Download or read book Corporate Governance and U S Capital Market Competitiveness written by Stephen M. Bainbridge and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay was prepared for a forthcoming book on the impact of law on the U.S. economy. It focuses on the impact the corporate governance regulation has had on the global competitive position of U.S. capital markets. During the first half of the last decade, evidence accumulated that the U.S. capital markets were becoming less competitive relative to their major competitors. The evidence reviewed herein confirms that it was not corporate governance as such that was the problem, but rather corporate governance regulation. In particular, attention focused on such issues as the massive growth in corporate and securities litigation risk and the increasing complexity and cost of the U.S. regulatory scheme. Tentative efforts towards deregulation largely fell by the wayside in the wake of the financial crisis of 2007-2008. Instead, massive new regulations came into being, especially in the Dodd Frank Act. The competitive position of U.S. capital markets, however, continues to decline. This essay argues that litigation and regulatory reform remain essential if U.S. capital markets are to retain their leadership position. Unfortunately, the article concludes that federal corporate governance regulation follows a ratchet effect, in which the regulatory scheme becomes more complex with each financial crisis. If so, significant reform may be difficult to achieve.

Download or read book Corporate Governance written by Ira M. Millstein and published by Organisation for Economic Co-operation and Development. This book was released on 1998 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report emphasizes that although corporate governance should remain mostly a prerogative of the companies and industries themselves, governments must provide a regulatory framework that allows them to adapt their governance practices to rapidly changing international circumstances.

Download or read book International Competition between Corporate Governance written by Blanca-Monica Panqueva-Bernal and published by Cuvillier Verlag. This book was released on 2006-02-01 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation has shown that indeed the internationalization of production systems and the globalization of the markets for goods, services and capital have triggered and intensified the competition between corporate governance systems. Similar to the competition in other economic areas, where, for example, domestic goods and factor prices tend to converge to the world prices after opening to international competition, over the years the traditionally diverse corporate governance systems have become more homogeneous. The elements, provisions and aspects where convergence has made more progress are: boards’ form and functions, strong minority shareholders’ rights, universal banking systems, bankruptcy law, the capital market as an important corporate financing source, investor-oriented accounting standards (e.g. IFRS) and employee ownership as a means to motivate staff to undertake firm-specific investments. However, convergence does not mean that the national systems have equally moved towards each other, rather the Principal-Agent model, followed by the USA, has prevailed. The main reason for the dominance of the Principal-Agent model seems to be the preponderance of the US-economy, particularly on global financial markets. Although this is not a topic of this dissertation, in the last two decades a competition between capital market- and bank-centered financial systems can be observed. The capitalmarket centered financial system, recommended by the Principal-Agent model, has gained importance, whereas the traditional leading position of credit institutions has impressively decreased.

Download or read book Governing the Modern Corporation written by Roy C. Smith and published by Oxford University Press. This book was released on 2006-01-12 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nearly seventy years after the last great stock market bubble and crash, another bubble emerged and burst, despite a thick layer of regulation designed since the 1930s to prevent such things. This time the bubble was enormous, reflecting nearly twenty years of double-digit stock market growth, and its bursting had painful consequence. The search for culprits soon began, and many were discovered, including not only a number of overreaching corporations, but also their auditors, investment bankers, lawyers and indeed, their investors. In Governing the Modern Corporation, Smith and Walter analyze the structure of market capitalism to see what went wrong. They begin by examining the developments that have made modern financial markets--now capitalized globally at about $70 trillion--so enormous, so volatile and such a source of wealth (and temptation) for all players. Then they report on the evolving role and function of the business corporation, the duties of its officers and directors and the power of its Chief Executive Officer who seeks to manage the company to achieve as favorable a stock price as possible. They next turn to the investing market itself, which comprises mainly financial institutions that own about two-thirds of all American stocks and trade about 90% of these stocks. These investors are well informed, highly trained professionals capable of making intelligent investment decisions on behalf of their clients, yet the best and brightest ultimately succumbed to the bubble and failed to carry out an appropriate governance role. In what follows, the roles and business practices of the principal financial intermediaries--notably auditors and bankers--are examined in detail. All, corporations, investors and intermediaries, are found to have been infected by deep-seated conflicts of interest, which add significant agency costs to the free-market system. The imperfect, politicized role of the regulators is also explored, with disappointing results. The entire system is seen to have been compromised by a variety of bacteria that crept in, little by little, over the years and were virtually invisible during the bubble years. These issues are now being addressed, in part by new regulation, in part by prosecutions and class action lawsuits, and in part by market forces responding to revelations of misconduct. But the authors note that all of the market's professional players--executives, investors, experts and intermediaries themselves--carry fiduciary obligations to the shareholders, clients, and investors whom they represent. More has to be done to find ways for these fiduciaries to be held accountable for the correct discharge of their duties.

Download or read book Corporate Governance Financial Markets and Global Convergence written by Morten Balling and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: for many years been heavily dependent on bank financing, and this situation has not changed fundamentally. In his paper on stock exchange governance in the European Union Guido Ferrarini discusses the relative merits of member and investor ownership and compares stock exchange regulation in a number of EU countries. Faced with increasing competition amongst themselves and against other enterprises that offer transaction services, such as proprietary trading systems, it is essential for European stock exchanges to improve their efficiency and to generate volume. Large investments in new information technology are necessary in order to preserve competitiveness in agIobaI financial market. The implementation of the ISD has accelerated cross-border transaction activity of member firms and investors and strengthened the pressure for convergence of national stock exchange laws in the EU. In their paper, Francesco Giavazzi and Marco Battaglini look at the role played by banks in privatization processes. Banks can be involved in such processes in several ways. They may themselves be the objects of privatization since in many countries a significant fraction of the banking industry is publicly owned. This is the case in France, Spain and Italy. But banks can also be important buyers of the equity of industrial firms sold by the government if they are allowed to do so. The authors characterize privatizations as a very good opportunity to set up the right environment for the development of new financial intermediaries and in general for asound corporate governance system.

Download or read book Corporate Governance and Capital Flows in a Global Economy written by Peter Cornelius and published by Oxford University Press, USA. This book was released on 2003 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: With global financial markets having become more integrated, the book pays particular attention to the role of corporate governance in emerging-market economies and international capital flows. Rich in facts and ideas, the book is for anyone interested in financial crises, international risk management and global competitiveness.

Download or read book Reviewing U S capital market structure written by United States. Congress. House. Committee on Financial Services. Subcommittee on Capital Markets, Insurance, and Government Sponsored Enterprises and published by . This book was released on 2003 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Globalization of Corporate Governance written by Alan Dignam and published by Routledge. This book was released on 2016-03-09 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: The process of economic globalization, as product and capital markets have become increasingly integrated since WWII, has placed huge, and it is argued by some, irresistible pressures on the world's 'insider' stakeholder oriented corporate governance systems. Insider corporate governance systems in countries such as Germany, so the argument goes, should converge or be transformed by global product and capital market pressures to the 'superior' shareholder oriented 'outsider' corporate governance model prevalent in the UK and the US. What these pressures from globalization are, how they manifest themselves, whether they are likely to cause such a convergence/transformation and whether these pressures will continue, lie at the heart of the exploration in this volume. The Globalization of Corporate Governance provides a detailed analysis of the evolution of the key corporate governance systems in the UK, the US and Germany from the perspective of the development of economic globalization. As such it is a valuable resource for those interested in how economic and legal reforms interact to produce change within corporate governance systems.

Download or read book Competitiveness Issues written by United States. General Accounting Office and published by . This book was released on 1993 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Competitiveness Issues written by and published by DIANE Publishing. This book was released on 1993-12 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Corporate Governance in Context written by Klaus J. Hopt and published by . This book was released on 2005 with total page 976 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increased regulatory competition has sharpened the comparative awareness of advantages or disadvantages of different national models of political economy, economic organization, governance and regulation. Although institutional change is slow and subject to functional complementarities as wellas social and cultural entrenchment, at least some features of successful modern market economies have been in the process of converging over the last decades. The most important change is a shift in governance from state to the market. As bureaucratic ex-ante control is replaced by judicial ex-postcontrol, administrative discretion is replaced by the rule of law as guidelines for the economy. Furthermore, at least to some extent, public enforcement is being reduced in favor of private enforcement by way of disclosure, enhanced liability, and correspondent litigation for damages. Corporatistapproaches to governance are giving way to market approaches, and outsider and market-oriented corporate governance models seem to be replacing insider-based regimes.This transition is far from smooth and poses a daunting challenge to regulators and academics trying to redefine the fundamental governance and regulatory setting. They are confronted with the task of making or keeping the national regulatory structure attractive to investors in the face ofcompetitive pressures from other jurisdictions to adopt state-of-the-art solutions. At the same time, however, they must establish a coherent institutional framework that accommodates the efficient, modern rules with the existing and hard-to-change institutional setting. These challenges - put in acomparative and interdisciplinary perspective - are the subject of the book. As a reflection of the transnationality of the issues addressed, the world's three leading economies and their legal systems are included on an equal basis: the EU, the U.S., and Japan across each of the subtopics ofcorporations, bureaucracy and regulation, markets, and intermediaries.

Download or read book Creating Competitive Markets written by Marc Karnis Landy and published by . This book was released on 2007 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Promoting competition is not just about removing legal controls and then getting out of the way. It also requires that policymakers consciously design new markets, often with significant rules and regulations to promote efficiency. In this book, leading experts from academia, government, and the private sector evaluate efforts at market design.

Download or read book Corporate Governance Product Market Competition and Equity Prices written by Xavier Giroud and published by . This book was released on 2008 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Sarbanes Oxley and the Competitive Position of U S Stock Markets written by Mark Jickling and published by Nova Science Publishers. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Certain foreign exchanges have recovered more quickly from the 2000-2002 bear market, but, on the whole, there is little evidence that the US stock market is becoming less attractive to companies seeking to raise capital. This book suggests that rising regulatory costs have not precipitated any crisis in US markets.

Download or read book Corporate Governance After the Financial Crisis written by Stephen M. Bainbridge and published by Oxford University Press, USA. This book was released on 2012-02-16 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The years from 2000 to 2010 were bookended by two major economic crises. The bursting of the dotcom bubble and the extended bear market of 2000 to 2002 prompted Congress to pass the Sarbanes-Oxley Act, which was directed at core aspects of corporate governance. At the end of the decade came the bursting of the housing bubble, followed by a severe credit crunch, and the worst economic downturn in decades. In response, Congress passed the Dodd-Frank Act, which changed vast swathes of financial regulation. Among these changes were a number of significant corporate governance reforms. Corporate Governance after the Financial Crisis asks two questions about these changes. First, are they a good idea that will improve corporate governance? Second, what do they tell us about the relative merits of the federal government and the states as sources of corporate governance regulation? Traditionally, corporate law was the province of the states. Today, however, the federal government is increasingly engaged in corporate governance regulation. The changes examined in this work provide a series of case studies in which to explore the question of whether federalization will lead to better outcomes. The author analyzes these changes in the context of corporate governance, executive compensation, corporate fraud and disclosure, shareholder activism, corporate democracy, and declining US capital market competitiveness.

Download or read book Corporate Governance Product Market Competition and Equity Prices written by Xavier Giroud and published by . This book was released on 2012 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines the hypothesis that firms in competitive industries should benefit relatively less from good governance, while firms in non-competitive industries - where lack of competitive pressure fails to enforce discipline on managers - should benefit relatively more. Whether we look at the effects of governance on long-horizon stock returns, firm value, or operating performance, we consistently find the same pattern: The effect is monotonic in the degree of competition, it is small and insignificant in competitive industries, and it is large and significant in non-competitive industries. By implication, the effect of governance (in non-competitive industries) reported in this paper is stronger than what has been previously reported in Gompers, Ishii, and Metrick (2003, quot;SGIMquot;) and subsequent work, who document the average effect across all industries. For instance, GIM's hedge portfolio - provided it only includes firms in non-competitive industries - earns a monthly alpha of 1.47%, which is twice as large as the alpha reported in GIM. The alpha remains large and significant even if the sample period is extended until 2006. We also revisit the argument that investors in the 1990s anticipated the effect of governance, implying that the alpha earned by GIM's hedge portfolio is likely due to an omitted risk factor. We find that while investors were indeed not surprised on average, they underestimated the effect of governance in non-competitive industries, the very industries in which governance has a significant effect in the first place.

Download or read book Capital Markets and Corporate Governance written by Nicholas Dimsdale and published by Oxford University Press on Demand. This book was released on 1994 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contributors: N. Dimsdale, J. Kay, P. Marsh, J. Charkham, A. Sykes, D. McWilliams, A. Sentance, M. Middleton, D. Lomax, C. Mayer, A. Beecroft, A. Hughes, M. Prevezer, M. Ricketts, J. Edwards, E. Schneider-Lenne, J. Corbett, S. Masuyama, K. FischerRWritten by leading academics, bankers, and consultants, this book discusses major issues in corporate governance. The papers concentrate upon the financing of corporations, and the role of the banks and stock markets in the United Kingdom, Germany, and Japan. A central theme of the book is aconstant awareness of the links between the accountability of senior managers, the system of corporate governance, and the performance of a company.The contributors examine the role of shareholders, company boards, and managers under a market-based system as in the UK and USA, in comparison with the `insider' system found in Japan and, to a lesser extent, Germany. They discuss the view that this UK system leads to a preoccupation withshort-term corporate performance and a greater likelihood of hostile takeovers. The contribution of the banks to corporate finance and control is also examined, including a discussion of the spcial problems of small forms. The Japanese and the German financial and corporate systems areauthoritatively analysed.