The party-state monitoring of the state-owned enterprise in China remains a puzzle to most of the observers as the party state aims at creating the actual market economy. The neo-liberal privatization of the SOEs should run by entirely independent legal individuals with some anonymity to operate on the commercial basis. However, various factors influence the corporate governance in China with the critical pillars including respect for the stakeholders in the enterprise and legal protection of disclosure and transparency. Irrespective of the essence of corporate government transparency, the irony remains that the government is operated without anyone checking what is being done. The importance of the business-government in China has become a heated topic of discussion in the policy, academic and business decision makers throughout the country. The corporate governance is closely linked to the ongoing economic reforms in most of the state-owned enterprises, as well as the development of financial and security markets (Leng, 2009). The country has experienced new revisions regarding safety and company laws that focus more on government including the shareholder 's fiduciary duties and voting rights. The above rules significantly determine the roles that the corporate directors and the board play to ensure a balance of responsibilities between the directors and officers. Although the sharing of responsibilities was not the key goal towards the revision, the reform promised to
Corporate governance in itself has no single definition but common principles which it should follow. For example in 1994 the most agreed term for corporate governance was “the process of supervision and control intended to ensure that the company’s management acts in accordance with the interest of shareholders” (Parkinson, 1994)1. Corporate governance code is not a direct set of rules but a self-regulated framework which businesses choose to follow. This code has continued to change in the past 20 years in accordance with what is happening in the business world. For example the Enron scandal caused reform in corporate governance with the Higgs Report which corrected the issues which were necessary. Although it does not quickly fix problems, it gives a better framework to
The purpose of this paper is to discuss the SEC’s influence on auditing a private company and the essential activities involved in the initial planning of an audit. Next the discussion will delve into four stages of the audit and tasks performed by the auditors as well as internal control findings and various aspects of the audit.
The biggest problem of Alibaba Corporate Governance is management powers, because Alibaba Corporate Governance structure lack of stockholder rights and independent board representation to select board members and have a nominal in the management of the company. Although the board of directors in publicly traded companies always fail in their responsibility to protect the interests of shareholders. Alibaba has deprived even this minimal power ways from shareholders which isn’t sufficient respect of shareholder rights in the structures being proposed. In Alibaba has a permanent lock on control of the company but hold only a small minority of the equity capital known as the Alibaba Partnership. This
State-owned enterprises are regarded as a particular circumstance of business organisations and considered as the basis of economic growth in many countries (Zhang, 2011). It can be seen that the proportion of state-owned companies has increased from nine percent in 2005 to 23 percent in 2014 especially in China which has a proportion of 15 percent in 2014 (PwC, 2015). Furthermore, state-owned companies might be a necessary tool for development in emerging countries, because they can be directed and achieved by governments. Although state-owned companies have played an important role in an economy, they sometimes seem to perform poorly compared with private sectors on average in many countries, partly because the goals of public policy sometimes are complicated to be achieved (World Bank Group, 2014). Therefore, many countries have decided to privatise because they have expected that private sectors would operate and perform better than the government would do. Thus, privatisation has become an international phenomenon globally particularly in addressing inefficiency from state enterprises. However, there might have some benefits and drawbacks of privatisations, but all of the procedures are most likely to depend on the quality of contracts and regulation in each circumstance. For this reason, this essay will examine: firstly, the agency costs that seem to occur in state-owned companies, secondly a privatisation will be analysed as a result from those costs. Thirdly,
In the aftermath of major scandals and bailouts in the United States, the world`s and the public’s confidence in public corporations, has been shaken. With the publicized scandals of Enron and other corporations in the United States, the faith in public corporations fell as fast as the stock market. Investors had no confidence in corporations or in their boards. Measures needed to be taken to form regulations to provide stronger accountability, to prevent these types of scandals from happening and to rebuild the confidence of investors. Corporate governance of publicly traded
There are a multitude of mechanisms that should be put in place to better align managers with the interests of shareholders, and the government plays a big part of that puzzle. Agency problems arise when the management of a public company pursues its own economic self-interest ahead of shareowners’ and secondary stakeholder’s interests’ and portrays disregard for the respect for others and does not reflect at atmosphere of corporate citizenship. This behavior may manifest itself in the form of golden parachutes, long-term employment contracts, corporate jets, and other perquisites. Managers are susceptible to human nature and may pursue their own economic agendas without any concern for maximizing the wealth of the shareowners (Anson, White, McGrew, Butler, 2004). Nortel investors complained that even in its downward spiral, the executives received bonuses and issued excessively optimistic projections. Soon there would not be much left other than the lawsuits alleging issuance of misleading financial statements and blatant insider trading
One of the major changes made in the Chinese governance policies was a reform which provided more autonomy to the enterprises, thus allowing market forces to grow while keeping the central planning fixed. The big picture behind
There are many governance systems worldwide: - The anglo-saxon system is based on the ‘public company’ - The continental European model is based on the ‘family ownership’ or State Ownership also for listed companies - The German (Japan) model is founded on the co-existence of major banks and other shareholders in the capital - The Korean ‘chabeols’ (a family and the State allied as main owners) - The Scandinavian model based on the presence of workers and trade unions in the representative bodies
In light of recent global business scandals, corporate governance has become a significant topic. It can be understood as a dichotomy between the shareholders and the management of a company. Navigating this relationship is often problematic as the shareholders provide oversight while management makes daily executive decisions on their behalf. When managed appropriately, this balance between shareholders and management can result in improved efficiency, conflict resolution and a contribution to improving the standards and efficiency of the entire operation. This paper will examine the nature of both roles, how they often are in conflict and discuss the corporate ethics of this relationship. For a student of business organization, understanding how varying elements of a company resolve their issues is critical and can serve as a lesson that can be applied in other endeavors.
The Communist Party of China (CPC), which has 80 million members currently, has been in power in China for more than six decades (Thomas Lum, 2009). CPC is fundamentally different from the multiparty or two-party system in Western capitalism countries. CPC is also different with some countries imposed a one-party system. Political stability is a critical point for a country to attract foreign company investing in their country. Businesses need to assess if a country believes in free markets, government control, or heavy intervention in industry.
This method has launched by Government Oversight Agency like Security and Exchange Commission (SEC) in United State for research and investigation of large public corporations. Government Oversight Agency is able to clarify the catastrophic losing and failures. Notable that much abuse and misusage can be legal. In term of privatization that is very easy for executive manager to reduce the price of company`s stock according to Information Asymmetry(Gérard Roland 2008 ) .The Executive manager can
In recent years the issue of corporate governance has become a keenly debated topic in international finance. In developed countries, some of the biggest corporate collapses in history have brought about a change in focus. No longer are governments and lawmakers trying to deregulate and reduce the controls and disclosure requirements of corporations. The deregulation boom has ended, as regulation comes back into the picture.
Qian observes that large-scaled state-owned enterprises, even though experienced managerial reforms and ownership reconfiguration, continued to suffer from declining performance, i.e. profitability. The new corporate organization consisting shareholders, board of directors and supervisory board clashed with the role of the party committees. In this case, Qian pointed out that the key reason for this failure was the party’s control over the appointment of senior executives of SOEs. The executives’ politicized standing overshadowed their role in enhancing the corporate performances. The secretive selection
Better governance can be exercised by making prudent investment decisions by FI’s. They are required to make adequate due diligence of investee by assessing its past performance, feasibility analysis and management quality which enables effective allocation of the limited savings (Yuan et al, 2006). The same research paper also stated number of reasons for FI’s inability to affect governance which included weak legal environment, inadequate disclosures, conflict of interest, monitoring cost, etc but higher state ownership is most significant constraint.
Corporate Governance refers to the way a corporation is governed. It is the technique by which companies are directed and managed. It means carrying the business as per the stakeholders’ desires. It is actually conducted by the board of Directors and the concerned committees for the company’s stakeholder’s benefit. It is all about balancing individual and societal goals, as well as, economic and social goals. Corporate Governance is the interaction between various participants (shareholders, board of directors, and company’s management) in shaping corporation’s performance and the way it is proceeding towards. The relationship between the owners and the managers in an organization must be healthy and there should be no conflict between the