Toward New Corporate Governance Standards in the Kingdom of Saudi Arabia: Lessons from Delaware

Toward New Corporate Governance Standards in the Kingdom of Saudi Arabia: Lessons from Delaware
Author: Meshal Faraj
Publisher: SABIC Chair for IFMS
Total Pages: 206
Release: 2016-02-14
Genre:
ISBN:

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There is currently a debate in the Kingdom of Saudi Arabia is over how directors of publicly held companies can be held accountable. Before addressing this question, we should determine when it is that a director violates her or his duties. This study seeks to bring focus to the accountability system in Saudi Arabia. It investigates a legal defect in that system: the Saudi Companies Law incorporates standards of conduct but lacks standards of review. This study argues that although directors’ duties have been formulated so that there are areas left to be developed by courts, Saudi judges do not retain residual lawmaking powers which they could use to fill a regulatory vacuum. It builds upon empirical evidence to prove the underlying reasons that the context has changed, which ultimately has created the need to reform the Saudi fiduciary duties system. New cases in Saudi Arabia evoke some of the contours of Delaware corporate law. New cases have triggered standards of conduct violations that might be identical to fiduciary violations in Delaware. Therefore, this study proposes to transplant Delaware standards of review to Saudi Arabia. It argues that the contextual change in Saudi Arabia after the establishment of the Capital Market Authority would make this transplant more significant. Closer analysis suggests that both systems are consensus on the shareholder primacy model. This convergence on the shareholder model inevitably ensures a functional convergence in the long run.

Corporate Governance in MENA Building a Framework for Competitiveness and Growth

Corporate Governance in MENA Building a Framework for Competitiveness and Growth
Author: OECD
Publisher: OECD Publishing
Total Pages: 186
Release: 2019-04-15
Genre:
ISBN: 9264392025

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A strong corporate governance framework is essential for MENA economies as they strive to boost economic growth, strengthen competitiveness and build prosperous societies. The G20/OECD Principles of Corporate Governance and the OECD Guidelines on Corporate Governance of State-Owned Enterprises are a reference in order to build such a framework.

A Conceptual Legal Framework for Reforming Saudi Corporate Governance

A Conceptual Legal Framework for Reforming Saudi Corporate Governance
Author: Fahad Mohammed Almajid
Publisher: LAP Lambert Academic Publishing
Total Pages: 324
Release: 2014-10-22
Genre:
ISBN: 9783659584176

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This book can be regarded as one of the first academic study that comprehensively explores the legal framework of corporate governance of joint stock companies operating in Saudi Arabia from a comparative point of view. The author has discussed extensively various legal aspects where corporate governance practices in Saudi companies are quite similar to those of advanced economies such as USA and UK. He also identifies the areas where Saudi legal framework obviously differs from a more advanced systems and suggests the areas where Saudi legislature can improve significantly good practices of corporate governance. For anyone who is interested in knowing the corporate governance structure of Saudi publicly held companies, be it a researcher, journalist, investor, this book is of great help.

Current Practices of Saudi Corporate Governance

Current Practices of Saudi Corporate Governance
Author: Faleh Salem B. Al Kahtani
Publisher:
Total Pages:
Release: 2013
Genre:
ISBN:

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One of the most debated issues is that of corporate governance. The topic has been investigated by scholars from several scientific fields including the legal. Indeed, corporate governance has been examined by a great number of law scholars, with particular regards to the improvement of various aspects. For example, effective corporate governance focuses on protecting and advancing aspects related to shareholders' rights, the board of directors and corporations' internal and external audit systems. The main objective of this research is to suggest reformation to the Saudi corporate governance framework in order to achieve satisfactory corporate governance practices. The second purpose of the research is to investigate the current practices involved in Saudi corporate governance arrangements. The final aim is to determine how a Saudi corporate governance framework would most benefit corporate governance from the Islamic perspective. This study intends to provide a regulatory analysis to influence those regulations that should be implemented to adjust corporate governance practices as they affect the Saudi capital market. The researcher found that Saudi corporate governance has been promulgated in accordance with principles of on-going international corporate governance. Alternatively, the Islamic perspective on corporate governance has been debated more recently, as an idea that needs to be progressed in order to provide associated benefits to the corporate governance framework in Saudi Arabia. Therefore, Saudi corporate governance provisions can be seen as based largely on positive man-made laws. The researcher further discovered that Saudi corporate governance as an institutional framework is divided between several institutions, whether internal or external, which might result in some ambiguity when it comes to implementing good corporate governance practices. However, the research results revealed that Saudi corporate governance provisions have to be reformed in accordance with popular worldwide corporate governance principles, namely the UK Corporate Governance Code, the UK Companies Act and the OECD principles of corporate governance produced.