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Article
Publication date: 12 November 2018

Ambareen Beebeejaun and Jushveer Koobloll

“Shareholder activism works when shareholders understand something about the characteristics of the business that the board doesn’t”. As complex the term shareholder activism may…

Abstract

Purpose

“Shareholder activism works when shareholders understand something about the characteristics of the business that the board doesn’t”. As complex the term shareholder activism may seem, it demonstrates a very simple phenomenon of how shareholder take control of a situation to turn it in their favor. The whole world has taken an activism “twist” where every person has a word to say. The same characteristic of the society is showcased in this paper where engagement of shareholder is questioned whether it helps to promote effective corporate governance. Given the fact that Mauritius has a rather low shareholder activism framework, this research aims to depict the international picture of the issue at different levels to reach a consensus with the local market. It was a major challenge as very little research has been conducted to accurately contrast shareholder activism with corporate governance. However, the international standards aim at giving a clear picture of how the shareholder activism actually functions.

Design/methodology/approach

The research has adopted a black letter approach by analyzing relevant laws and legislations governing corporate governance matters in Mauritius and the USA, Malaysia, France and South Africa. Thereafter, a comparative analysis was made between Mauritius laws and the aforementioned countries. Recommendations were then put forward on the subject matter which is shareholder activism.

Findings

Research has shown development in corporate governance alongside the increase in shareholder activism. However, these research studies fail to prove that the development is because of shareholder activism itself. In fact, it could be because of increase in corporate intellects, removal of trade barriers, sustainable corporate practices and many such changes that have affected the corporate market somehow. Hence, it is difficult to conclude, with certainty, that the driver of good corporate governance is, in particular, the phenomenon of shareholder activism. Nevertheless, many result of shareholder activism has demonstrated a rather positive impact on the ongoing of the corporate dealings and on a personal note, it can be said that shareholder activism is a domain where much research and development should be effected as it represents a promising improvement in the way corporations are governed.

Originality/value

The concept of shareholder activism is quite new to the Mauritius legislation. There has not been research done on whether shareholder activism, particularly, is the reason for corporate success or failure. In this light, this paper aims to analyze shareholder activism practices in other countries and puts forward recommendation in the Mauritius context which may be of use to stakeholders concerned.

Article
Publication date: 7 August 2023

Ambareen Beebeejaun and Pramod Kumar Bissessur

Shareholder activism is gaining popularity across the globe especially in today’s context where the option of giving up and selling shares to exit the company has become obsolete…

Abstract

Purpose

Shareholder activism is gaining popularity across the globe especially in today’s context where the option of giving up and selling shares to exit the company has become obsolete. Hence, the purpose of this research paper is two-fold, firstly, to investigate the extent to which the minority shareholders of companies listed on the Stock Exchange of Mauritius adopt and make use of the various tools of activism; and secondly, to compare the UK laws on shareholder activism with that of Mauritius.

Design/methodology/approach

To achieve these objectives, this study adopted the qualitative research method. Primary data was collected by conducting a survey on minority shareholders of Mauritian listed companies to figure out the extent to which they resort to activism tools, while secondary data was collected through a qualitative legal, document and content analysis to scrutinise regulatory provisions and existing literature on the researched topic.

Findings

The results show a moderate implementation level of shareholder activism by the minority investors in Mauritius although it was noted that minority shareholders are more likely to resort to the internal tools of activism rather than external methods. Further to the comparative study conducted, this research recommends a more active participation of the Mauritian regulatory bodies, amendments to the Mauritius Code of Corporate Governance and Mauritius Companies Act and the establishment of a commission responsible for overseeing the exercise of shareholders’ powers and promoting derivative lawsuits among minority shareholders.

Originality/value

Few researchers like Beebeejaun and Koobloll (2018) analysed shareholder activism through the lens of corporate governance with the view of providing recommendations to bring amendments in the Mauritian corporate law landscape. However, to the best of the authors’ knowledge, no research has yet been effectuated on the extent to which shareholder activism is practised by the minority investors in developing countries, for which this existing study aims at filling in the research gap.

Article
Publication date: 3 September 2021

Ulya Yasmine Prisandani

This paper aims to elaborate on the extent to which the Indonesian legal framework has provided room for shareholder activism and the extent to which shareholder activism has been…

Abstract

Purpose

This paper aims to elaborate on the extent to which the Indonesian legal framework has provided room for shareholder activism and the extent to which shareholder activism has been implemented in Indonesia.

Design/methodology/approach

This study combines normative and empirical legal research methods. Indonesian laws and regulations are analyzed aside from the analysis of empirical data and court decisions on shareholder activism implementation.

Findings

Indonesian laws and regulations have accommodated shareholders’ activism and shareholders have started to rectify mismanagement and abuse of power that causes loss to the company through derivative lawsuits. Despite this, Indonesian shareholders are still passive, shown by the number of questions asked in the general meetings of shareholders despite the high attendance percentage. Shareholders have also formed associations to gather more influence on the company’s decision-making process.

Research limitations/implications

The empirical observation in this study was limited to LQ45 companies of the February to July 2021 period. This study can be useful to improve corporate governance and corporate communication in a company to encourage higher participation of individual/minority shareholders. This study also serves as an extension to numerous studies on shareholder protection, corporate governance and corporate law in Indonesia.

Originality/value

Study on shareholder activism in Indonesia is still rare, despite the rising urgency of company supervision and monitoring to prevent mismanagement. To fill in that gap, this research hopes to initiate discussion on shareholder activism in relation to shareholder protection, corporate governance and corporate law implementation.

Details

International Journal of Law and Management, vol. 64 no. 2
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 7 January 2019

Denis Primakov

The status of government’s legal adviser in Israel is complicated and controversial. This status deeply impacts discretion and independence, especially in the role of combating…

Abstract

Purpose

The status of government’s legal adviser in Israel is complicated and controversial. This status deeply impacts discretion and independence, especially in the role of combating corruption. This article aims to review the status, power and independence of the government’s legal adviser and his/her interaction with other legal institutions dealing with corruption cases.

Design/methodology/approach

The author argues that the period of the 1980s, in Israel, was characterized by prosecution’s activism because of the dramatically increased number of corruption-related cases.

Findings

Prominent government legal advisers formulated approaches to the struggle against political corruption in Israel; upon becoming justices of the supreme court, they successfully transited their prosecution mindset to judicial activism (and not only for corruption-related cases).

Originality/value

This article discovers a linkage between prosecution and judicial positions, not under the Israeli legislation but based on personal willingness to combat corruption.

Open Access
Article
Publication date: 7 April 2020

Carine Girard and Stephen Gates

This paper aims to demonstrate that state shareholders are confronted with contradictory logics leading to institutional contradictions that activist shareholders can exploit. The…

Abstract

Purpose

This paper aims to demonstrate that state shareholders are confronted with contradictory logics leading to institutional contradictions that activist shareholders can exploit. The competing logics of the state as shareholder and their impact on corporate governance and shareholder activism offer fertile grounds for research advances in Coordinated Market Economies (CMEs).

Design/methodology/approach

Through an extensive literature review of state ownership, institutional contradictions and shareholder activism, this paper analyzes two case studies involving the French State as shareholder.

Findings

In the French context, these two cases illustrate how institutional contradictions result in opportunities for shareholder activism. By focusing on the institutional contradictions of the state shareholder, this investigation suggests a need for experimental research to observe how shareholder activists adapt to each institutional change in CMEs. This experimentation can help policymakers to avoid creating additional conditions that shareholder activists can exploit.

Research limitations/implications

This focuses only on France and its state shareholdings. To generalize results, studies of other CMEs and state shareholders are needed.

Practical implications

Policymakers should consider all legislative proposals for their potential to deviate from corporate governance practice by experimenting with them in a laboratory setting. Shareholder activists can compare state shareholders’ actions against the state’s legislation to emphasize institutional contradictions that counter minority shareholders’ rights.

Originality/value

This research is the first to analyze how the state as shareholder can exploit its competing logics to resist against shareholder activism and support management or to become itself a shareholder activist.

Details

Corporate Governance: The International Journal of Business in Society, vol. 20 no. 3
Type: Research Article
ISSN: 1472-0701

Keywords

Article
Publication date: 15 February 2013

Salar Ghahramani

The purpose of this paper is to examine the propensity of sovereign wealth funds (SWFs) for shareholder activism and their potential impact on corporate governance.

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Abstract

Purpose

The purpose of this paper is to examine the propensity of sovereign wealth funds (SWFs) for shareholder activism and their potential impact on corporate governance.

Design/methodology/approach

The study highlights the relationships between SWFs and corporate governance and also applies eight antecedents/determinants of institutional activism to analyze whether SWFs have a predisposition for shareholder activism.

Findings

The study only finds two instances of SWF activism. Additionally, it finds that despite their mostly passive investments, SWFs possess a natural tendency toward shareholder activism. Some are more likely to engage in activism than others, however. SWFs with a higher proportion of their assets invested in equities, those with portfolios fully or partially constructed to emulate the broader financial markets through indexing, and those that depend less on external fund managers are the likeliest candidates for activism. The study also finds that the regulatory environment can curb the natural SWF inclination for activist behavior.

Research limitations/implications

Due to the lack of transparency within the SWF universe, this study largely depends on the limited data available for sovereign wealth funds.

Practical implications

Given the growing importance of SWFs, managers, directors, and policymakers must assess SWF activism, its influence on corporate governance, and its implications for public policy deliberations.

Originality/value

This project, to the best of the author's knowledge, is the first study that applies tested financial models to SWFs in order to determine if they have inherent activist tendencies.

Details

Corporate Governance: The international journal of business in society, vol. 13 no. 1
Type: Research Article
ISSN: 1472-0701

Keywords

Article
Publication date: 4 January 2023

Suman Lee, Surin Chung and Euirang Lee

The present study examined the status of globalization of the public relations (PR) agency industry and its environmental factors by analyzing 101 countries.

Abstract

Purpose

The present study examined the status of globalization of the public relations (PR) agency industry and its environmental factors by analyzing 101 countries.

Design/methodology/approach

Data were constructed from content analysis and multiple archival sources. Cluster analysis and multiple regressions were used for data analysis.

Findings

The present study identified the four distinctive groups of countries in the number of global PR agencies per country. These groups are (1) globalized top countries, (2) globalized major countries, (3) globalizing countries and (4) peripheral countries. The study also found that the degree of globalization of the PR agency industry in a country was associated with its democracy, economic system (gross domestic product (GDP) and foreign direct investment inflow), legal system (rule of law), cultural system (power distance and long-term orientation) and media system (Internet penetration rate) factors.

Originality/value

The previous studies on the global PR agency industry was limited to investigating a few leading agencies, but this study analyzed 114 global PR agencies and their diffusion in 101 countries and explored the influence of each country's characteristics (i.e. political, economic, legal, cultural and media factors) identified as the global PR environment factors.

Details

Journal of Communication Management, vol. 27 no. 1
Type: Research Article
ISSN: 1363-254X

Keywords

Article
Publication date: 3 August 2015

Faizul Haque

– This paper aims to investigate whether firm-level corporate governance has an influence on the equity financing patterns in an emerging economy such as Bangladesh.

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Abstract

Purpose

This paper aims to investigate whether firm-level corporate governance has an influence on the equity financing patterns in an emerging economy such as Bangladesh.

Design/methodology/approach

The regression framework uses a questionnaire survey-based corporate governance index (CGI) comprising five dimensions – ownership structures, shareholder rights, independence and responsibilities of the board and management, financial reporting and disclosures and responsibility towards stakeholders. In addition, a number of semi-structured interviews have been carried out with the relevant stakeholders.

Findings

The results suggest a statistically significant positive relationship between CGI and equity capital and, thus, confirm the prediction of the agency theory.

Research limitations/implications

This study does not address endogeneity and reverse causality issues with respect to the relationship between CGI and equity finance.

Practical implications

Firms should improve their legal compliance and voluntary activism in corporate governance matters to ensure increased access to equity finance.

Originality/value

This study is among the first to examine the relationship between overall corporate governance quality and equity finance of a firm from the perspective of a bank-based emerging economy.

Details

Journal of Financial Economic Policy, vol. 7 no. 3
Type: Research Article
ISSN: 1757-6385

Keywords

Article
Publication date: 1 February 1990

Lewis D. Solomon

The future beckons… a new millennium…

Abstract

The future beckons… a new millennium…

Details

Humanomics, vol. 6 no. 2
Type: Research Article
ISSN: 0828-8666

Content available

Abstract

Details

International Journal of Law and Management, vol. 65 no. 3
Type: Research Article
ISSN: 1754-243X

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