1. It is a truism that it is easier to bring in new rules than to progress them work. This is non just an issue of needing more enforcement. It is besides roughly the bearing in which the rules be designed. Some politics beat come out practices--primarily those relating to board independence. Unless the rules argon well crafted, with a clear instinct of how they will be robust and effective, the end result is unmixed to be disappointing. Examples: loose definitions of independent director in Hong Kong and japan; injecting independence into both tiers of the two-tier board system in Indonesia or the dual systems in China and Taiwan. 2. Modern governance rules atomic number 18 being overlaid on entrenched political systems and traditional zephyr of merchandise cultures. This raises multiple issues: Can governments stomach companies to be vapourific when they themselves argon not? Can governance take settle when the government is plunder and no independent commis sion against depravation exists? While good governance avails certain types of companies, others may retreat out from it. Those which make gold from opacity and corruption, for example, or those which pay back to be transparent in a fundamentally somber market (i.e., they are likewise far ahead of the flex; their own information is apply against them by competitors, customers and corrupt taxation officials). 3.
Modern governance rules are also being overlaid rudimentary legal systems and often-outdated company and securities justice. This also raises multiple issues: Can regulators expect the market to help enforce the rules (i.e., undercover enforcement) wh! en the cards are so intelligibly stacked against investors? Examples: no class put to death; loser-pays legal systems; procedural and financial obstructions to pitch a law suit; company articles of association clearly designed to benefit the majority owner. If you want to get a full essay, inn it on our website: OrderCustomPaper.com
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