Corporate governance under English common law : the respective roles of executive and non executive directors
«The role of boards and its relationship to management must be clearly identified. The Companies Act provides that companies must have directors but does not define their functions. This is left to the articles of association, where the most...» Document abstract
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15 word format
Language : english
business law
presentation
date published
08/07/2004
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Summary The role of boards and its relationship to management must be clearly identified. The Companies Act provides that companies must have directors but does not define their functions. This is left to the articles of association, where the most undertaken practice consists of vesting the board of all the powers necessary for the management of the business, apart from those reserved by the Act to be exclusively exercised by the shareholders in general meetings. Thus, the need for a statutory statement of directors' duties makes no doubt.
Derek Higgs has issued a review on the role and effectiveness of non-executive directors. The recommendations were introduced in the revised Combined which came into effect in November 2003. Nearly all of the 50 recommendations made in the Higgs Report were incorporated into the revised Code.
The terms of reference of the Higgs review included an assessment of the population of non-executive directors in the UK, the process of appointment, the extent to which they are independent, their effectiveness, their accountability including their relationship with institutional investors and issues relating to their remuneration and the role of the Combined Code on Corporate Governance.
We will work out through these recommendations and critically analyse the possible impact on our system of corporate governance. However, before discussing these issues we need to consider the general characteristics of English boards and how the earlier reviews have changed the assessment of corporate structure...
Derek Higgs has issued a review on the role and effectiveness of non-executive directors. The recommendations were introduced in the revised Combined which came into effect in November 2003. Nearly all of the 50 recommendations made in the Higgs Report were incorporated into the revised Code.
The terms of reference of the Higgs review included an assessment of the population of non-executive directors in the UK, the process of appointment, the extent to which they are independent, their effectiveness, their accountability including their relationship with institutional investors and issues relating to their remuneration and the role of the Combined Code on Corporate Governance.
We will work out through these recommendations and critically analyse the possible impact on our system of corporate governance. However, before discussing these issues we need to consider the general characteristics of English boards and how the earlier reviews have changed the assessment of corporate structure...
Table of Contents
- Motivations for a board reform.
- The unitary board model and its influence on the role of directors.
- The board's responsibility as the management organ of the company.
- The monitoring role of non-executive directors.
- Clarification on Directors' duties.
- Statutory codification or self-regulation?.
- The board reform in the light of the Higgs report.
- Critical view of the reform.
«The capital is already at hand, the plan has been laid out and the place is just perfect. Most importantly, you just came up with an imaginative name that could spark up the business venture you’ve been envisioning for so long. But no matter how...» Document abstract
$4.95
5 word format
Language : english
business law
presentation
date published
03/07/2008
review : not yet assessed
level : General public
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SummaryThe capital is already at hand, the plan has been laid out and the place is just perfect. Most importantly, you just came up with an imaginative name that could spark up the business venture you’ve been envisioning for so long. But no matter how much thought has been put forth to produce such name, you can never be certain that no other else has created the same, hence, you do not know for sure, at least not right away, that the name or the label is completely yours. In such case, you might opt for another one which is more unique and will make your business stand out. This scenario practically illustrates the essence of trademarks.
Table of Contents
- Introduction.
- The trademark's legal matters.
- The issue of trademarks with similar sounds.
- Conclusion.
«Intellectual property has become a global concern in these last few decades due to the increased trade brought about by the internet. In an article posted at Focus, Field (2006) reported that in the United States alone, for example, studies in the...» Document abstract
$3.95
4 word format
Language : english
business law
presentation
date published
03/07/2008
review : not yet assessed
level : General public
requested 0 times
SummaryIntellectual property has become a global concern in these last few decades due to the increased trade brought about by the internet. In an article posted at Focus, Field (2006) reported that in the United States alone, for example, studies in the past decade have estimated that over 50 percent of U.S. exports now depend on some form of intellectual property protection, compared to less than 10 percent 50 years ago. Even on a global scale, India was severely affected by intellectual property abuse for some decades causing the migration of its scholars, writers, academicians, and scientists to migrate to countries that can protect their intellectual property rights. Thus, when the Trade Mark Acts of 1999 was passed into a law in India, this gave a boost to their economy.
Table of Contents
- Intellectual property has many forms.
- Even in the earliest course of history, people have been practicing trademarks indirectly.
- Filing for application of trademarks.
- The Landham Act ( Title 15 ,Chapter 22,United States Code).
What scholars have noted about property as a social construct mitigating human interactions that transcend legal and economic discourse
«A.I. Hallowell (1943: 119) once stated that, “Property as a social institution implies a system of relations between individuals. Like other social institutions, it involves rights, duties, powers, privileges, forbearances, etc, of certain kinds.”...» Document abstract
$4.95
5 word format
Language : english
business law
presentation
date published
07/07/2008
review : not yet assessed
level : Advanced
requested 0 times
SummaryA.I. Hallowell (1943: 119) once stated that, “Property as a social institution implies a system of relations between individuals. Like other social institutions, it involves rights, duties, powers, privileges, forbearances, etc, of certain kinds.” While this view of property has been highly debated in some academic circles, there is ample evidence that what Hallowell states is indeed correct. Thus, even though property is often examined in both legal and economic contexts, there are definitive grounds upon which property can clearly be defined as a social institution. With this in mind, this investigation considers what scholars have noted about property as a social construct mitigating human interactions that transcend legal and economic discourse.
Property as a Social Institution—A Literature Review
A precursory overview of what has been written about the social aspects of property, clearly indicates that property possess many of the social elements that are critical for social interaction and relationship building. To illustrate this point, Guy and Henneberry (2000) in their analysis of the social dimensions of property assert that, property serves as a gateway between the individual and the physical world. In this context, property is a social reality that enhances human development:
Property as a Social Institution—A Literature Review
A precursory overview of what has been written about the social aspects of property, clearly indicates that property possess many of the social elements that are critical for social interaction and relationship building. To illustrate this point, Guy and Henneberry (2000) in their analysis of the social dimensions of property assert that, property serves as a gateway between the individual and the physical world. In this context, property is a social reality that enhances human development:
Table of Contents
- Property as a Social Institution'A Literature Review.
- Guy and Henneberry and Carruthers and Ariovich conceptualize property.
- Ferrari-Filho (2005) also examines the social aspect of property.
- Other analyses have demonstrated the evolution of both the legal and social context of property.
- Drawing Conclusions.
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