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What is Corporate Governance Essays

Decent Essays

Fraudulent Actions
What is corporate governance?
Corporate governance refers to the set of systems, principles and processes by which a company is governed. They provide the guidelines as to how the company can be directed or controlled such that it can fulfil its goals and objectives in a manner that adds to the value of the company and is also beneficial for all stakeholders in the long term . This definition seemed more appealing as it gave a broader understanding than the other offered definitions. It explains in plain simple terms what exactly corporate governance is and who it involves. Other definitions were vague and didn’t mention some of the participants involved. Corporate governance is a process and a system, and as with any …show more content…

The original section 297 legislation contained a double test which was subjective and difficult to prove, as the perpetrator had to be knowingly part of the fraud and also must have had intent to commit the fraud. If a particular person concerned genuinely believed that they had not acted fraudulently, then they would not be regarded as trading fraudulently. This was despite the fact that their behaviour might be considered unreasonable looking at it objectively. Only three cases were successful in Ireland under the original s.297.
The first successful case was Re Kelly’s Carpetdrome Ltd 1983, where books of the accounts were destroyed, and valuable assets were transferred to connected companies to avoid sale on liquidation. This was the first case on s.297 fraudulent trading and personal liability was imposed.
The next case was Re Aluminium Fabricators Ltd 1984. The company had two sets of books, one for the management and one for the revenue. Also, the managers through this deceit were taking

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