Diversity of Shareholder Stewardship in Asia

Diversity of Shareholder Stewardship in Asia PDF Author: Gen Goto
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
Since the UK adopted the world's first stewardship code in 2010, stewardship codes have proliferated across Asia. Given the UK Code's prominence, it is tempting to assume that every other stewardship code preforms the same function as the UK Code. This assumption belies the truth: all these codes - regardless of whether they have in fact drawn inspiration from the UK Code - have taken different trajectories due to each adopting jurisdiction's distinctive institutional and legal context. Using empirical evidence and in-depth case studies of stewardship in Japan and Singapore, this article reveals how any reception of UK-style stewardship concepts is only skin-deep. Even where the text of stewardship codes in Asia resemble the UK Code in form, their functional impact on corporate governance significantly depart from, or even run counter to, the intended functions of the UK Code. The article illustrates how stewardship codes in Asia have been used as a convenient vehicle for local governments and/or market players to achieve their own particular interests through an inexpensive, non-binding, and malleable vehicle, the formal adoption of which sends a signal of “good corporate governance” to the rest of the world. While such practices explain and contextualize the widespread adoption of stewardship codes in Asia, they also compound the challenge of drawing positive or normative conclusions from this development. The observation advanced in this article is important as leading corporate governance scholars, prominent international organizations, and market participants, have appeared content to draw such conclusions unaware that stewardship codes generally do not fulfill a similar function to the UK Code in Asia. The article concludes by explaining how adopting globally recognized mechanisms of “good corporate governance” at a superficial formal level, and then altering their function to serve local purposes, appears to be a rising trend in corporate governance in Asia (and elsewhere). This phenomenon, which we coin “faux convergence”, calls for the re-examination of important and impactful theories about corporate governance convergence. As an initial foray, this article develops an expanded taxonomy of corporate governance convergence and lays the foundation for future research on “faux convergence”

Diversity of Shareholder Stewardship in Asia

Diversity of Shareholder Stewardship in Asia PDF Author: Gen Goto
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

Get Book Here

Book Description
Since the UK adopted the world's first stewardship code in 2010, stewardship codes have proliferated across Asia. Given the UK Code's prominence, it is tempting to assume that every other stewardship code preforms the same function as the UK Code. This assumption belies the truth: all these codes - regardless of whether they have in fact drawn inspiration from the UK Code - have taken different trajectories due to each adopting jurisdiction's distinctive institutional and legal context. Using empirical evidence and in-depth case studies of stewardship in Japan and Singapore, this article reveals how any reception of UK-style stewardship concepts is only skin-deep. Even where the text of stewardship codes in Asia resemble the UK Code in form, their functional impact on corporate governance significantly depart from, or even run counter to, the intended functions of the UK Code. The article illustrates how stewardship codes in Asia have been used as a convenient vehicle for local governments and/or market players to achieve their own particular interests through an inexpensive, non-binding, and malleable vehicle, the formal adoption of which sends a signal of “good corporate governance” to the rest of the world. While such practices explain and contextualize the widespread adoption of stewardship codes in Asia, they also compound the challenge of drawing positive or normative conclusions from this development. The observation advanced in this article is important as leading corporate governance scholars, prominent international organizations, and market participants, have appeared content to draw such conclusions unaware that stewardship codes generally do not fulfill a similar function to the UK Code in Asia. The article concludes by explaining how adopting globally recognized mechanisms of “good corporate governance” at a superficial formal level, and then altering their function to serve local purposes, appears to be a rising trend in corporate governance in Asia (and elsewhere). This phenomenon, which we coin “faux convergence”, calls for the re-examination of important and impactful theories about corporate governance convergence. As an initial foray, this article develops an expanded taxonomy of corporate governance convergence and lays the foundation for future research on “faux convergence”

Global Shareholder Stewardship

Global Shareholder Stewardship PDF Author: Dionysia Katelouzou
Publisher: Cambridge University Press
ISBN: 1108906893
Category : Law
Languages : en
Pages : 723

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Book Description
This is the first in-depth comparative and empirical analysis of shareholder stewardship, revealing the previously unknown complexities of this global movement. It highlights the role of institutional investors and other shareholders, examining how they use their formal and informal power to influence companies. The book includes an in-depth chapter on every jurisdiction which has adopted a stewardship code and an analysis of stewardship in the world's two largest economies which have yet to adopt a code. Several comparative chapters draw on the rich body of jurisdiction-specific analyses, to analyze stewardship comparatively from multiple interdisciplinary perspectives. Ultimately, this book provides a cutting-edge and comprehensive understanding of shareholder stewardship which challenges existing theories and informs many of the most important debates in comparative corporate law and governance.

Sustainability and Corporate Mechanisms in Asia

Sustainability and Corporate Mechanisms in Asia PDF Author: Ernest Lim
Publisher:
ISBN: 9781108658508
Category : Corporate governance
Languages : en
Pages :

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Book Description
"This is the first book to provide a comparative and critical analysis of why and how corporate governance and corporate law have been or can be used to promote and protect sustainability in the four common law jurisdictions in Asia, i.e. Singapore, Hong Kong, India and Malaysia. Based on theoretical, doctrinal and empirical research, I critically evaluate the rationales for, and effectiveness of, six corporate mechanisms, namely (1) sustainability reporting; (2) gender diversity on board of directors; (3) constituency directors; (4) stewardship codes; (5) directors' duty to act in the best interests of the company; and (6) liability on companies, shareholders and directors. These six corporate mechanisms provide an analytic framework for understanding the role of corporate governance and corporate law in advancing (or thwarting) sustainability in jurisdictions other than those discussed in this book. 21 These six mechanisms will be evaluated in light of the distinctive contexts in the four common law Asian jurisdictions, specifically their ownership structures and institutional environment. This is because the majority of the listed companies there are dominated by controlling shareholders, particularly the government1 in state-owned enterprises (SOEs), which wield significant and substantial power.2 The pursuit of socioeconomic agendas and social objectives by the government through SOEs has facilitated sustainability, and the government plays an important role in advancing this goal. However, the government as the controlling shareholder of the SOEs poses two key problems, namely, conflicts of interest between the government as the controlling shareholder and as the corporate regulator, as well as political interference and extractions of benefits of control by the government. These problems may affect the corporate mechanisms for promoting sustainability. In short, a central challenge is whether and if so how the corporate mechanisms should be reconceptualised to promote sustainability in an environment that is characterised by controlling shareholders, governmental interference or state ownership of companies"--

Corporate Governance in Asia

Corporate Governance in Asia PDF Author: Sang-Woo Nam
Publisher:
ISBN:
Category : Corporate governance
Languages : en
Pages : 220

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Book Description


Research Handbook on Shareholder Inspection Rights

Research Handbook on Shareholder Inspection Rights PDF Author: Randall S. Thomas
Publisher: Edward Elgar Publishing
ISBN: 1800377746
Category : Law
Languages : en
Pages : 473

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Book Description
Shareholder inspection rights form an important tool for shareholder protection. They offer shareholders seeking information private access to specific books and records of the company that are otherwise not publicly available. While there has been a discourse on the topic in some jurisdictions such as Delaware (USA), it has not received scholarly treatment at an international level. This Research Handbook seeks to alter that, and signifies the first endeavor to engage in a comprehensive and comparative analysis of shareholder inspection.

Hedge Fund Activism

Hedge Fund Activism PDF Author: Alon Brav
Publisher: Now Publishers Inc
ISBN: 1601983387
Category : Business & Economics
Languages : en
Pages : 76

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Book Description
Hedge Fund Activism begins with a brief outline of the research literature and describes datasets on hedge fund activism.

Good Governance and Modern International Financial Institutions

Good Governance and Modern International Financial Institutions PDF Author:
Publisher: BRILL
ISBN: 9004408320
Category : Law
Languages : en
Pages : 278

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Book Description
This first volume of the AIIB Yearbook of International Law (AYIL), edited by Peter Quayle and Xuan Gao, is based upon the inaugural 2017 AIIB Legal Conference, both titled, Good Governance and Modern International Financial Institutions (IFIs). Following a Preface by the General Counsel of the AIIB and General Editor of AYIL, Gerard Sanders, and an Introduction by the Editors, this volume of AYIL draws upon expertise from other IFIs, international law and governance practitioners, and eminent academics. It is divided into three parts to reflect a series of dimensions to the good governance of IFIs. Firstly, the role of the membership of IFIs as expressed through their executive governance organs. Second, the legal basis of governance of IFIs. And third, the interaction around governance between IFIs and external stakeholders. This volume concludes with the text of the 2017 AIIB Law Lecture, delivered by the United Nations Under-Secretary-General for Legal Affairs and Legal Counsel, Miguel de Serpa Soares on the subject of ‘The Necessity of Cooperation between International Organizations’ and a summary report on the proceedings of the 2017 AIIB Legal Conference. The first volume of AYIL was launched at the Annual Meeting of the Board of Governors of the AIIB in Mumbai, India, June 2018.

Research Handbook on Global Capital Markets Law

Research Handbook on Global Capital Markets Law PDF Author: Iris H.-Y. Chiu
Publisher: Edward Elgar Publishing
ISBN: 1800379307
Category : Law
Languages : en
Pages : 449

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Book Description
This Research Handbook is a one-stop resource on global capital markets and the laws that regulate them. Featuring contributions from leading global experts, the Research Handbook delves into a range of issues including investment products such as equity finance; sustainable finance; fintech; impact investing; and private equity. It also provides analysis on institutional and procedural issues such as large and small companies' capital formation, the roles of institutional shareholders and information providers, and the practices and regulation of financial trading markets.

Shareholder Protection in Close Corporations

Shareholder Protection in Close Corporations PDF Author: Alan K Koh
Publisher: Cambridge University Press
ISBN: 1108496660
Category : Business & Economics
Languages : en
Pages : 427

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Book Description
Comparative study of withdrawal remedies in four jurisdictions to offer solutions to shareholder conflicts in small and medium enterprises.

Corporate Governance Sustainability Policies and Practices for Corporate Governance in Asia

Corporate Governance Sustainability Policies and Practices for Corporate Governance in Asia PDF Author: OECD
Publisher: OECD Publishing
ISBN: 9264436707
Category :
Languages : en
Pages : 95

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Book Description
This report provides an overview of the current sustainability disclosure policies and practices, the responsibilities of company boards and shareholder rights in Asia. The report also presents current trends in corporate sustainability globally and in Asia based on the OECD Corporate Sustainability dataset.