tag:blogger.com,1999:blog-7928409644560109142.comments2024-02-23T11:03:23.082+00:00Corporate Law and GovernanceRobert Goddardhttp://www.blogger.com/profile/15725241229854978985noreply@blogger.comBlogger48125tag:blogger.com,1999:blog-7928409644560109142.post-43485427496121795132015-12-28T08:05:47.477+00:002015-12-28T08:05:47.477+00:00Thank you so much for your systematic information ...Thank you so much for your systematic information about governanc and financial regulation!<br />Happy new year!Jean-Marc Golliernoreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-76580973058717488852015-09-21T23:04:44.237+01:002015-09-21T23:04:44.237+01:00I totally agree. I totally agree. Anonymoushttps://www.blogger.com/profile/12677712854031736319noreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-21593637403077952722015-09-16T13:56:30.634+01:002015-09-16T13:56:30.634+01:00He is actually an inspirational leader whose memor...He is actually an inspirational leader whose memory will ever remain,especially through his works and books.Uba Babshttp://www.fuoye.edu.ngnoreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-84944452115996214572015-09-07T11:01:24.915+01:002015-09-07T11:01:24.915+01:00Sir Adrian Cadbury was a truly inspirational perso...Sir Adrian Cadbury was a truly inspirational person: a man who had time for others who was polite, courteous and immensely talented.<br />He could be described as the "father-figure" of corporate governance in the UK heightening awareness of this concept which was virtually non-existent before the 1990s.<br />The Cadbury Report in 1992 became the leading work on corporate governance and is still quoted in many articles and books internationally.<br />He will be deeply missed but a person who made an indelible mark in many ways.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-64181032690325767802015-05-27T08:39:26.275+01:002015-05-27T08:39:26.275+01:00This is an interesting judgment. Does Mr Justice H...This is an interesting judgment. Does Mr Justice Hildyard proceed to clarify the meaning of "not actively sought to seduce the company's customers or to exploit any opportunity belonging to it"? I would be interested to know what guidance has been provided.<br /><br />In addition to the issue of s175 CA 2006 there are additional issues to consider for any solicitor dealing with such matters and which include: (i) post termination contractual restrictive covenants; and also (ii) any applicable confidentiality and intellectual property obligations, in any directors service agreement and also any shareholders agreement. <br /><br />In addition to this there are also common law duties of confidence and also the duty of fidelity to factor into any wider legal analysis.Christian Brownehttp://www.summerfieldbrowne.comnoreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-48050602618809380392011-08-13T22:10:07.422+01:002011-08-13T22:10:07.422+01:00'A dispute arose between the parties regarding...'A dispute arose between the parties regarding the quality of the building work and invoices went unpaid by Oakwood'<br /><br />The above statement is incorrect. Oakwood simply stopped paying, claiming lack of funds. There was no complaint against the quality of the work until litigation was begun to recover monies due. The Recorder found against Oakwood Residential Ltd and the judgement was upheld by the Court of Appeal. The debt is still outstanding.Daisynoreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-33041326906517682812011-06-29T09:48:42.283+01:002011-06-29T09:48:42.283+01:00Interesting that there is mention of limits on dir...Interesting that there is mention of limits on directorships held by directors on bank boards. This is not a new issue and also something that would appear to be more of a problem for main land European Banks than UK based ones.<br /><br />Although data is still coming through to use the example of the Royal Bank of Scotland from 2006-2011 there was only an average of 1.4 interlocks held by all the members of the board over the five year period; and only in 2006 was there an average of 1 interlock per director. The next 4 years there was less than 1 interlock per director (0.6; 0; 0; 0 respectively)GibbsLawhttps://www.blogger.com/profile/06669689847710659683noreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-69015538623246263462011-05-11T19:03:46.560+01:002011-05-11T19:03:46.560+01:00Great round up - commentators seem to think the co...Great round up - commentators seem to think the code will end up doing the opposite to the priciple behind it when those delayed bonuses accumulate.Eberehttp://www.compliance-analyst.blogspot.comnoreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-85439097137074011842010-09-28T16:56:17.858+01:002010-09-28T16:56:17.858+01:00Andrew Hamilton? He's a chemist! Very appropri...Andrew Hamilton? He's a chemist! Very appropriate for the alchemists of auditing.Tyngewick Gawcotthttps://www.blogger.com/profile/10598590700240008913noreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-57356758539877875802010-08-16T13:37:45.133+01:002010-08-16T13:37:45.133+01:00Need to switch links for .pdf and .html. Nice blog...Need to switch links for .pdf and .html. Nice blog!ewanhttps://www.blogger.com/profile/15101903024671729851noreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-34083640826802278612010-07-31T07:57:08.814+01:002010-07-31T07:57:08.814+01:00Only for the brave, here is a question on financia...Only for the brave, here is a question on financial regulations.<br /><br />Currently the financial regulators in the Basel Committee requires the bank to hold 8 percent when lending to unrated small businesses and entrepreneurs but only 1.6 percent when lending to triple A rated clients.<br /> <br />What would have happened if exactly the opposite capital requirements had been imposed? The banks having to hold instead 8 percent in capital when lending to triple-A rated clients and only 1.6 percent when lending to unrated small businesses and entrepreneurs.<br /> <br />It would most surely have created problems, any regulatory discrimination does, but I hold that a crisis as large as the current one would not have happened… since no gigantic financial crisis has ever resulted from excessive lending to those who are perceived as risky, they have always resulted from excessive lending to those who are perceived as not risky.<br /> <br />We could also have had a lot more of jobs, since almost always the next-generation of decent sustainable jobs is to be found among the current small businesses and entrepreneurs.<br /> <br />Our biggest financial systemic risk is without any doubt our financial regulators<br /> <br />Per Kurowski<br />http://www.subprimeregulations.blogspot.com/Per Kurowskihttps://www.blogger.com/profile/14155373607182051840noreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-35337400477749131752010-06-29T16:40:45.953+01:002010-06-29T16:40:45.953+01:00The case seems to be pretty sound in that a large ...The case seems to be pretty sound in that a large amount is clearly recoverable if what they are saying is true and there appears to be a good legal claim for breach of duty, which is the true basis for a judge to decide whether to continue except in a clear case, as stated in Iesini, where commercial considerations can be considered. <br /><br />The only problem for me lies in the rationale of the judge in saying the appropriate remedy is a derivative claim rather than an unfairly prejudicial one.<br /><br />The purpose of s263(f) is to add weight to not continuing if there is availability of another remedy.<br /><br />What the judge appears to be saying is that if the claimants want a certain remedy then they can pursue the appropriate action to secure it, which is legally incorrect. Derivative claims are a weapon of last resort and the fact that another remedy is available should be a reason against continuing the claim whether or not it will provide the remedy the claimants want; but that consideration must be weighed against other factors under s263(3) and in my opinion this one factor alone would not outweigh the considerations under s263(3)(b) in this case and the fact 35 other members have shown support.David Gibbshttps://www.uea.ac.uk/law/Staff/AssocTutor/DGibbsnoreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-39257843093178245482010-04-16T10:17:59.353+01:002010-04-16T10:17:59.353+01:00Thank you for letting me know Andrea. I've co...Thank you for letting me know Andrea. I've corrected the link. There's more information here:<br />http://www.walker-gmg.co.ukRobert Goddardhttps://www.blogger.com/profile/15725241229854978985noreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-87465675590152192002010-04-05T15:40:02.672+01:002010-04-05T15:40:02.672+01:00The link to the final report in the blog post has ...The link to the final report in the blog post has expired. Would you happen to know from where I could download a copy please?<br /><br />The specially dedicated Walker webpage has also been removed from net.<br /><br />Thanks for you help.<br />AndreaAndreanoreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-8199579550114855952010-03-08T21:55:01.668+00:002010-03-08T21:55:01.668+00:00Hi Robert. Just to add to the mix on Ireland one a...Hi Robert. Just to add to the mix on Ireland one aspect of the ISE's response to the crisis must be the Irish Government's stated intention - as <a href="http://corporatelawandgovernance.blogspot.com/2009/10/ireland-combined-code-principles-to-be.html" rel="nofollow">noted by you in October</a> - to place the code on a legislative footing. From my reading <a href="http://www.kildarestreet.com/wrans/?id=2009-12-02.1144.0" rel="nofollow">here</a> it seems that "state-sponsored" banks etc will be required to comply with provisions of the code, so Ireland is moving away from comply or explain in this limited sense.Ciaránhttp://blogs.qub.ac.uk/corpgov/noreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-40189558889818845722010-01-24T15:39:18.237+00:002010-01-24T15:39:18.237+00:00It is not uncommon for corporations in the Philipp...It is not uncommon for corporations in the Philippines to appoint directors on the basis of connections or affiliations. However, the Code of Corporate Governance, especially the revised Code is very specific on the qualifications and experience of those who are supposed to discharge the responsibilities under the Code. One such example is the Audit Committee. If none of the appointed directors who will form the audit committee have the necessary experience as an audutor, for example - I believe that this could be corrected by outsourcing the performance of the required and defined responsi- bilities. The person to whom such responsibility was outsourced will report to the director appointed as audit committee member but lacking in audit qualification. Pls cpomment on this position.Freddie Nonhttps://www.blogger.com/profile/11872993651798151324noreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-19686077248896427492010-01-24T11:26:51.986+00:002010-01-24T11:26:51.986+00:00It is an excellent intervention. However, why not ...It is an excellent intervention. However, why not peg it at 50% so that equal representation is guranteed?ACT-Southern Africahttps://www.blogger.com/profile/08891333482077159018noreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-38567038674075901562009-11-27T12:49:37.570+00:002009-11-27T12:49:37.570+00:00your blog is very informative sir
it will be very ...your blog is very informative sir<br />it will be very useful to me <br />i am research scholar in the area of corporate governance in India and investor protectionsanjaydessaihttps://www.blogger.com/profile/01488997135808708585noreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-88357754723190131262009-11-23T20:02:15.690+00:002009-11-23T20:02:15.690+00:00Hello,
sorry for leaving a comment under this pos...Hello,<br /><br />sorry for leaving a comment under this post but I am searching for materials about fiduciary duties of shareholders and I found this blog in the google. I found quite a lot of materials about shareholder's loyaylty in the US law byt cannot find abything about shareholder's duty of fair conduct under British law. So I have a question: is there a fiduciary duty of shareholders under British law or does it exists on the basis of court verdicts???<br /><br /><br />KatharinaAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-29513766028279361482009-11-17T05:37:43.738+00:002009-11-17T05:37:43.738+00:00I’m so glad someone like you have the time, effort...I’m so glad someone like you have the time, efforts and dedication writing, for this kind of article…thanks for sharing..!Term Papershttp://www.flashpapers.comnoreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-67756510276541392692009-11-11T14:13:02.450+00:002009-11-11T14:13:02.450+00:00Does anyone have a link to the official announceme...Does anyone have a link to the official announcement / decree on the CSRC website for this development? It surely would have been translated by now. Thanks, PhineasAnonymoushttps://www.blogger.com/profile/14860069234984461868noreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-41103787329137855732009-10-26T11:44:44.329+00:002009-10-26T11:44:44.329+00:00It is worth bearing in mind that these are the pay...It is worth bearing in mind that these are the pay rises granted, in the main, 18 months ago - ie in April/May 2008. This is due to the lag between the pay rises being implemented and the annual report publication dates. The pay rise awarded in April/May 2009, many of which were not awarded due to pay freezes being imposed (according to the commentary in the remuneration reports), will not be reported until March/April 2010 when the new annual reports are released.<br />That reports of this nature are being fundamentally misunderstood and mis-reported is actually contributing to the ongoing ratchetting of executive pay, as executives point to an upward trend in such surveys.Alan Bretthttps://www.blogger.com/profile/17574465278132575677noreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-48072849716940061592009-10-09T14:52:22.038+01:002009-10-09T14:52:22.038+01:00There is one fundamental flaw with the sample circ...There is one fundamental flaw with the sample circular, in that the shareholder rights directive requires the facility to vote by electonic means to be accessible to ALL shareholders.<br /><br />Footnote one in the circular states that: <i>"[Note 2: S333A CA2006 requires the provision by traded companies of an electronic address for receipt of proxies; the electronic address should be included either in this paragraph, in the form of proxy or on the website. However, where the company’s shares are held through CREST and the CREST electronic proxy appointment service is available, the view being taken is that the s333A requirement is satisfied by referring to the CREST website –see Notes 8-11 – and so no further method of electronic voting needs to be made available under s333A]".</i><br /><br />CREST is only available to holders of dematerialised shares and charges for access, and is thus not available to all shareholders.Alan Bretthttps://www.blogger.com/profile/17574465278132575677noreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-36496688676702473352009-10-01T10:26:08.426+01:002009-10-01T10:26:08.426+01:00Hello Robert,
I notice you have dead links (due t...Hello Robert,<br /><br />I notice you have dead links (due to our dynamic URLs), so here are the good ones to the LuxSE site.<br /><br />The ten principles can be found at http://www.bourse.lu/application?_flowId=PageStatiqueFlow&content=services/CorporateGovernance.jsp&lang=EN<br />As you mention, the English version is coming soon.<br /><br />Maurice Trapp<br />Luxembourg Stock Exchangemtrhttps://www.blogger.com/profile/08786166792188726598noreply@blogger.comtag:blogger.com,1999:blog-7928409644560109142.post-6865945423332758042009-09-23T05:40:02.430+01:002009-09-23T05:40:02.430+01:00Thanx a lot Robert for such infoprmative material ...Thanx a lot Robert for such infoprmative material in context with corporate governance and practices. I am also doing research on the said topic and would like to share and add some more facts and figures. Pls put more concern on the indian corporte practices too.Ud07https://www.blogger.com/profile/09257845465726203328noreply@blogger.com