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 Arab Countries

Corporate Governance in Arab Countries
Author: Georg Binder
Publisher: GRIN Verlag
Total Pages: 73
Release: 2011-07-19
Genre: Business & Economics
ISBN: 3640961900

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Diploma Thesis from the year 2009 in the subject Business economics - Business Management, Corporate Governance, grade: Sehr Gut, University of Vienna, language: English, abstract: English: In today ́s business world corporate governance has become one of the most discussed and most important matters. Corporate governance criteria have been put right in the middle of investment decisions - especially in emerging markets. In addition to that, a series of events like business scandals, financial crises or business failures in the last 20 years has made corporate governance a key point in the business community in emerging markets, developing countries and economies in transition. There exists no general definition for the term corporate governance. Basically it can be viewed as a set of principles and rules by which a company is directed and controlled. Many countries have developed good corporate governance principles to improve the relationship between the shareholders of a company and the management. Factors like financial disclosure, more rights for shareholders and independent boards are crucial for investors who are looking for a stable growth of companies. Countries in the MENA region have put the implementation of such sound corporate governance codes in the middle of their agenda. Their aim is to create better economies and consequently a more attractive investment climate for possible investors in the future. This thesis tries to give the reader an insight into today ́s state of corporate governance in the Middle East and North Africa countries. The discussion is based on a survey which has been undertaken by the Hawkamah Institute for corporate governance in Dubai which focuses on the establishment of good corporate governance codes in this region.

Corporate Governance in Arab Countries

Corporate Governance in Arab Countries
Author: Georg Binder
Publisher: GRIN Verlag
Total Pages: 77
Release: 2011-07
Genre: Business & Economics
ISBN: 3640961781

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Diploma Thesis from the year 2009 in the subject Business economics - Business Management, Corporate Governance, grade: Sehr Gut, University of Vienna, language: English, abstract: English: In today ́s business world corporate governance has become one of the most discussed and most important matters. Corporate governance criteria have been put right in the middle of investment decisions - especially in emerging markets. In addition to that, a series of events like business scandals, financial crises or business failures in the last 20 years has made corporate governance a key point in the business community in emerging markets, developing countries and economies in transition. There exists no general definition for the term corporate governance. Basically it can be viewed as a set of principles and rules by which a company is directed and controlled. Many countries have developed good corporate governance principles to improve the relationship between the shareholders of a company and the management. Factors like financial disclosure, more rights for shareholders and independent boards are crucial for investors who are looking for a stable growth of companies. Countries in the MENA region have put the implementation of such sound corporate governance codes in the middle of their agenda. Their aim is to create better economies and consequently a more attractive investment climate for possible investors in the future. This thesis tries to give the reader an insight into today ́s state of corporate governance in the Middle East and North Africa countries. The discussion is based on a survey which has been undertaken by the Hawkamah Institute for corporate governance in Dubai which focuses on the establishment of good corporate governance codes in this region.

Research in Corporate and Shari'ah Governance in the Muslim World

Research in Corporate and Shari'ah Governance in the Muslim World
Author: Toseef Azid
Publisher: Emerald Group Publishing
Total Pages: 456
Release: 2019-05-20
Genre: Business & Economics
ISBN: 1789730074

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Research in Corporate and Shari'ah Governance in the Muslim World: Theory and Practice aims to address a critical disciplinary gap between Islamic theory and the practice of the corporate sector in the Muslim World. Adopting a critical approach, the book sheds light on the impact of corporate governance on the economies of the Muslim world.

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.