Download or read book Business Risks as Legal Problem Risk Management as Obligation for the Management written by Christoph Mootz and published by GRIN Verlag. This book was released on 2004-07-27 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2004 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: 1,7 (A-), Technical University of Darmstadt (jurisprudence, law), language: English, abstract: “In the strict reflection there is no difference regarding the legal basis of risk management between now and yesterday, also according to the old law the management was obligated to recognize developments which were threatening to the existence of the company” is the comment of the minister of justice to the debate of the “Gesetz zur Kontrolle und Transparenz im Unternehmensbereich (KonTraG)”. Due to the raising rate of insolvencies, increasing number of company crises and because of the “corporate governance” discussion, the legislator recognized the need to develop a new law. The KontraG was introduced at the 5th of March 1998, which mainly influenced the “Aktien- and Handelsgesetzbuch”. The consequences of this law are discussed highly controversal by experts. There is no general opinion, particularly in terms of the commitment of the introduction of a risk management according to the §91 Abs.2 AktG. The following analysis of the legal basis specifies the de facto obligations of a stock corporation management in regards to risk management. Chapter 2 gives a theoretical and historical introduction into the topic of risk management. It is essential to understand the meaning of risk management in terms of how a manager, opposed to a lawyer, would define it. Chapter 3 discusses the legal foundation of risk management. In order to understand the different obligations required by the new law, the chapter is separated into the analysis of the old legal foundation then the new.
Download or read book The Legal Risk Management Handbook written by Matthew Whalley and published by Kogan Page Publishers. This book was released on 2016-12-03 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal risk covers all areas of business where regulation and the law impact on operations and decisions. From risks arising from contract drafting and management, through to regulators' new focus on conduct, as well as compliance, regulatory and dispute risks, the effective management of legal risk is key for organizations that want to maximise value while minimizing cost and exposure to legal losses. The Legal Risk Management Handbook is a practical guide to making sure your business is legal, protected and making the most of its opportunities. Written by experts in law and risk management, this highly practical guide sets out a clear definition for legal risk and a framework for its management. Covering the full spectrum of legal risks that international businesses can face, it translates legal concepts into clear mitigatory actions. Whether you are an in-house lawyer needing a clear approach to managing risk in your areas of influence, or a member of the risk management function needing a jargon-free guide to your company's legal responsibilities, you will find authoritative insight and guidance. Containing case studies from international businesses and real-life insights from those at the coal-face of legal risk management, The Legal Risk Management Handbook is essential reading for everyone who needs a better understanding of this important business topic. Now includes online resources: author-recorded lectures that align with the book and the Legal Risk Management course at Texas A&M School of Law, U.S.
Download or read book Risk Management and Corporate Governance written by Marijn van Daelen and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In reaction to the recent financial crisis and corporate failures at the beginning of the millennium, the emphasis of the business community in corporate governance has shifted towards internal control and risk management issues. As a result, risk management discussion has reached an unprecedented level for academics and practitioners alike. This international, multidisciplinary book provides a comprehensive overview of the risk management landscape, encompassing its challenges and problems and taking stock of its influence on both companies and society as a whole. The eminent contributors review historical and current provisions relating to internal control and risk management in Europe and in the USA. They address the interconnected consequences of the necessity of risk management, and illustrate that a comprehensive approach needs to be further improved. The pros and cons of both the rule-based and the principle-based approaches are analysed, showing that the latter makes it more feasible for sound business practices to be combined with strategic company goals, and for the relationship between entrepreneurial risk taking and sound risk governance management to be in equilibrium. The book also presents a balanced supervision framework, which both promotes prevention of excessive risk taking and tackles risk failure.
Download or read book Management in Physical Therapy Practices written by Catherine G Page and published by F.A. Davis. This book was released on 2015-02-06 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: That’s why we’ve provided wisdom you won’t find in any other Management text—practical business principles and perspectives for all types of clinical settings to help you prepare for wherever life may lead you. Walk through true stories of trials and triumphs as Catherine Page shows you how to create a personal business plan that will set you up for success—whether you decide to own a clinic or focus on direct patient care.
Download or read book A Short Guide to Contract Risk written by Helena Haapio and published by Routledge. This book was released on 2017-03-02 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: Savvy managers no longer look at contracting processes and documents reactively but use them proactively to reach their business goals and minimize their risks. To succeed, these managers need a framework and A Short Guide to Contract Risk provides this. The foundation of identifying and managing contract risk is what the authors call Contract Literacy: a set of skills relevant for all who deal with contracts in their everyday business environment, ranging from general managers and CEOs to sales, procurement and project professionals and risk managers. Contracts play a major role in business success. Contracts govern companies' deals and relationships with their suppliers and customers. They impact future rights, cash flows, costs, earnings, and risks. A company's contract portfolio may be subject to greater losses than anyone realizes. Still the greatest risk in business is not taking any risks. Equipped with the concepts described in this book, business and risk managers can start to see contracts differently and to use them to find and achieve the right balance for business success and problem prevention. What makes this short guide from the authors of the acclaimed Proactive Law for Managers especially valuable, if not unique, is its down-to-earth managerial/legal approach. Using lean contracting, visualization and the tools introduced in this book, managers and lawyers can achieve legally sound contracts that function as managerial tools for well thought-out, realistic risk allocation in business deals and relationships.
Download or read book Risk Management written by Antonio Borghesi and published by Springer Science & Business Media. This book was released on 2012-10-06 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: Businesses now operate amid a welter of risks that exist at various levels, both inside companies and at the network level. This handbook provides the latest integrated managerial approaches that help protect businesses from adverse events and their effects.
Download or read book Agreements Forms and Checklists for Risk Managers written by Bryan E. Hopkins and published by PartridgeIndia. This book was released on 2014-04 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today's business environment, companies either properly manage the complex world of legal and corporate risk or suffer the consequences. The wrong decision can kill a company-but how can those responsible for risk management keep on top of company needs? In this guide, author Bryan E. Hopkins discusses the numerous areas of legal and corporate risk that managers and their company counsels face. Hopkins provides agreements, forms and checklists needed to implement a sound legal risk management program and mitigate, shift and prevent legal and corporate risk through careful management. Managers and practitioners will also find practical and detailed information on how to identify legal risk and use legal and corporate risk management contracts and checklists. Written by an international lawyer and corporate counsel with decades of experience in risk management, Agreements, Forms and Checklists for Risk Managers seeks to help you deal with processes and procedures needed to protect any organization in today's complex and hostile business environment.
Download or read book The Art of Legal Risk Management written by Bryan E. Hopkins and published by Partridge Publishing Singapore. This book was released on 2019-09-04 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a result of corporate scandals, government investigations, disasters, and fines, legal risk management has become more critical than ever. The term covers legal issues such as class action lawsuits, product liability claims, government investigations and fines, shareholder actions, and other legal-related matters. To navigate this complex world, companies need to be proactive about instituting a legal risk management program. Bryan E. Hopkins, an international lawyer, combines legal risk concepts with enterprise risk management and other risk management ideas to help companies get smart about managing risk in this guide. Find out how to: • apply legal risk management concepts in a corporate setting; • understand how to manage regulatory and compliance issues • avoid accusations of discrimination; and • steer clear of product liability claims. This guide includes a fictional case study with two characters, Eunice Kim and Mr. Lee, who bring the issues revolving around risk management to life. Minimize, mitigate, and transfer legal risk with the lessons, strategies, and action steps in The Art of Legal Risk Management.
Download or read book Legal Risk Management for In House Counsel and Managers written by Bryan E. Hopkins and published by . This book was released on 2013-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Companies must either properly manage the complex world of legal and corporate risk or suffer the consequences. Author Bryan E. Hopkins, the former general counsel of Samsung Electronics America, identifies the numerous areas of legal and corporate risk that managers and their company counsel face daily. More importantly, he provides concrete examples that demonstrate how to minimize or mitigate legal and corporate risk. He provides case studies, practical information, and insights to help you - conduct an initial legal risk assessment; - establish a compliance program; - retain records that minimize risk; - transfer risk;and - navigate the discovery process. Legal counsel must take an active effort in developing strategies, systems, and processes that minimize the legal risks faced by the company on a daily basis. Managers must also be involved to ensure the company develops a successful legal risk management program. Many companies don't think about risk management until they're confronted with class-action lawsuits, product liability claims, government investigations, shareholder actions, and fines. Take a proactive approach to protecting your company with Legal Risk Management for In-House Counsel and Managers.
Download or read book The Complete Guide to Business Risk Management written by Kit Sadgrove and published by Routledge. This book was released on 2020-07-26 with total page 743 pages. Available in PDF, EPUB and Kindle. Book excerpt: Risk management and contingency planning has really come to the fore since the first edition of this book was originally published. Computer failure, fire, fraud, robbery, accident, environmental damage, new regulations - business is constantly under threat. But how do you determine which are the most important dangers for your business? What can you do to lessen the chances of their happening - and minimize the impact if they do happen? In this comprehensive volume Kit Sadgrove shows how you can identify - and control - the relevant threats and ensure that your company will survive. He begins by asking 'What is risk?', 'How do we assess it?' and 'How can it be managed?' He goes on to examine in detail the key danger areas including finance, product quality, health and safety, security and the environment. With case studies, self-assessment exercises and checklists, each chapter looks systematically at what is involved and enables you to draw up action plans that could, for example, provide a defence in law or reduce your insurance premium. The new edition reflects the changes in the global environment, the new risks that have emerged and the effect of macroeconomic factors on business profitability and success. The author has also included a set of case studies to illustrate his ideas in practice.
Download or read book Legal Requirements of Risk Management in Germany written by Usman Ghafoor and published by GRIN Verlag. This book was released on 2016-03-16 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2016 in the subject Business economics - Law, grade: 2,3, Heilbronn University of Applied Sciences, language: English, abstract: The aim of this seminar paper is to illustrate the topic “Legal requirements of risk management in Germany”. An insight into the legal requirements of risk management in a company, e.g. banks and insurances, will be provided. Furthermore, a practical example of risk management at Daimler AG will be described in the following section. Finally, the paper closes with a personal conclusion. The term “risk” is described in literature in many different ways. Risk is being described as a possible deterioration compared to an ex-pected result (loss or damage risk). According to the law “Corporate Sector Supervision and Transparency Act” it means, that a company aspires to fulfil their goals. On the way there are several factors of risk that should be taken into account. The purpose of risk management is to identify, estimate and avert possible risks during a process. Originally, big American companies created risk management out of their insurance policy. Their goal was to significantly reduce insurance premium.
Download or read book Corporate Risk Management written by Dietmar Ernst and published by Springer. This book was released on 2024-04-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In times of crisis, risk management is more important than ever. In addition, companies are obliged to identify, quantify and aggregate risks as part of a risk management system. Legal and auditing standards have set the framework for doing so. This book uses a case study to show ‘step by step’ how risks can be analyzed and quantified with the help of Microsoft Excel. The book begins with the graphical representation of risks and the calculation of risk parameters such as the value at risk. It subsequently aggregates different risks into an overall risk using Monte Carlo simulation. Hedging risks is also explained, and how non-hedgeable risks can be integrated into a business plan. The assessment of extreme risks is also addressed, as is the modeling of volatilities. The book is aimed at students of business administration with a focus on finance.
Download or read book Introduction to Business Ethics written by Gilad James, PhD and published by Gilad James Mystery School. This book was released on with total page 83 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business ethics is an important aspect of modern-day business operations. It refers to the moral principles and values that dictate how business activities should be conducted. The concept of business ethics encompasses a broad range of practices, including transparency, honesty, respect for human rights, fair labor practices, environmental stewardship, and ethical leadership. Business ethics is important for both the internal and external stakeholders of an organization. Internally, businesses that prioritize ethical practices have been found to enjoy higher employee morale, productivity, and overall job satisfaction. Externally, ethical business practices can help build a positive reputation, foster customer loyalty, and increase long-term profitability. There are several critical factors that have contributed to the emergence of business ethics as a cornerstone of modern business practices. These factors include growing public awareness and concern about ethical issues, increasing regulatory and legal requirements, and evolving social and moral norms. This has led to the development of corporate social responsibility, which recognizes the responsibility of organizations to act in a socially responsible manner, taking into account the impact of their activities on the environment, society, and the economy. In conclusion, business ethics has become a fundamental concept in contemporary business operations, with its contribution going beyond just financial profits. It emphasizes the role of organizations in society and emphasizes the importance of operating in a just and equitable manner that respects the interests of all stakeholders. Overall, businesses that prioritize ethical practices demonstrate a commitment to sustainable and responsible business practices that promote the well-being of society as a whole. The success of these businesses is rooted in their ability to balance profitability with a wider social agenda. As businesses continue to evolve and adapt to an ever-changing landscape, it is clear that business ethics will remain a cornerstone of responsible and sustainable business practices.
Download or read book Winning Legally written by Constance E. Bagley and published by Harvard Business Press. This book was released on 2005-11-10 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rash of corporate scandals in recent years underscores a fact too often ignored in the business world: flouting the law holds serious consequences. Indeed, all it takes is one rogue trader, one greedy executive, or one misinformed manager to place an entire organization at risk. But respected legal expert Constance E. Bagley argues that staying out of trouble is only part of the picture when it comes to legality in business. In Winning Legally, Bagley shows how managers can proactively harness the power of the law to maximize corporate value, marshal human and financial resources, and manage risk. Through scores of classic and contemporary examples across the business landscape, this no-nonsense guide completely re-frames the relationship of law to business. Bagley explains how managers can use the law as a strategic tool to help select and work effectively with legal advisers, spot legal issues before they become problems, weigh the legal risks of specific opportunities, and more. Ultimately, the responsibility for making tough business decisions lies with managers--not with lawyers. This timely book shows how managers can combine business audacity and vision with integrity and respect for the law to build truly great and enduring firms. Constance E. Bagley is an associate professor of business administration at Harvard Business School. She was formerly a partner of Bingham McCutchen LLP and co-author of The Entrepreneur's Guide to Business Law.
Download or read book The Risks of Corporate Legal Principles of Risk Management written by Christoph Van der Elst and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate governance codes and corporate law contain provisions of internal control and risk management. First, this paper analyses the state of the art of these provisions in five Western European countries. The regulatory framework stretches from a Frühwarnsystem in Germany over the internal control report of the French chairman of the board and the internal control statement of the Dutch board to the European corporate governance statement and the UK sound risk management maintenance principle. Next, the paper provides insights how a sample of REIT's put the internal control and risk management rules and principles into corporate practice over the last decade. The analysis demonstrates that risk identification, financial risk management and risk response grew to an advanced stage while risk assessment - in particular the impact assessment of non-financial risks - and control activities are still in a development stage. The evidence shows that risk management practices are driven by regulation and legislation. Many but not all internal control features have been harmonized. The last section discusses some of the legal consequences of the finding that in view of both the regulatory developments and corporate practices new risks have emerged. First, the legal requirements as well as the eagerness of companies to fully comply with all best practices create a field of tension between the basic assumption of risk management frameworks in providing (only) reasonable assurance and the (reported) state of the art of managing and apparently controlling all (material) risks. Second, there is the risk related to the friction between the progress in identifying the risk management responsibilities of the concerned corporate parties while there is a standstill of other areas of law and in particular of the liability regimes.
Download or read book Managing Business Risk written by Adam Jolly and published by Kogan Page Publishers. This book was released on 2003 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ensuring business continuity through the effective management of risks has become a boardroom preoccupation. This book highlights the key areas of concern and identifies best practice in risk management for companies large and small.
