Download or read book The German Code of Corporate Governance written by Alicja Krum and published by diplom.de. This book was released on 2002-11-15 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inhaltsangabe:Abstract: The management and supervision of corporations, known as corporate governance in English and, frequently, in German-speaking countries as well, has been a topic of discussion since beginning of the 90's in the USA. After arriving in Great Britain the discussion subsequently spread to Continental Europe. In Germany, the effective supervision of corporations became a central topic of debate after several well-known corporations came under scrutiny for mismanagement. In such cases the corporations supervisory boards were criticised in particular, as their supervision of management was considered insufficient and ineffective. The relation between management and owners of a corporation represents the basic problem of the corporate governance discussion. The management of a corporation must take the interests of large-scale investors and, accordingly, the interests of smaller investors into consideration. Against this background, the influence of the stakeholders is repressed. The shareholder value system, thus, becomes increasingly important. Globalisation and the resulting integration of capital markets has caused more and more large institutional investors -especially, those from Anglo-Saxon countries- to put their financial assets to the test in order to check the efficiency of management and supervision. In Germany, in particular, effective regulations on corporate governance have been missing until now. In most of the other countries with a free market economy, a code of conduct with generally accepted principles is already in existence. These principles enable investors to check and to judge systematically a corporation in regard to its corporate governance. Corporations with transparent supervisory systems obtain clearly better stock quotations as corporations without those systems. Numerous surveys have found that institutional investors are willing to pay up to a 20 percent premium for shares of corporations with good corporate governance. Such investors maintain that transparency and efficient supervision reduce the risk of mismanagement. Due to both the internal pressure of mismanagement and the external change caused by the globalisation of capital markets, the corporate governance discussion in Germany has resulted in much effort to create a system of regulations to make Germany more attractive to international investors. In addition to this, the regulations are intended to stem the criticism of numerous [...]

Download or read book German Corporate Governance in International and European Context written by Jean J. du Plessis and published by Springer Science & Business Media. This book was released on 2012-01-14 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate governance encompasses the free enterprise system, which is treated comprehensively in this book from a German perspective. This distinguishes the book from other books written in English in this subject area, not only because of the comprehensive way it covers German corporate law and corporate governance, but also because of the fact that it provides international and European perspectives on these important topics. This second edition is an extensively revised and updated version of the first edition, in particular with a view to the worldwide debt crisis. The authors provide readers with an overview of the unique features of German business and enterprise law and an in-depth analysis of the organs of governance of German public limited companies (general meeting, management board, supervisory board). In addition, approaches for reforms required at the international level are also suggested and discussed, including, among others, the unique interplay and dynamics of the German two-tier board model with the system of codetermination, referring to the arrangement of employees sitting on the supervisory boards of German public limited companies and private companies employing more than 500 employees; also covered are significant recent legal developments in Europe. The book highlights the core function of valuation and financial reporting at the international, European and German levels, with accounting as the documentary proof of good corporate governance. It also expands the scope of the first edition by a treatment of the German financial sector, global corporate finance and governance, and by including a new chapter on compliance of corporate governance laws, rules and standards in Germany. As far as comparative law is concerned, new developments in the area of corporate governance in the EU, the OECD Principles of Corporate Governance and corporate governance in the US, the UK and Australia are covered. The book is addressed to researchers, practitioners and basically anyone with an interest in the complex, but intriguing areas of corporate law and corporate governance.

Download or read book The German Corporate Governance Code written by Axel V. Werder and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The German Corporate Governance Code aims to enhance the transparency and the quality of corporate management in Germany. Strengthening the governance modalities depends on how the German companies comply with the provisions put forward in the code. In order to thoroughly assess the code's impact, the statement of code compliance, the compliance practice and its performance effects have to be distinguished. This arti-cle focuses on the statement of code compliance. Based on our analysis of disclosure consequences it seems reasonable to propose a tendency towards statements of full compliance in practice. Lower levels of compliance are only to be expected with respect to critical recommendations which demand quite specific governance arrangements that can be observed by outsiders and are contrary to the interests of the board members.

Download or read book The German Corporate Governance Code Structure Aims and an Assessment of Its Implementation in DAX MDAX Companies written by André Euschen and published by . This book was released on 2018-03-05 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2016 in the subject Business economics - Business Management, Corporate Governance, grade: 1,0, University Witten/Herdecke, language: English, abstract: In the early days, the academic research in the field of corporate governance (hereafter: CG) developed largely in silos, depending on the areas of interest of the respective researchers. Since the last decade however, researchers pay more attention to the formation of a holistic approach that focusses on the effectiveness and efficiency of CG as a whole. From a practitioner's view, CG methods are essential in order to improve sustainable economic growth, economic efficiency and the trust of national and international investors. Due to the takeover wave during the 1980s, the advancing deregulation and globalisation of the capital markets as well as the Asian financial crisis in the end of the 1990s, CG has gained a greater profile. This was reinforced by several corporate scandals in the U.S. (e.g. Enron) but also in Europe in the early 2000s. Because of this, voices for a higher necessity of responsible management and CG have arisen. For Germany in particular, the Holzmann scandal during the turn of the millennium compelled the German legislator to step up its monitoring on CG of listed companies. As a consequence, the German Corporate Governance Code was established by its eponymous government commission in 2002. The objective of the establishment was not only to strengthen the confidence in the German CG and corporate control system, but also to provide suggestions for a modernisation of the legislation with respect to the ongoing globalisation and internationalisation of the capital markets and the accompanying transformation of corporate and market structures. After building a theoretical background on the basics of CG, the paper focusses on the German Corporate Governance Code: First, its development history will be mentioned and a brief definition will be given, followed by its

Download or read book German Corporate Governance Code and Unaccepted Recommendations written by Ralf Bebenroth and published by . This book was released on 2005 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The German Corporate Governance Code Application of Standards by Corporate Management written by Jaby Felix Coronel and published by GRIN Verlag. This book was released on 2020-06-24 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic Paper from the year 2017 in the subject Business economics - Business Management, Corporate Governance, grade: 1,3, Munich Business School University of Applied Sciences, language: English, abstract: This Thesis examines the topic of the German Corporate Governance Code and its practical application of the Corporate Management body within DAX-listed companies. Taking as a basis a general understanding of the Code, its statutory provision and relevant content, it will be analyzed how Standards are applied by the corporate body and which recommendations are not being taken into account in practice. In order to provide a holistic evaluation, different literary material and scientific studies are being used to develop a picture of the fulfillment and to stress potentials of improvement. All aspects from the findings are being critically contrasted to characterize the actual situation in Germany. Moreover, it will be analyzed to what extend the different obligations of the Code are affecting the implementation. The German Corporate Governance Code may be generally used as a guideline document of the German General Commission to aim for good and sustainable governance within capital markets and to improve a company’s reputation towards shareholders. While various law legislations are underlying the Standards as well as mandatory obligations, the Code consists of different demands which also address potential commitments for German companies in the future. Some Standards exist on a voluntary basis and do not represent compulsive requirements. This Thesis will therefore assess and analyze the current application of Standards by a group’s Corporate Management. In regards to that, a comprehensive evaluation of implementation will be presented in this analysis.

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 German co determination and corporate governance written by Marc Oliver Cleiss and published by GRIN Verlag. This book was released on 2009-07-10 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2008 in the subject Law - Miscellaneous, grade: B+, The University of Hong Kong (Faculty of Law), course: Corporate Governance and Shareholder Remedies, language: English, abstract: In Germany, ‘co-determination’ has a long tradition. Beginning in the late 19th century, the German co-determination system has been developed over more than 100 years to become one of the most dominant co-determination systems in the world. Employees’ co-determination in Germany becomes visible in two different forms: employees’ participation in ‘works councils’ (‘Betriebsrat’) at establishment level (‘betriebliche Mitbestimmung’) and labour (employees and trade union representatives) participation in ‘supervisory boards’ on board level (‘Unternehmensmitbestimmung’). German corporate law distinguishes between the ‘management board’ (‘Vorstand/ Geschäftsführung‘) and the ‘supervisory board’ (‘Aufsichtsrat‘) (‘two-tier boards system’ as opposed to the Anglo-American ‘one-tier system’). Co-determination on board level refers to the representation of employees on the supervisory board. Depending on the industry, the corporation is operating in and the size of labour force, the supervisory board composes of one third (‘third part participation’) to half (‘parity participation’) of employees’ representatives. ‘Corporate governance’, the regulations for legal and actual distribution of management and supervision tasks between the supervisory board, the management board and the shareholders has lead in many countries to the development of codes since the 1990s. Germany also has drawn up a corporate governance code meanwhile – the ‘German Corporate Governance Code’. The code builds together with the ‘Stock Corporation Act’ and the different co-determination acts the legal framework for corporate governance principles in Germany. It aims to make Germany’s corporate governance rules transparent for both national and international investors, thus strengthening confidence in the management of German corporations. The code addresses with its ‘recommendation’ and ‘suggestions’ to all major criticisms from the international community against German corporate governance, for instance the inadequate focus on shareholder interests and the two-tier system of management board and supervisory board. In between time the ‘German Corporate Governance Code’ has achieved a high level of acceptance; in particular in the DAX companies, who set the trend in corporate governance in Germany.

Download or read book The German Corporate Governance Code written by Kristina Katharina Beisel and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The German Corporate Governance Code written by Jüergen Schneider and published by . This book was released on 2003 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The German Corporate Governance Code written by Axel V. Werder and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a survey of all companies listed at the Frankfurt Stock Exchange, this paper analyzes the extent of compliance with the German Corporate Governance Code. The investigation includes the recommendations as well as the suggestions of the Code. Overall, findings indicate a high level of Code conformity. Furthermore, the Code continues to contribute to changes of the governance modalities of German firms. Nonetheless, Code standards remain which gain comparably less acceptance. We identify those norms which are still rejected by the majority of the surveyed corporations and discuss why these compliance rates are currently low and whether they can be expected to increase in the future.

Download or read book Essays on Family Firm Behavior and Compliance with the German Corporate Governance Code written by Christian Kohl and published by . This book was released on 2014 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The German Model of Corporate Governance written by Peter Nunnenkamp and published by . This book was released on 1995 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Influence of Institutional Investors on Corporate Management and Corporate Governance in Germany written by Sebastian Sturm and published by GRIN Verlag. This book was released on 2009-04-14 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diploma Thesis from the year 2008 in the subject Business economics - Law, grade: 1,3, Technical University of Chemnitz, language: English, abstract: Corporate management and corporate governance are becoming more and more crucial in today’s successful economies. With the increasing relevance of capital markets this subject comes more into the focus of the public. Particularly, the fast growing importance of institutional investors is a key factor which helps to explain the changing attitude of managers towards shareholders and corporate governance. In conjunction with the German capital market, a wide variety of mismanagement in German public limited companies has revealed shortfalls of German top-management and corporate control in the last decade. This development was of fundamental importance for the development of the German Corporate Governance Code. Hence, the basic underlying of corporate governance can be attributed to a conflict between the management of a listed corporation and its owners. More precisely, this conflict arises because the management does not adequately comprise the interests of shareholders. In Germany, assets under management of professional investors have increased at 92 percent from 1990 to 2001.1 In addition, a growing administration of private savings by professional fund managers as well as the intensified exercise of influence by institutional investors on corporate governance and corporate management respectively corporate strategy is observable. Similarly, a growing importance of institutional investors could be observed in the United Kingdom as well as in the United States. Within academic literature, the issue of activism by institutional investors in Germany is analyzed little, so far. Furthermore, there are only a few surveys on the outcome of the influence by institutional investors on corporate management. Therefore, this thesis aims to answer the following questions: 1. How was the development of shareholder activism in Germany and how can it be characterized and explained? 2. Is shareholder activism a superior tool in relation to the market of corporate control to solve the principal-agent problem? 3. What do institutional investors demand from German corporations and in particular from corporate management? 4. Which options do institutional investors have to influence corporate management? 5. How are these options for activism covered by the German Corporate Governance Code and the German legal framework? 6. What is the optimum corporate governance from an institutional investor’s angle? 7. What is the empirical outcome?

Download or read book Implementation of the Recommendations and Suggestions of the German Corporate Governance Code written by Axel V. Werder and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Berlin Center of Corporate Governance surveyed all companies listed on the Frankfurt Stock Exchange to systematically record the acceptance of the German Corporate Governance Code. Based on the current version of the Code, a questionnaire was developed in which companies were asked to indicate for each individual recommendation and suggestion whether they already comply with the relevant rule, intend to do so this year or do not apply the rule. The Code as amended on June 2, 2005 contains 82 recommendations and 19 suggestions. In total, 200 useable questionnaires were returned. The present article focuses on the DAX, MDAX and SDAX indices and is based on the answers of 84 companies (28 DAX, 36 MDAX and 20 SDAX companies).The study shows that the German Corporate Governance Code as a whole continues to enjoy high acceptance. As expected, acceptance varies between recommendations and suggestions. As in previous years, it is also clear that acceptance tends to increase with the size of the company. Thus the comparatively small number of recommendations identified by the survey which will not be followed by the majority of companies now or in the future related to the SDAX segment only.Before the end of the year a relatively pronounced increase is expected in the implementation of the Code's new recommendations concerning elections to the supervisory board. While at the time of the survey the majority of these new recommendations were classed as critical in all the indices surveyed, by the end of the year no more than two of these recommendations will be implemented by fewer than 90% of companies. Worthy of particular mention in this context is the finding that only in the DAX do around a quarter of companies not intend, now or in the future, to accept the recommendation that it should not be the rule for the former management board chairman or a management board member to become supervisory board chairman or the chairman of a supervisory board committee. In the MDAX and SDAX, on the other hand, over 90% of the companies will meet this recommendation.

Download or read book Recent Developments in German Corporate Governance written by Marc Goergen and published by . This book was released on 2007 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper provides an overview of the German corporate governance system. We review the governance role of large shareholders, creditors, the product market and the supervisory board. We also discuss the importance of mergers and acquisitions, the market in block trades, and the lack of a hostile takeover market. Given that Germany is often referred to as a bank-based economy, we pay particular attention to the role of the universal banks (Hausbanken). We show that the German system is characterised by a market for partial corporate control, large shareholders and bank/creditor monitoring, a two-tier (management and supervisory) board with co-determination between shareholders and employees on the supervisory board, a disciplinary product-market, and corporate governance regulation largely based on EU directives but with deep roots in the German codes and legal doctrine. Another important feature of the German system is its corporate governance efficiency criterion which is focused on the maximisation of stakeholder value rather than shareholder value. However, the German corporate governance system has experienced many important changes over the last decade. First, the relationship between ownership or control concentration and profitability has changed over time. Second, the pay-for-performance relation is influenced by large shareholder control: in firms with controlling blockholders and when a universal bank is simultaneously an equity- and debtholder, the pay-for-performance relation is lower than in widely-held firms or blockholder-controlled firms. Third, since 1995 several major regulatory initiatives (including voluntary codes) have increased transparency and accountability.

Download or read book Code Report 2007 written by Axel V. Werder and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Berlin Center of Corporate Governance (BCCG) surveyed all companies listed on the Frankfurt Stock Exchange to systematically record the acceptance of the recommendations and suggestions of the German Corporate Governance Code. The present article also shows the acceptance of the new Code rules which were established in June 2006.