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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.

Content available
Book part
Publication date: 11 September 2023

Eric Kwame Adae

Abstract

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CEOs on a Mission
Type: Book
ISBN: 978-1-80382-215-0

Abstract

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CEOs on a Mission
Type: Book
ISBN: 978-1-80382-215-0

Abstract

Details

CEOs on a Mission
Type: Book
ISBN: 978-1-80382-215-0

Abstract

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CEOs on a Mission
Type: Book
ISBN: 978-1-80382-215-0

Book part
Publication date: 10 June 2021

Eric Kwame Adae

This chapter offers an inquiry into the emerging phenomenon of corporate social advocacy, also known as CEO activism, in a non-Western sociocultural context. It addresses gaps in…

Abstract

This chapter offers an inquiry into the emerging phenomenon of corporate social advocacy, also known as CEO activism, in a non-Western sociocultural context. It addresses gaps in CEO activism research, including a dearth of non-Western contexts, dominance of modernist perspectives, and omission of female activist CEO voices. I apply alternative theoretical lenses of Caritas, Ubuntu, Africapitalism, and postmodernism to examine facets of CEO activism in Ghana. Data were collected through long interviews with 24 activist CEO men and women and data underwent hermeneutic phenomenological theme analysis. Findings suggest that CEO activism in Ghana is motivated by a range of factors previously not articulated in the literature on CEO activism. Brand activism typologies adequately describe the causes/issues advocated by activist CEOs in Ghana – as findings advance perspectives of non-Western society CEO activists. Hence, this chapter internationalizes the CEO activism phenomenon for the public relations literature while extending diversity, equality, and inclusion, sustainability, postmodern values, and insider activist perspectives to also include Caritas, Ubuntu philosophy, and Africapitalism.

Details

Public Relations for Social Responsibility
Type: Book
ISBN: 978-1-80043-168-3

Keywords

Book part
Publication date: 15 December 2005

Dayo F. Gore

This article examines the early post-World War II civil rights organizing of black women radicals affiliated with the organized left. It details the work of these women in such…

Abstract

This article examines the early post-World War II civil rights organizing of black women radicals affiliated with the organized left. It details the work of these women in such organizations as the Civil Rights Congress and Freedom newspaper as they fought to challenge the unjust conviction and sentencing of black defendants caught in the racial machinations of U.S. local and state criminal justice systems. These campaigns against what was provocatively called “legal lynching” formed a cornerstone of African American civil rights activism in the early postwar years. In centering the civil rights politics and organizing of these black women radicals, a more detailed picture emerges of the Communist Party-supported anti-legal lynching campaigns. Such a perspective moves beyond a view of civil rights legal activism as solely the work of lawyers, to examining the ways committed activists within the U.S. left, helped to build this legal activism and sustain an important left base in the U.S. during the Cold War.

Details

Crime and Punishment: Perspectives from the Humanities
Type: Book
ISBN: 978-0-76231-245-0

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

Book part
Publication date: 21 October 2013

Hanne Søndergaard Birkmose and Therese Strand

Purpose – Institutional investors are facing increased pressure and threats of legislation from the European Union to abandon passive ownership strategies. This…

Abstract

Purpose – Institutional investors are facing increased pressure and threats of legislation from the European Union to abandon passive ownership strategies. This chapter investigates the legal prerequisites for active ownership among institutional investors in two Scandinavian countries to highlight differences in the legal framework that potentially account for apparent dissimilarities in the practice of shareholder activism.

Design/methodology/approach – Data on shareholder proposals from Danish and Swedish annual general meetings from 2006 throughout 2010 suggest that institutional investors are approximately a thousand times more active in Sweden than in Denmark.

Findings – The comparative study of the legal framework for shareholder activism shows diminutive legal distance in general, however, we find that the shareholder-based nomination committee employed in Sweden constitutes an exception. This is relevant, as such a setup transfers power from the board of directors to the owners. Presumably, this reduces the impact of free-rider and collective action problems, and increases the shareholders’ inclination to make proposals, which is also what we find. Moreover, we find other differences in the legal framework that support the transfer of power to the owners.

Research implications – We contribute to literature by investigating the importance of local governance mechanisms created by the legal framework – an area where research is scarce. The chapter discusses how two classical theoretical dilemmas – free-rider problems and collective action problems among shareholders – can be reduced by the implementation of local corporate governance elements.

Originality/value – The chapter outlines the actual practice of shareholder activism, in terms of proposals, in Denmark and Sweden, and highlights divergent legal elements which theoretically transfer power to the shareholders. Thus, regulators should be aware of the impact by local governance mechanisms, and how shareholders react under different legal prerequisites.

Details

Institutional Investors’ Power to Change Corporate Behavior: International Perspectives
Type: Book
ISBN: 978-1-78190-771-9

Keywords

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