in their area of business interest for continuity, performance and value creation. This chapter explores how talents are recruited to become apprentices and how knowledge is transferred to these apprentices by their Igbo master known as ‘oga’. Also, the effects of the recruitment process and the knowledge transfer mechanisms on business performance are evaluated. The chapter adopts a case study approach and sampled six small Igbo businesses in Ajah market, Lagos. The chapter revealed that the Igbos have indigenous strategies of recruiting and developing talents which influence the performance of their business. Informed recommendations were made for business in Africa at the end of the chapter.

Article
Publication date: 12 June 2009

Ken Evola and Nicole O'Grady

The purpose of this paper is to educate investors on the red flags of Ponzi and other fraud schemes and due diligence measures.

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Abstract

Purpose

The purpose of this paper is to educate investors on the red flags of Ponzi and other fraud schemes and due diligence measures.

Design/methodology/approach

The paper examines ways in which fraud is executed in Ponzi schemes and then highlights practical precautions every investor should take to prevent being a victim.

Findings

The research outlines specific red flags that the investors in the Madoff Ponzi scheme and other fraud schemes might have recognized and others in the future should recognize to prevent being the next victim. These red flags are consistent in most Ponzi schemes and investors should institute due diligence in examining their investment firm or manager.

Practical implications

Investors should be wary of their investment manager and pay attention to the warning signs that they could be involved in a Ponzi scheme. They should insist on seeing detailed audit information and not hesitate to ask questions.

Originality/value

The paper will be of interest to a wide range of individual and institutional players in the investment community who in light of recent events are concerned about being investment fraud victims.

Details

Journal of Investment Compliance, vol. 10 no. 2
Type: Research Article
ISSN: 1528-5812

Keywords

Article
Publication date: 31 December 2015

Fang Ma

The purpose of this paper is to assess the application of the nascent corporate opportunity doctrine in China by comparison with its well-established English counterpart; in…

1232

Abstract

Purpose

The purpose of this paper is to assess the application of the nascent corporate opportunity doctrine in China by comparison with its well-established English counterpart; in particular, it evaluates whether the fine balance between business integrity and business efficiency has been struck.

Findings

It is argued that the scope of application of the corporate opportunity doctrine in China should be extended, and the rules on the burden of proof should be amended. Moreover, a stricter approach should be adopted by the Chinese judiciary for the purpose of protecting the company’s interests and enhancing business integrity.

Research limitations/implications

This paper mainly focuses on the corporate opportunity doctrine. It does not discuss other duties of directors in detail.

Practical implications

It is useful for directors in balancing business integrity and business efficiency.

Originality/value

It is an original piece of work which assesses the corporate opportunity doctrine by making comparison with English law.

Details

Journal of Financial Crime, vol. 23 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 13 February 2024

Noor Fadhzana Mohd Noor

This study aims to investigate the extent of Shariah compliance in wakalah sukuk and Shariah non-compliant risk disclosure in the sukuk documents and to analyse the risk…

Abstract

Purpose

This study aims to investigate the extent of Shariah compliance in wakalah sukuk and Shariah non-compliant risk disclosure in the sukuk documents and to analyse the risk management techniques associated with the disclosed risks.

Design/methodology/approach

This study uses qualitative document analysis as both data collection and analysis methods. The document analysis acts as a data collection method for 23 wakalah sukuk documents selected from 32 issuances of wakalah sukuk from 2017 to 2021. These sukuk documents were selected based on their availability from relevant websites. Document analysis, both content analysis and thematic analysis, were used to analyse the data. Codes were grounded from that data through keywords search of Shariah noncompliant risk and its risk management. Besides these, interviews were also conducted with four active industry players, i.e. two legal advisors of wakalah sukuk, a wakalah sukuk trustee and a sukuk institutional issuer. These interview data were analysed based on categorical themes, on the aspects of the extent of Shariah compliance in sukuk, and the participant’s views on the risk management techniques associated with the risks or used in the sukuk documents.

Findings

Overall, the findings reveal three types of Shariah non-compliant risks disclosed in the sukuk documents and seven risk management techniques associated with them. However, the disclosure and the risk management techniques can be considered minimal in contrast to the extent of Shariah compliance in a sukuk, i.e. Shariah compliance at the pre-issuance stage, ongoing stage and post-issuance stage. On top of these, it was also found from the interviews that not all risk management techniques are workable to manage Shariah non-compliant risk in sukuk. As a result, these findings suggest rigorous reviews of the existing Shariah non-compliance risk (SNCR) disclosures and risk management techniques by the relevant parties.

Research limitations/implications

Sukuk documents used in the study are limited to corporate wakalah sukuk issued in Malaysia. Out of 32 issuances from 2015 to 2021, only 23 documents are available in relevant website. Thus, Shariah non-compliant risk disclosure and its risk management techniques analysed in this study are only limited in those documents.

Practical implications

The findings of this study suggest rigorous reviews on the existing Shariah non-compliance disclosures and risk management techniques. Other than these, future research in relation to uncommon risk management clauses, i.e. assurance, Shariah waiver and transfer of risk, are needed.

Originality/value

The insights presented in the analysis are of importance to sukuk issuers and the sukuk due diligence working group in enhancing the sukuk Shariah compliance and Shariah non-compliant risks disclosure and towards sukuk investors, in capturing and assessing Shariah non-compliant risks in a sukuk and to assist them to make informed investment decisions. More importantly, this study has found few areas of future study in relation to SNCR disclosures and SNCR risk management techniques.

Details

Qualitative Research in Financial Markets, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1755-4179

Keywords

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