The U.S. Sarbanes Oxley Act 2002. "Big Brother is watching you" or adequate measures of Corporate Governance regulation?

The U.S. Sarbanes Oxley Act 2002.
Author: Bernhard Kuschnik
Publisher: GRIN Verlag
Total Pages: 27
Release: 2012-07-26
Genre: Business & Economics
ISBN: 3656999325

Research Paper (undergraduate) from the year 2005 in the subject Business economics - Business Management, Corporate Governance, grade: 1.1, University of Aberdeen, language: English, abstract: Corporate Governance has become one of the hottest fields of international company law and economics. Whereas many European countries have chosen self regulatory market based approaches or favour comply or explain provisions, the U.S. government decided to take mandatory legislative actions in the aftermath of various accounting and corporate governance scandals, headed up by Enron and WorldCom. This article explains why most, if not all of the relevant provisions regarding corporate governance, are ill conceived and thus should be withdrawn the sooner the better to prevent future economic harm. The author concludes with an evaluation and an outlook for alternatives. Abschlussarbeit im Kurs Corporate Governance im Rahmen des LL.M. Studienganges Internationales Wirtschaftsrecht an der Universität Aberdeen, Schottland

The U.S. Sarbanes Oxley Act 2002 and Corporate Governance. Big Brother is watching you?

The U.S. Sarbanes Oxley Act 2002 and Corporate Governance. Big Brother is watching you?
Author: Bernhard Kuschnik
Publisher: GRIN Verlag
Total Pages: 32
Release: 2006-03-27
Genre: Law
ISBN: 363848338X

Essay from the year 2005 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 19 (von 20), University of Aberdeen, course: LL.M. Internationales Wirtschaftsrecht, language: English, abstract: Corporate Governance has become one of the hottest fields of international company law and economics. Whereas many European countries have chosen self – regulatory market based approaches or favour “comply or explain” provisions, the U.S. government decided to take mandatory legislative actions in the aftermath of various accounting and corporate governance scandals, headed up by Enron and WorldCom. This article explains why most, if not all of the relevant provisions regarding corporate governance, are ill conceived and thus should be withdrawn the sooner the better to prevent future economic harm. The author concludes with an evaluation and an outlook for alternatives.

International Law in Financial Regulation and Monetary Affairs

International Law in Financial Regulation and Monetary Affairs
Author: Thomas Cottier
Publisher: Oxford University Press
Total Pages: 470
Release: 2012-10-04
Genre: Business & Economics
ISBN: 0199668191

Analysing the emerging international legal framework governing financial institutions and markets, including monetary policies and monetary regulation, this book addresses the cross border issues that arise within this area. It highlights the lack of formal international law present, and shows how this contributed to the global financial crisis.

The Encyclopedia of the Industrial Revolution in World History

The Encyclopedia of the Industrial Revolution in World History
Author: Kenneth E. Hendrickson
Publisher: Rowman & Littlefield
Total Pages: 1145
Release: 2014-11-25
Genre: History
ISBN: 0810888882

As editor Kenneth E. Hendrickson, III, notes in his introduction: “Since the end of the nineteenth-century, industrialization has become a global phenomenon. After the relative completion of the advanced industrial economies of the West after 1945, patterns of rapid economic change invaded societies beyond western Europe, North America, the Commonwealth, and Japan.” In The Encyclopedia of the Industrial Revolution in World History contributors survey the Industrial Revolution as a world historical phenomenon rather than through the traditional lens of a development largely restricted to Western society. The Encyclopedia of the Industrial Revolution in World History is a three-volume work of over 1,000 entries on the rise and spread of the Industrial Revolution across the world. Entries comprise accessible but scholarly explorations of topics from the “aerospace industry” to “zaibatsu.” Contributor articles not only address topics of technology and technical innovation but emphasize the individual human and social experience of industrialization. Entries include generous selections of biographical figures and human communities, with articles on entrepreneurs, working men and women, families, and organizations. They also cover legal developments, disasters, and the environmental impact of the Industrial Revolution. Each entry also includes cross-references and a brief list of suggested readings to alert readers to more detailed information. The Encyclopedia of the Industrial Revolution in World History includes over 300 illustrations, as well as artfully selected, extended quotations from key primary sources, from Thomas Malthus’ “Essay on the Principal of Population” to Arthur Young’s look at Birmingham, England in 1791. This work is the perfect reference work for anyone conducting research in the areas of technology, business, economics, and history on a world historical scale.

The Theory of Corporate Finance

The Theory of Corporate Finance
Author: Jean Tirole
Publisher: Princeton University Press
Total Pages: 657
Release: 2010-08-26
Genre: Business & Economics
ISBN: 1400830222

"Magnificent."—The Economist From the Nobel Prize–winning economist, a groundbreaking and comprehensive account of corporate finance Recent decades have seen great theoretical and empirical advances in the field of corporate finance. Whereas once the subject addressed mainly the financing of corporations—equity, debt, and valuation—today it also embraces crucial issues of governance, liquidity, risk management, relationships between banks and corporations, and the macroeconomic impact of corporations. However, this progress has left in its wake a jumbled array of concepts and models that students are often hard put to make sense of. Here, one of the world's leading economists offers a lucid, unified, and comprehensive introduction to modern corporate finance theory. Jean Tirole builds his landmark book around a single model, using an incentive or contract theory approach. Filling a major gap in the field, The Theory of Corporate Finance is an indispensable resource for graduate and advanced undergraduate students as well as researchers of corporate finance, industrial organization, political economy, development, and macroeconomics. Tirole conveys the organizing principles that structure the analysis of today's key management and public policy issues, such as the reform of corporate governance and auditing; the role of private equity, financial markets, and takeovers; the efficient determination of leverage, dividends, liquidity, and risk management; and the design of managerial incentive packages. He weaves empirical studies into the book's theoretical analysis. And he places the corporation in its broader environment, both microeconomic and macroeconomic, and examines the two-way interaction between the corporate environment and institutions. Setting a new milestone in the field, The Theory of Corporate Finance will be the authoritative text for years to come.

Corporate Governance

Corporate Governance
Author: Robert A. G. Monks
Publisher: Wiley-Blackwell
Total Pages: 584
Release: 2003-12-19
Genre: Business & Economics
ISBN: 9781405116985

In the wake of the dramatic series of corporate meltdowns: Enron; Tyco; Adelphia; WorldCom; the timely new edition of this successful text provides students and business professionals with a welcome update of the key issues facing managers, boards of directors, investors, and shareholders. In addition to its authoritative overview of the history, the myth and the reality of corporate governance, this new edition has been updated to include: analysis of the latest cases of corporate disaster; An overview of corporate governance guidelines and codes of practice in developing and emerging markets new cases: Adelphia; Arthur Andersen; Tyco Laboratories; Worldcom; Gerstner's pay packet at IBM Once again in the new edition of their textbook, Robert A. G. Monks and Nell Minow show clearly the role of corporate governance in making sure the right questions are asked and the necessary checks and balances in place to protect the long-term, sustainable value of the enterprise. A CD-ROM containing a comprehensive case study of the Enron collapse, complete with senate hearings and video footage, accompanies the text. Further lecturer resources and links are available at www.blackwellpublishing.com/monks

The Financial Crisis Inquiry Report

The Financial Crisis Inquiry Report
Author: Financial Crisis Inquiry Commission
Publisher: Cosimo, Inc.
Total Pages: 692
Release: 2011-05-01
Genre: Political Science
ISBN: 1616405414

The Financial Crisis Inquiry Report, published by the U.S. Government and the Financial Crisis Inquiry Commission in early 2011, is the official government report on the United States financial collapse and the review of major financial institutions that bankrupted and failed, or would have without help from the government. The commission and the report were implemented after Congress passed an act in 2009 to review and prevent fraudulent activity. The report details, among other things, the periods before, during, and after the crisis, what led up to it, and analyses of subprime mortgage lending, credit expansion and banking policies, the collapse of companies like Fannie Mae and Freddie Mac, and the federal bailouts of Lehman and AIG. It also discusses the aftermath of the fallout and our current state. This report should be of interest to anyone concerned about the financial situation in the U.S. and around the world.THE FINANCIAL CRISIS INQUIRY COMMISSION is an independent, bi-partisan, government-appointed panel of 10 people that was created to "examine the causes, domestic and global, of the current financial and economic crisis in the United States." It was established as part of the Fraud Enforcement and Recovery Act of 2009. The commission consisted of private citizens with expertise in economics and finance, banking, housing, market regulation, and consumer protection. They examined and reported on "the collapse of major financial institutions that failed or would have failed if not for exceptional assistance from the government."News Dissector DANNY SCHECHTER is a journalist, blogger and filmmaker. He has been reporting on economic crises since the 1980's when he was with ABC News. His film In Debt We Trust warned of the economic meltdown in 2006. He has since written three books on the subject including Plunder: Investigating Our Economic Calamity (Cosimo Books, 2008), and The Crime Of Our Time: Why Wall Street Is Not Too Big to Jail (Disinfo Books, 2011), a companion to his latest film Plunder The Crime Of Our Time. He can be reached online at www.newsdissector.com.

The Death of Corporate Reputation

The Death of Corporate Reputation
Author: Jonathan Macey
Publisher: FT Press
Total Pages: 283
Release: 2013-03-20
Genre: Business & Economics
ISBN: 0133039714

Why did the financial scandals really happen? Why are they continuing to happen? In The Death of Corporate Reputation, Yale's Jonathan Macey reveals the real, non-intuitive reason, and offers a new path forward. For over a century law firms, investment banks, accounting firms, credit rating agencies and companies seeking regular access to U.S. capital markets made large investments in their reputations. They treated customers well and sometimes endured losses in transactions or business deals in order to sustain and nurture their reputations as faithful brokers and “gate-keepers.” This has changed completely . The existing business model among leading participants in today’s capital markets no longer treats customers as valued clients whose trust must be earned and nurtured, but as one-off “counter-parties” to whom no duties are owed and no loyalty is required . The rough and tumble norms of the market-place have replaced the long-standing reputational model in U.S. finance. This book describes the transformation in American finance from the old reputational model to the existing laissez faire model and argues that the change came as a result of three factors: (1) the growth of reliance on regulation rather than reputation as the primary mechanism for protecting customers and (2) the increasing complexity of regulation, which made technical expertise rather than reputation the primary criterion on which customers choose who to do business with in today’s markets; and (3) the rise of the “cult of personality” on Wall Street, which has led to a secular demise in the relevance of companies’ reputations and the concomitant rise of individual “rain-makers” reputation as the basis for premium pricing of financial services. This compelling book will drive the debate about the financial crisis and financial regulation for years to come -- both inside and outside the industry.

Regulatory Cycles: Revisiting the Political Economy of Financial Crises

Regulatory Cycles: Revisiting the Political Economy of Financial Crises
Author: Jihad Dagher
Publisher: International Monetary Fund
Total Pages: 89
Release: 2018-01-15
Genre: Business & Economics
ISBN: 1484337743

Financial crises are traditionally analyzed as purely economic phenomena. The political economy of financial booms and busts remains both under-emphasized and limited to isolated episodes. This paper examines the political economy of financial policy during ten of the most infamous financial booms and busts since the 18th century, and presents consistent evidence of pro-cyclical regulatory policies by governments. Financial booms, and risk-taking during these episodes, were often amplified by political regulatory stimuli, credit subsidies, and an increasing light-touch approach to financial supervision. The regulatory backlash that ensues from financial crises can only be understood in the context of the deep political ramifications of these crises. Post-crisis regulations do not always survive the following boom. The interplay between politics and financial policy over these cycles deserves further attention. History suggests that politics can be the undoing of macro-prudential regulations.