Independent Directors in Asia

Independent Directors in Asia
Author: Dan W. Puchniak
Publisher: Cambridge University Press
Total Pages: 637
Release: 2017-11-02
Genre: Law
ISBN: 1316843858

The rise of the independent director in Asia is an issue of global consequence that has been largely overlooked until recently. Less than two decades ago, independent directors were oddities in Asia's boardrooms. Today, they are ubiquitous. Independent Directors in Asia undertakes the first detailed analysis of this phenomenon. It provides in-depth historical, contextual and comparative perspectives on the law and practice of independent directors in seven core Asian jurisdictions (China, Hong Kong, India, Japan, Singapore, South Korea, Taiwan) and Australia. These case studies reveal the varieties of independent directors in Asia, none of which conform to its original American concept. The authors develop a taxonomy of these varieties, which provides a powerful analytical tool for more accurately understanding and effectively researching independent directors in Asia. This new approach challenges foundational aspects of comparative corporate governance practice and suggests a new path for comparative corporate governance scholarship and reform.

Corporate Governance

Corporate Governance
Author:
Publisher:
Total Pages: 664
Release: 2002
Genre: Asia
ISBN:

Critically addresses the issues and controversies surrounding the practice of corporate governance in the Asia-Pacific region. Includes country-specific studies from Australia, China, Hong Kong, Malaysia, New Zealand, Singapore, the UK and the USA.

Independent Directors in Asia

Independent Directors in Asia
Author: Souichirou Kozuka
Publisher:
Total Pages: 19
Release: 2018
Genre:
ISBN:

Independent director requirements have spread throughout Asia, generating diverse definitions, enforcement patterns and cadres of directors (Part I). Yet the proliferation itself, and some of its features, provide some support for convergence in corporate governance, especially in function rather than form. In particular, seemingly influenced by proposals from Australian reformers in the early 1990s, the definition of independence has departed from US and early UK roots by excluding (variously defined) substantial shareholders, except until recently Singapore. This fits with the historical reality of “blockholders” in Austral-Asian corporate governance, making a key corporate governance concern the tension between large and minority shareholders, rather than the traditional Anglo-American tension between dispersed shareholders and professional managers. Given the looser definition in Singapore, the function of independent directors there has extended to mediating disputes among family blockholders. This may also be found in India, for example, where enforcement has been problematic until recently (Part II). The comparative analysis further suggests that significant “legal transplants” are occurring, but with complex features and motivations (Part III). We find elements of Miller's cost-saving transplants (as perhaps in Hong Kong), entrepreneurial transplants (recently in Japan), legitimacy-enhancing transplants (Singapore) or even sometimes externally-dictated transplants (Korea, after the Asian Financial Crisis). We also see elements of Frankenberg's “IKEA” theory of legal transplants, whereby concepts are de-contextualised and stored in a global intellectual reservoir, and then taken out and reassembled - for better or worse - by the importing jurisdiction (Part III). Given these patterns, independent directors will probably continue to be the norm in Asian countries, notwithstanding growing academic critiques. It is also likely that the varieties of independent directors found among jurisdictions will not diminish significantly (Part IV).

A Legal Guide to Doing Business in the Asia-Pacific

A Legal Guide to Doing Business in the Asia-Pacific
Author: Albert Vincent Y. Yu Chang
Publisher: American Bar Association
Total Pages: 552
Release: 2010
Genre: Business enterprises
ISBN: 9781604428438

This book provides domestic law expertise, on-the-ground experience, and a global perspective of 14 countries and jurisdictions (Australia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Pakistan, Philippines, Singapore, South Korea, Taiwan, Thailand, and Vietnam) and addresses topics such as: establishing a business presence; foreign investments; operational issues; litigation and dispute resolution; and developing an exit strategy.

Research Handbook on Boards of Directors

Research Handbook on Boards of Directors
Author: Jonas Gabrielsson
Publisher: Edward Elgar Publishing
Total Pages: 489
Release: 2019
Genre: Business & Economics
ISBN: 1786439751

Boards of directors are complex systems, and it is imperative to understand what the contextual forces are that shape the direction and make-up of boards. This Research Handbook provides inspiration for researchers and practitioners interested in the manifold dimensions and facets of context surrounding boards of directors.

Asia-Pacific Trusts Law, Volume 1

Asia-Pacific Trusts Law, Volume 1
Author: Ying Khai Liew
Publisher: Bloomsbury Publishing
Total Pages: 424
Release: 2021-08-26
Genre: Law
ISBN: 1509934812

At a time when Asia represents the fastest growing economic region, there is no better moment to consider what trusts law can contribute to societal stability and economic prosperity. This book does this by offering the first work that systematically explores trusts law across the region. Many Asian-Pacific jurisdictions have integrated and developed trusts law in their legal systems; either through colonial heritage or statutory activism. But the diversity of legal traditions and local contexts has resulted in trusts laws having a significantly varied impact across the region. In the modern globalised world there is growing need to adopt an outward looking approach in dealing with matters of common interest. This book answers this need by bringing together leading legal scholars and practitioners in the region to explore the theory and practice of trusts law, contextualised to specific jurisdictions in the Asia-Pacific. Exploring 17 jurisdictions in Asia, it bring both an academic and practitioner perspective to trusts law in the region.