Browsing by Author "Larkin, Mike"

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    Merges and acquisitions and the resultant ramifications on employees in the transaction. a study of South Africa's Section 197 Labour Relations Act 1995 as amended in 2002
    (2008) Ndungu, Herbert Mburu; Larkin, Mike
    Business organizations engage in mergers and acquisitions (M&As) to accomplish various objectives, including, but not limited to, increasing growth potential, expanding product lines, entering new markets at a faster speed, eliminating competitors gaining access to intellectual capital and gaining desired technologies. 1 M&As have lately also been undertaken as a means of business reorganization.
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    The German “special representative” and corporate governance corporate governance for crisis situations in financial institutions
    (2007) Eric Fiedler, Bernhard Thor; Larkin, Mike
    In Germany, banks and insurance companies are regulated and supervised by the finan cial supervisor, the Bundesanstalt für Finanzdienstleistungsaufsicht [BaFin]. The Bank ing Supervision Act Kreditwirtschaftsgesetz [KWG] and the Insurance Supervision Act Versicherungsaufsichtsgesetz [VAG] provide the financial supervisor with a broad range of powers regarding the enforcement of the law. One of these powers is the ability to appoint a special representative. Under certain circumstances, according to s 83a (1) VAG, the financial supervisor is allowed to suspend parts or even whole organs of a supervised company and to replace them with a special representative.
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    The independent director and effective corporate governance
    (2007) Iwe, Chizoba David; Larkin, Mike
    As a response to the rash of scandals in particularly USA and Europe in recent times, corporate governance has elicited a lot of interest worldwide. Today there is growing dialogue among the different stakeholders about corporate governance and how it should evolve to cope with the increasingly dynamic and global nature of our capital markets. Worldwide, corporate reforms and other initiatives are being taken as remedies to rebuild trust in corporate governance. Corporate reforms have led to the introduction in many countries of various codes or guidelines for best practices in corporate governance. Until now, probably the most important basic ingredient of these reform initiatives has been the emergence of the ‘independent director'. The introduction of this concept of independent director is at the heart and soul of corporate governance.1 Although the relevance or otherwise of this class of director to corporate success has been the subject of robust discourse, it is generally accepted that a ‘lack of monitoring by independent, disinterested non-executive directors has been a major cause for the various corporate scandals that we have witnessed'.2 The first section of this study attempts a comparative analysis of various definitions (taken from corporate governance codes of various countries) of the independent director, taking a look at his role within the corporate structure. The second part examines the rationale for including the independent director on the board, his effectiveness, and his relevance in relation to corporate performance.
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    Towards good corporate governance: an analysis of corporate governance reforms in Uganda
    (2007) Tumuheki, Justine; Larkin, Mike
    The recent onslaught of corporate scandals has compelled the world to acknowledge the profound impact of corporate governance practices on the global economy. Corporate governance has become important for the survival of companies and indeed of national economies in the increasingly global economy. Corporate governance is of particular concern in developing economies, where the infusion of international investor capital and foreign aid is essential to economic stability and growth. For transition economies, such as Uganda's, which are faced with the challenge of restructuring for greater efficiency and creating a foreign investment-friendly environment, good corporate governance is crucial for success. This research highlights corporate governance initiatives in Uganda, focusing on the proposed corporate governance reforms. An analysis of the major corporate governance reforms is done including; statutory reforms, development of codes of conduct and best practice and institutional reforms. The evolution of Uganda's corporate structure and the forces driving corporate governance reform is examined. It is noted that corporations in Uganda cannot shield themselves from the global movement that is shaping standard principles governing corporations. Therefore the global principles of corporate governance are examined concerning how they can serve as models for enhancing corporate governance standards in Uganda. The analysis is based on the need to bring Uganda's corporate governance reforms in line with internationally accepted standards but considering the best interests of Uganda and its citizens.