Democratizing Pension Funds

Democratizing Pension Funds
Author: Ronald B. Davis
Publisher: UBC Press
Total Pages: 254
Release: 2009-01-01
Genre: Law
ISBN: 0774858311

This book will spark a debate concerning the need for democracy and accountability in the governance of trillions of dollars of plan members' pension plan assets and the legitimacy of the present, mostly unaccountable, corporate governance decisions made by these plans. The author analyzes the reasons for this passivity, pointing to conflicts of interest with respect to corporate governance activity in pension plans and also to limitations in corporate, securities, and pension law. He argues that plan members should be given a voice in pension plan governance and the plans made accountable, and he outlines the legal reforms necessary.

Corporate Whistleblowing Regulation

Corporate Whistleblowing Regulation
Author: Sulette Lombard
Publisher: Springer Nature
Total Pages: 227
Release: 2020-01-09
Genre: Law
ISBN: 9811502595

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.

Title and Title Conflicts in respect of Intermediated Securities under English Law

Title and Title Conflicts in respect of Intermediated Securities under English Law
Author: Wenwen Liang
Publisher: Cambridge Scholars Publishing
Total Pages: 220
Release: 2013-08-19
Genre: Law
ISBN: 1443852090

This book examines property issues in respect of intermediated securities under English law, namely title and title conflicts between a true owner and a purchaser. Intangible book entry securities held with an intermediary, often commingled with the holdings of other clients of the intermediary, often give rise to uncertainty in property rights in the securities of an investor under most legal systems, for example, whether property rights can be established and how title conflicts are dealt with. This book identifies the flexible framework of English property law for establishing property rights over commingled intangibles, in particular through trusts; establishes the policy of priority rules as of comparing the merits of rights and preferring a vested right of a true owner over a subsequent purchaser, particularly a vested right under fiduciary relations. The book works towards the conclusion that, given the general principle of English property law for vested rights, title conflicts may be tilted towards purchasers in a mild rather than a radical way, by introducing a good faith purchaser rule to intermediated securities or leaving it to judicial discretion where an estoppel might work in favour of a purchaser. This book is suitable for lawyers, officials and academics in the field of intermediated securities, as well as trust, property and financial regulation.

Canada: The State of the Federation, 2011

Canada: The State of the Federation, 2011
Author: Nadia Verrelli
Publisher: McGill-Queen's Press - MQUP
Total Pages: 255
Release: 2015-01-01
Genre: Political Science
ISBN: 1553392086

In this edition of Canada: State of the Federation, contributors consider whether and to what degree the relationship between the central government and the provincial and territorial governments has changed in the past decade. The authors address three overarching questions. First, is the power base changing in Canada? If so, how are governments responding? Second, what are the implications of the changing environment for the relationships between governments? And third, are there underlying forces – such as economic or technological change, or demands for citizen engagement – that are pushing some provinces and regions to become more assertive in the global environment? The papers are organized into four categories: those that identify and analyze the changing federal environment; those concerned with the implications of the 2011 federal election; those that deal with health policy and economic federalism; and those that explore the growing importance of the North and the changing dynamics among the provinces and the federal government. Among the topics discussed are the impact of a majority government based on a West-Ontario coalition, with Quebec represented primarily by the Opposition, the implications of the trade-off between health care spending and the public financing of other essential public goods, and second-generation trade agreements, such as the Canada-European Union Comprehensive Trade Agreement.