When the United States entered World War I, the U.S. Army boosted recruitment with a poster. Uncle Sam, symbolizing the federal government, pointed to the viewer: “I want you.” So it is with the many federal agencies that today have oversight over major companies and their directors and officers (D&O). If you or your organization have run afoul of a federal regulation, intentionally or not, the “war” is on. These agencies want you—in court.
(more…)
Integrity
Articles by our readers about integrity. Do you want to contribute to this category too? Please subscribe to be an author.
The Dark Side of Commitment
The fish rots from the head, Chinese expression that stands out that the Board of Directors, as head of the organization is key to have a culture that promotes compromise among people working their; on the contrary, the company will not stand for long. Commitment is the result of a tacit or formal agreement among people agreeing on a given delivery in a specific timing and form. Commitment is what he or she (or they) asks for or offers and he or she (or they) accepts to receive what is committed in the right time frame and form and that appraisal judgments will be made reciprocally in relation with what is committed by both parties. The commitment involves both parties, since who asks for or who receives the offer must state his or her judgments in time as well, and reward the fulfilling or compensate for and repair should he had not kept in force the validity of the request. As a result of these judgments there may be compensations and the trust capital for future commitments of the company will improve or decrease. For this process to occur, the commitment of the interlocutors required:
(more…)
A comparative perspective women on boards revolution
INTRODUCTION
The Franco British Chamber of Commerce
Founded in 1873 and with a membership network of over 700 companies, the Chamber’s objective is to lead the Franco-British business community in France.
World Women in Real Estate
WWIRE is a community that encourages world women in real estate to help each other and create an impact
(more…)
D&O LIABILITY INSURANCE: AN ESSENTIAL COMPONENT OF AN ORGANISATION’S RISK-MITIGATION TOOLBOX
By Terrance M. Booysen and peer reviewed by David Loxton (Partner: Dentons)
Directors and officers of all organisations are facing an increased risk of personal exposure. Their roles and responsibilities have become progressively more onerous in recent years, mainly as a result of new legislation and regulatory requirements, stakeholder pressure and increased governance and social responsibilities, as well as the complexity of trans-continental and macro-economic trading conditions.
(more…)
LIFESTYLE AUDITS CURB ERRANT BEHAVIOUR
By Terrance M. Booysen and reviewed by Megan Grindell (Director: Carter DGF Risk Management)
In today’s heightened times of public scrutiny and calls for ethical leaders, it’s not surprising that many concerned citizens have become far more demanding for good governance and transparency. Social media has been a major contributor to this call, such that a person’s privacy — including matters such as their social pleasures and behaviour — are broadcasted in seconds to almost any corner of the world. For example, if a work colleague is an avid user of Facebook or Twitter, it’s not too difficult finding out what that person’s likes and dislikes are, what gyms or sport clubs they attend and how often, right down to discovering their dream car or accommodation.
(more…)
Dawn of the Vestors
In our previous article dated 09 June 2016, BIA proposed a novel addition to the global investment lexicon by suggesting we add the term Vestor. According to BIA, the definition of a Vestor is “any person who has any personal stake in the outcomes produced by an organization.” A Vestor has a vested interest, synonymous with being a stakeholder.
(more…)
SMEs Governance
The precise principles of Corporate Governance are published globally through assigned local government regulators within their respective countries. These fundamentals are put into place in order to adequately regulate and manage the behavior of large-sized corporations whom are publicly listed on the stock market. This ideology is primarily set to protect the rights and interests of the shareholders from more than one standpoint.
(more…)
Wishful thinking and reality – ‘The Proposition’
This is about a film – ‘The Proposition’ (its German title – Wunsch und Wirklichkeit – translates as Wishful Thinking and Reality) a true-to-life depiction of the state of Corporate Governance and shareholder AGMs.
Just like the film set in Boston, the founders and shareholders Larry Page and Sergey Brin find themselves in love with partners who are impotent. The co-shareholders possess A, B and C type shares without voting rights and all this (nomen est omen) in a parent company called “Alphabet” a multi-layer concern where never is heard the slogan ‘one share one vote’ so often yelled by activists at corporate governance conventions. Hi-tech concerns like Linkedin and Yelb, or groups such as Comcast and Discovery, or Volkswagen and Facebook all have that in common – grab the shareholders by the purse strings and deny them voting rights.
(more…)
Is it time to enforce section 172 of the 2006 Companies Act?
Labour MP Frank Field, co-author of the 60-page report into the BHS collapse by the parliamentary business, innovation and skills select committee, has raised concerns with Greg Clark, the Business Secretary, about possible gaps in Britain’s corporate governance regime.
After alleging that Sir Philip Green had “plundered” BHS’s pension schemes, he said that the committee’s report highlighted the need for tougher rules to apply to privately owned companies, and for watchdogs to be handed additional powers to enforce them.
(more…)
THE RIGHT TO PROTECT YOUR PERSONAL INFORMATION
By Terrance Mark Booysen and reviewed by Nicholas Hall (Associate: Michalsons Attorneys)
Last year there was a flurry of activity when it was reported that a well-known South African cell phone company closed its e-billing portal over an alleged security breach. Considering the potential that their customer’s billing information could have become exposed, the mobile operator was quick to respond. Soon thereafter the company implemented data encryption, together with customer identification login confirmation facilities. Then there was the case of the City of Johannesburg who reportedly had massive security flaws where allegedly it was possible for non-employees to read its customer’s billing information, furthermore gaining access to the customer’s name, account numbers and contact details.
(more…)
English
العربية
简体中文
Nederlands
Français
Deutsch
Italiano
Português
Русский
Español