Corporate Governance

ISSN :
2077-6535 (en ligne)
ISSN :
2077-6527 (imprimé)
DOI :
10.1787/20776535
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This series of books addresses issues related to corporate governance including such issues as board composition and nomination, the role of institutional investors, board incentives, risk management and  supervision and enforcement.

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Supervision and Enforcement in Corporate Governance

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Auteur(s):
OCDE
Date de publication :
04 nov 2013
Pages :
116
ISBN :
9789264203334 (PDF) ; 9789264203327 (imprimé)
DOI :
10.1787/9789264203334-en

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This fifth peer review of the OECD Principles of Corporate Governance analyses the supervision and enforcement of rules and practices relating to related party transactions (RPTs),  takeover bids and shareholder meetings. The review covers 27 jurisdictions and is based on a general survey of all participating jurisdictions, as well as an in-depth review of supervision and enforcement practices in Brazil, Turkey, and the United States.

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    Foreword

    This report presents the results of the OECD’s fifth peer review based on the OECD Principles of Corporate Governance. The report covers the corporate governance framework and practices relating to the supervision and enforcement, both public and private, in the specific areas of i) related party transactions (RPTs), ii) takeover bids and iii) shareholder meetings. It covers 27 jurisdictions.

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    Executive summary

    This report reviews the supervision and enforcement of corporate governance arrangements in the areas of i) related party transactions (RPTs), ii) takeover bids and iii) shareholder meetings, in 27 of the jurisdictions that participate in the OECD Corporate Governance Committee. Against the background of the OECD Principles of Corporate Governance, it describes how various jurisdictions have chosen to implement the Principles relating to supervision and enforcement

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    Public and private supervision and enforcement practices in 27 jurisdictions

    This report presents the results of the fifth peer review based on the OECD Principles of Corporate Governance. The report is focused on the corporate governance framework and practices that relate to the supervision and enforcement in the specific areas of i) related party transactions (RPTs), ii) takeover bids and iii) shareholder meetings. Chapter 1 of the report summarises public and private supervision and enforcement practices in the 27 jurisdictions that participated in the review. It is based upon a questionnaire that was sent to all participating jurisdictions in June 2012, discussions in the OECD Corporate Governance Committee in November 2012 and April 2013, as well as conclusions from the three in-depth studies of supervision and enforcement practices in Brazil, Turkey and the United States contained in Chapters 2-4.

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    Brazil: the corporate governance framework and practices relating to supervision and enforcement

    This chapter, part of the fifth peer review based on the OECD Principles of Corporate Governance, summarises public and private supervision and enforcement practices in Brazil, in particular in the areas of related party transactions (RPTs), takeover bids and shareholder meetings. The chapter, prepared by Maria Helena Santana, former Chair of Brazil’s Securities Commission, the CVM, acting as a consultant to the OECD, highlights the key characteristics, strengths and limitations of the Brazilian framework for corporate governance-related enforcement, including a strong reliance on the supervision of its Securities Commission (CVM); close co-operation between CVM and Brazil’s Stock Exchange (BM and FBovespa), on enforcement of listing requirements; and greater use of market arbitration mechanisms than court processes to settle corporate governance-related disputes. It concludes with some recommendations on further improvements in the supervision and enforcement framework.

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    Turkey: the corporate governance framework and practices relating to supervision and enforcement

    This chapter, part of the fifth peer review based on the OECD Principles of Corporate Governance, summarises public and private supervision and enforcement practices in Turkey, in particular in the areas of related party transactions (RPTs), takeover bids and shareholder meetings. The chapter, prepared by the OECD Secretariat (Akira Nozaki and Winfrid Blaschke), highlights the key characteristics, strengths and limitations of the Turkish framework for corporate governance-related enforcement, including a strong reliance on the supervision of its Securities Commission (CMB).

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    United States: the corporate governance framework and practices relating to supervision and enforcement

    This chapter, part of the fifth peer review based on the OECD Principles of Corporate Governance, summarises public and private supervision and enforcement practices in the United States, in particular in the areas of related party transactions (RPTs), takeover bids and shareholder meetings. The chapter, prepared largely by Laurence Hamermesh, Professor, Widener University School of Law, acting as a consultant to the OECD, highlights the key characteristics, strengths and limitations of the US framework for corporate governancerelated enforcement, including a strong reliance on private supervision through shareholder lawsuits. It also examines the interaction of private supervision and enforcement with public enforcement, of governance rules applicable to related-party transactions (RPTs) and takeovers.

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