Download or read book Effective Company Disclosure in the Digital Age written by Gill North and published by Kluwer Law International B.V.. This book was released on 2015-10-16 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Effective corporate reporting and disclosure are critical in financial markets to promote vigorous competition, optimal performance, and transparency. This book examines whether existing disclosure frameworks in eight countries with the world's most significant securities exchanges achieve these objectives, and then, drawing on extensive empirical findings, identifies the policies and practices that contribute most to improving the overall quality of listed company reporting and communication. Contending that public disclosure of listed company information is an essential precondition to the long-term efficient operation of financial markets, the book provides analysis of such issues and topics as the following: - arguments for and against mandatory disclosure regimes; - key principles of periodic and continuous disclosure regulation; - tensions between direct and indirect investment in financial markets; - assumptions concerning the need to maintain a privileged role for financial intermediaries; - intermediary, analyst, and research incentives; - protection of individual investors; - selective disclosure; - disclosure of bad news; - the role of accounting standards; - public access to company briefings; - long term performance reporting and analysis; and - company reporting developments. A significant portion of the book provides an overview of disclosure regulation and practice in the United States, Canada, Germany, the United Kingdom, Japan, Hong Kong, Australia, and Singapore. A highly informative survey looks at company reports, disclosures, and websites of large listed companies, including Microsoft, Citigroup, Teck Resources, Deutsche Bank, BP, Sony, PetroChina Company, BHP Billiton, and Singapore Telecommunications. The book discusses common disclosure issues that arise across jurisdictions, provides valuable insights on the efficacy of existing disclosure regulation and practice, and highlights the important principles, processes, and practices that underpin best practice company disclosure frameworks. It will be welcomed by company boards and executives and their counsel, as well as by policymakers and scholars in the areas of corporate, securities, banking and financial law, accounting, economics and finance.

Download or read book Governance in the Digital Age written by Brian Stafford and published by John Wiley & Sons. This book was released on 2019-04-16 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new edition of the #1 text in the human computer Interaction field! This book seeks to chart the technology-fueled changes taking place in the field of corporate governance and describes the impact these changes are having on boards and the enterprises they govern. It also describes what the future could look like once companies truly embrace the power of technology to change governance. Additionally, this book will provide a set of "suggested action steps" for companies and their boards focused on ways they can leverage technology tools to enhance governance immediately. Through a review of the latest governance research, interviews with key thought leaders, and case studies of enterprises that have embraced governance technology, readers will be armed with new insights and approaches they can take to enhance the work of their boards and senior leaders to reach new levels of performance. Explains how to use design and evaluation techniques for developing successful interactive technologies Demonstrates, through many examples, the cognitive, social and affective issues that underpin the design of these technologies Provides thought-provoking design dilemmas and interviews with expert designers and researchers Uses a strong pedagogical format to foster understanding and enjoyment An accompanying website contains extensive additional teaching and learning material including slides for each chapter, comments on chapter activities, and a number of in-depth case studies written by researchers and designers.

Download or read book Corporate E Governance Disclosure in the Digital Age written by Juan L. Gandía and published by . This book was released on 2008 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate governance research has focused mainly on the analysis of the information that firms ought to disclose and the effects of disclosure, basically without considering the media involved. This paper examines the relevance of technology, and particularly the internet, for the improvement of corporate governance and transparency in listed companies. The need for this study is clear in view of the increasing interest shown by supervisory authorities for the oversight of the European and US capital markets in regulating not only content but also the manner in which corporate governance information is disclosed over the internet. In this paper we have quantified three corporate governance transparency indexes and empirically identified the variables that explain the levels of disclosure attained. Our results reveal that the firms scoring highest in terms of transparency are also those that are most likely to use the internet as a channel for the disclosure of corporate governance information. Key factors underlying the levels of transparency observed include the degree to which firms are followed by analyst, the time they have been listed, their visibility and the fact of belonging to the communications and information services sector.

Download or read book Engaging Privacy and Information Technology in a Digital Age written by National Research Council and published by National Academies Press. This book was released on 2007-06-28 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privacy is a growing concern in the United States and around the world. The spread of the Internet and the seemingly boundaryless options for collecting, saving, sharing, and comparing information trigger consumer worries. Online practices of business and government agencies may present new ways to compromise privacy, and e-commerce and technologies that make a wide range of personal information available to anyone with a Web browser only begin to hint at the possibilities for inappropriate or unwarranted intrusion into our personal lives. Engaging Privacy and Information Technology in a Digital Age presents a comprehensive and multidisciplinary examination of privacy in the information age. It explores such important concepts as how the threats to privacy evolving, how can privacy be protected and how society can balance the interests of individuals, businesses and government in ways that promote privacy reasonably and effectively? This book seeks to raise awareness of the web of connectedness among the actions one takes and the privacy policies that are enacted, and provides a variety of tools and concepts with which debates over privacy can be more fruitfully engaged. Engaging Privacy and Information Technology in a Digital Age focuses on three major components affecting notions, perceptions, and expectations of privacy: technological change, societal shifts, and circumstantial discontinuities. This book will be of special interest to anyone interested in understanding why privacy issues are often so intractable.

Download or read book Continuous Disclosure of Chinese Cross Border Listed Companies in Australia written by Belle Qi Guo and published by Springer Nature. This book was released on 2023-11-05 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies an overarching question of the challenges faced by Chinese lawmakers, Chinese listed companies, Chinese companies’ external advisers, and securities regulators in dealing with Chinese cross-border listed companies’ continuous disclosure in Australia, and how can these challenges be addressed. Chinese listed companies are struggling to meet the continuous disclosure requirements while listing in Australia and have even been depicted as having poor corporate governance and transparency. Many get delisted from the securities market in Australia subsequently due to non-compliance in continuous disclosure or are straight rejected from listing because of continuous disclosure compliance concerns. This book cuts in from this angle and delves deep into the overarching question through the following four sub-questions: What are the theories and policies behind the continuous disclosure regimes in Australia and China and how have they been differently implemented in the securities markets in these two countries? What are the deficiencies, at the intracompany level, contributing to Chinese cross-border listed companies’ non-compliant continuous disclosure in Australia? What are the limitations, from the perspective of external advisers’ efforts, contributing to Chinese cross-border listed companies’ non-compliant continuous disclosure in Australia? What are the difficulties, at the regulatory level, contributing to Chinese cross-border listed companies’ non-compliant continuous disclosure in Australia? In addressing these questions and putting forward corresponding reform proposals, this book takes not only legal but also historical, cultural, and political-economic factors into consideration.

Download or read book Corporate Disclosure in the Internet Age written by Peter J. Wallison and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Put aside the wild daily swings in the market for a moment and concentrate on this key fact: the ratio of market values to book values of S&P 500 companies has ascended from one-to-one in the late 1970s to six-to-one today. For some, this reflects excessive speculation, an unsustainable bubble. But a better explanation may be that during this period the source of value creation in our economy moved from tangible to intangible assets, from hardware to software-literally, from bricks and mortar to brains. A transition this significant requires big changes in the legal and regulatory framework in which the economy functions. Significant modernization has occurred in the frameworks applicable to financial services and telecommunications. Yet, suprisingly, as the information age has advanced and balance sheets have become less relevant as measure of true value, there has been relatively little change in the regulatory requirements for disclosure, including the contents of the financial statements that form the heart of our corporate disclosure system. The growing gap between balance sheet and market values tells us that we will need something different in the future, as more and more companies earn their profits from intangible assets. Failure to properly value intangibles can result in distorted valuation, volatility and, perhaps, a bubble. So what is to be done? First, the existing model for financial disclosure must be updated so that it does a better job of reflecting the value of the intangibles that are the core assets of the information economy. Investors will be best served if all assets -tangible and intangible-are measured and reported, even if the value of some intangibles can only be communicated through indicators. Such an indicator could consist of a company's product returns, for example. In addition, financial reporting must be forward-looking, describing not only historical cost, but providing as accurate a snapshot as possible of an organization's current operations and likely future prospects. In part, this can be done through business releasing non-financial data that can be analyzed against the data of competitors and industry benchmarks. To achieve these objectives, a number of prominent analysts and accounting theorists have suggested that companies supplement their current financial reports with databases, accessible through the internet, These would contain more finely grained components of the current asset, liability and expense categories than the information aggregated in conventional quarterly and annual reports. Other useful data elements would include indicators from which the status of such intangibles as customer loyalty and employee satisfaction might be derived. The number of times a customer makes purchases of a household item from a particular company is a clear example. Work is already under way in many industries to settle only the precise definitions of various data elements that would be used for electronic data interchange, This work uses a new data processing language known as extensible markup language (XML) that permits the tagging of the multiplicity of data elements that are part of the movement of goods in a supply chain. The tags allow software applications of various kinds to dip into this pool of data and extract the information necessary for carrying on business transactions in t a common language. When applied to financial information, it would permit more rapid and thorough analysis and benchmarking, Most important, it would permit assessments of company prospects to become user-driven, rather than issue-driven. But a framework is clearly necessary to achieve this. We need a reliable model encouraged by regulators but user and market-driven, and developed by analysts, corporate financial officers and the accounting profession. As new approaches to disclosure take hold-such as the recent and unconventional release of customer acquisition costs by Amazon.com-the role of accountants will change. Instead of certifying financial statements, accountants may work on defining data elements providing assurance for the reliability of company data disclosures. In addition, as US and international accounting standard converge, accountants may acquire responsibility for reporting on the reliability of indicators used to measure the intangible assets-such as those that increasingly represent the core value of may companies. The US economy continues to spawn innovative companies and new ideas. It would be ironic if the capital markets, which supply the necessary financing for innovation and change, were unable to benefit from the vast improvements in information use that the internet has made possible.

Download or read book Technology and Corporate Law written by Godwin, Andrew and published by Edward Elgar Publishing. This book was released on 2021-08-27 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the overwhelming impact of technology on modern life, this thought-provoking book critically analyses the interaction of innovation, technology and corporate law. It highlights the impact of artificial intelligence and distributed ledgers on corporate governance and form, examining the extent to which technology may enhance or displace conventional theories and practices concerning corporate governance and regulation. Expert contributors from multiple jurisdictions identify themes and challenges that transcend national boundaries and confront the international community as a whole.

Download or read book Corporate Governance Codes for the 21st Century written by Jean J. du Plessis and published by Springer. This book was released on 2017-04-19 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is the first comprehensive consideration, since the UK Cadbury Report recommended a voluntary Corporate Governance Code, of the question whether Corporate Governance Codes are the most effective way of ensuring adherence to good corporate governance principles. There is no doubt that the idea of voluntary compliance with good corporate governance practices, based on the principle of ‘comply or explain’, has captured the imagination of the world. It is probably one of the best and most comprehensive examples of ‘self-regulation’ ever seen in any area where the society could be affected significantly, for current purposes by corporations.However, is this the most effective way of ensuring that corporations act responsibly and adhere to good corporate governance principles? Have these Codes really improved corporate governance practices significantly? Is it time for a rethink and, at least in certain areas, start to rely more on ‘hard law’ and clearer expectations to ensure compliance? All these issues are addressed in the book.

Download or read book Navigating the Digital Age written by Matt Aiello and published by . This book was released on 2018-10-05 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Welcome to the all-new second edition of Navigating the Digital Age. This edition brings together more than 50 leaders and visionaries from business, science, technology, government, aca¬demia, cybersecurity, and law enforce¬ment. Each has contributed an exclusive chapter designed to make us think in depth about the ramifications of this digi-tal world we are creating. Our purpose is to shed light on the vast possibilities that digital technologies present for us, with an emphasis on solving the existential challenge of cybersecurity. An important focus of the book is centered on doing business in the Digital Age-par¬ticularly around the need to foster a mu¬tual understanding between technical and non-technical executives when it comes to the existential issues surrounding cybersecurity. This book has come together in three parts. In Part 1, we focus on the future of threat and risks. Part 2 emphasizes lessons from today's world, and Part 3 is designed to help you ensure you are covered today. Each part has its own flavor and personal¬ity, reflective of its goals and purpose. Part 1 is a bit more futuristic, Part 2 a bit more experiential, and Part 3 a bit more practical. How we work together, learn from our mistakes, deliver a secure and safe digital future-those are the elements that make up the core thinking behind this book. We cannot afford to be complacent. Whether you are a leader in business, government, or education, you should be knowledgeable, diligent, and action-oriented. It is our sincerest hope that this book provides answers, ideas, and inspiration.If we fail on the cybersecurity front, we put all of our hopes and aspirations at risk. So we start this book with a simple proposition: When it comes to cybersecurity, we must succeed.

Download or read book Globalisation of Corporate Social Responsibility and its Impact on Corporate Governance written by Jean J. du Plessis and published by Springer. This book was released on 2018-02-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the increasing overlap between Corporate Social Responsibility (CSR) and law with a particular focus on company law and corporate governance. What is the impact of CSR on company law and corporate governance and, vice versa? How do these systems impact on CSR? Do they enable, require or prevent the socially responsible conduct of companies, for example, through corporate theory, directors’ duties or disclosure laws? What is the role of shareholders and directors in the promotion of CSR?The theme of the book ensures a sharing of ideas and experiences globally and internationally for all jurisdictions to consider core legal and social aspects of CSR.

Download or read book Corporate Whistleblowing Regulation written by Sulette Lombard and published by Springer Nature. This book was released on 2020-01-09 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts a cross-jurisdictional perspective to consider contemporary corporate whistleblowing issues from an ethical theoretical perspective, regulatory perspective, and practical perspective. It includes in particular arguments in favour of and against the adoption of financial incentive schemes for whistleblowers, as well as the potential implications of adopting such schemes. This approach provides a valuable opportunity for comparison from a law reform perspective. The book brings together authors from various jurisdictions – Canada, Australia, and the USA – who, through their exposure to this area of law, be it as practitioners, regulators, or academics, offer valuable and interesting insights on the emerging and topical area of corporate whistleblowing generally, and whistleblowing rewards in particular. These three jurisdictions were selected on the basis of their reform-oriented stance on corporate whistleblowing and/or implementation of financial incentives for whistleblowing, creating an opportunity to assess contemporary regulatory structures and in particular how incentives measures could interact with corporate whistleblowing regulatory frameworks, and how they could contribute to improved governance. The reasons for the rejection of the notion of financial incentives in the United Kingdom are also reviewed, in order to provide a comparative overview. The book provides useful guidance for those who may be affected by the implementation of corporate whistleblowing schemes, including for reward, whether as regulators, practitioners, company directors, or whistle blowers.

Download or read book Creating Corporate Sustainability written by Beate Sjåfjell and published by Cambridge University Press. This book was released on 2018-05-24 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: This compelling volume considers three significant modern developments: the ever-changing role of women in society; a significant and growing dissatisfaction with current dominant understandings of corporate governance, corporate law and corporate theory; and the increasing concern to establish sustainable business models globally. A range of female scholars from across the globe and from different disciplines interconnect these ideas in this unique collection of new and thought-provoking essays. Readers are led through a carefully planned enquiry focussing initially on female activism and the corporation, secondly on liberal attempts to include women in business leadership and, finally, on critiquing the modern focus on women as a 'fix' for ethical and unsustainable business practises which currently dominates the corporate world. This collection presents a fresh perspective on what changes are needed to create the sustainable corporation and the potential role of women as influencers or as agents for these changes.

Download or read book Human Rights Responsibilities in the Digital Age written by Jonathan Andrew and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the tangled responsibilities of states, companies, and individuals surrounding human rights in the digital age. Digital technologies have a huge impact – for better and worse – on human lives; while they can clearly enhance some human rights, they also facilitate a wide range of violations. States are expected to implement efficient measures against powerful private companies, but, at the same time, they are drawn to technologies that extend their own control over citizens. Tech companies are increasingly asked to prevent violations committed online by their users, yet many of their business models depend on the accumulation and exploitation of users' personal data. While civil society has a crucial part to play in upholding human rights, it is also the case that individuals harm other individuals online. All three stakeholders need to ensure that technology does not provoke the disintegration of human rights. Bringing together experts from a range of disciplines, including law, international relations, and journalism, this book provides a detailed analysis of the impact of digital technologies on human rights, which will be of interest to academics, research students and professionals concerned by this issue.

Download or read book The Alternative Investment Fund Managers Directive written by Dirk Zetzsche and published by Kluwer Law International B.V.. This book was released on 2020-09-17 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the ten years since its coming into force, the Alternative Investment Fund Managers Directive (AIFMD), with almost EUR 7 trillion assets under management in its remit, has become an important piece of European regulation complementing the Undertakings for Collective Investment in Transferable Securities (UCITS) and the Markets in Financial Instruments (MiFI) frameworks. This third edition of the most comprehensive and in-depth analysis of the AIFMD and its related European investment fund legislation (including the European Venture Capital Fund Regulation, the European Social Entrepreneurship Fund Regulation, the European Long-Term Investment Fund Regulation and the European Money Market Fund Regulation among others) brings together fund industry experts, fund supervisors, consultants, lawyers and academics to discuss the content and system of the directive from every angle, including its relation not only to the UCITS and MiFI frameworks but also to pension funds, the Sustainable Finance Disclosure Regulation, the Securitization Regulation and the Cross Border Funds Distribution Directive and Regulation, as well as related pieces of tax regulation at the European level. Further, the third edition emphasizes the function of such factors in the financial services value chain as the following: the AIFMD’s approach to robo-advisors; digital asset funds; infrastructure investments in the context of real estate and sustainable investments; risk management; transparency; and impact on alternative investment strategies. Five country reports, focusing on the European Union’s five most important financial centres for alternative investment funds, deal with the potential interactions among the AIFMD and the relevant laws and regulations of France, Germany, Luxembourg, Ireland and The Netherlands. This thoroughly updated edition elaborates on potential difficulties encountered when applying the directive and provides potential solutions to the problems it raises. The book is sure to be warmly welcomed by fund lawyers and consultants, investors and their counsels, fund managers, depositaries, asset managers and administrators, as well as regulators and academics in the field.

Download or read book Bank Recovery and Resolution written by Sven Schelo and published by Kluwer Law International B.V.. This book was released on 2020-10-14 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bank Recovery and Resolution Second Edition Sven Schelo Since 2008, enormous efforts have been made worldwide to draft rules to prevent a reoccurrence of the devastating financial events of that year. In the process, bank business has been laid open to intense public and government scrutiny, and regulation of banking has grown to spectacular proportions. Prominent among the measures taken is the EU Bank Recovery and Resolution Directive (BRRD), which, together with the Single Resolution Mechanism (SRM) and the Single Resolution Fund, constitutes a crucial new pillar in the European Banking Union. Practitioners searching for orientation in what can readily be perceived as a ‘jungle’ have an urgent need for a clear and systematic description and analysis of these new rules, which are sure to have a massive impact on bank business from this time on, not only in Europe but also wherever European business is to be found. The solidly grounded analysis in this important book sets the new rules under BRRD into their full context as cross-border phenomena. With its crystal-clear explanation of key provisions, procedures, and ‘triggers’, the book organises a highly complex legal system into patterns and action plans that can be applied in virtually any eventuality likely to arise in cases where bank business is of central significance. Among the topics covered are the following: – entities covered by BRRD; – exceptions under BRRD; – objective and scope of BRRD tools – bail-in, bridge bank, sale of business, asset separation; – asset quality reviews; – curing or mitigating the continuing problem of non-performing loans; – new rules as response to lack of private solutions; – banks’ requirement to provide a minimum amount of eligible liabilities; – safety buffers to protect resolution; – need to be ‘resolvable’ in a worst case; – leverage and liquidity ratios; – forced mergers; – market spillover effects of recovery planning; – group recovery planning; – effects of foreign law contracts and assets; – write-down of capital instruments; and – special problems of cross-border restructuring. The presentation is enhanced by a comparative dimension, which includes reference to United States and other national developments and a full-scale analysis of Switzerland’s regulatory response to the crisis. Given that a full seamless global system of bank recovery and resolution has not yet been found, and that major banks are global players headquartered in different jurisdictions and even different continents, this book will greatly assist in the work of practitioners who must deal with cases involving international banking under the prevailing status quo. Its usefulness to officials and academics in international banking and finance law and policy, who are working towards a global solution, is of incalculable value.

Download or read book A European Central Bank Standing Guard over a European Currency Union written by Jan Meyers and published by Kluwer Law International B.V.. This book was released on 2024-04-26 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this year of the euro’s 25th anniversary, the book revisits the architecture of the European currency union as it continues to evolve and faces today’s concurrent challenges posed by its members’ high and diverging government debt levels, debt sustainability concerns, and the considerable public expenditures, investments and reforms needed in particular to address climate change and the green transition. Key components reviewed include the single monetary policy for the eurozone; the common rules and processes for keeping a measure of discipline and orderliness in the members’ economic and budgetary policies; the containment of financial fragmentation within the eurozone; and stability support for members under financial stress. The book focuses on the central role of the European Central Bank (ECB) and considers such issues as: how the ECB has defined its monetary policy mandate and calibrated its actions within the matrix of broadly worded objectives and constraints set by the EU Treaties; the possible tensions and trade-offs between the ECB’s primary mission of inflation control and the episodic need to avert risks to financial stability, contain financial fragmentation and preserve the cohesion of the European currency union; the difficulties of a single monetary policy interacting with the relative heterogeneity of economic characteristics and national fiscal policies across the eurozone; the ECB’s possible role in supporting the transition to a lower-carbon economy; and how judicial review by the European Court of Justice has to contend with the complexities and inherent uncertainties of monetary analysis and the ECB’s need of a broad margin of policy judgment. As part of the EU’s incomplete economic and monetary union, the currency union remains a work in progress. The challenges and choices at hand present serious legal questions that cannot be viewed in isolation from the economic and political issues—a kind of 3D combination puzzle to be solved.

Download or read book Rethinking Regulation of International Finance written by Uzma Ashraf Barton and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why have financial standards and institutions almost always failed to effectively predict and respond to real-world financial crises? The answer, this challenging book shows, is that international financial law suffers from a persistent lack of judicial or quasi-judicial enforcement mechanisms, leaving flaws in the structure of the international financial system that lead inevitably to excesses that threaten the public good of global financial stability. The author, an internationally renowned legal expert on financial and fiscal reforms, responds to the increasingly urgent call for rethinking the structure and the functioning of international financial law. Centering on the concept of enforcement – which continues to be an unresolved issue in the discipline of international financial law – the analysis describes the likely contours of hard-law regulatory reform. It weighs the pros and cons of much-talked-about regulatory and policy issues like the following and more: – policy implications from the transformation of finance from a domestic to an international concept; – new or revised supervisory and regulatory bodies with redefined mandate, jurisdictions and powers; – possibility of a treaty-based structure similar to the European Union’s integration framework; and – consolidation of crisis-prevention and crisis-management policies; The analysis takes into account instances from trade and monetary systems pertinent to the development of the discipline of international financial law. A concluding chapter explores possibilities for putting in place an asset-backed resilient financial system based on risk-sharing and empowered to legislate reform and authorized to seek compliance from its members. With its provision of unconventional alternatives for further development of international financial law to realize stable, predictable and robust international markets – including early-warning systems and fully primed crisis-prevention mechanisms – the book explores the essential link between global financial stability, effective regulation and institutional development that will engender realistic global policy solutions. It will prove to be of great importance to regulatory and legal practitioners as well as to academic and think-tank scholars.