The Enlightened Shareholder Value Principle and Corporate Governance


Book Description

The book explains and assesses the nature of enlightened shareholder value principle (ESV) and its contribution to corporate governance. Andrew Keay traces the development of the principle of ESV and examines it in the context of existing principles which have influenced corporate governance. The book analyses the UK legislation that delivers the principle in corporate law and ESV is compared to the constituency statutes that apply in the US in order to determine can whether anything can be learned from the American experience with these statutes. Finally the book considers whether ESV will mean a less short-termist approach by financial institutions and non-financial institutions after the global financial crisis.




The Enlightened Shareholder Value Principle and Corporate Governance


Book Description

The enlightened shareholder value principle (ESV) was formulated during the comprehensive review of UK company law by the Company Law Steering Group in the late 1990s and early 2000’s and requires directors of companies to act in the collective best interests of shareholders. The principle was taken up by the then UK Government and is now embedded in the Companies Act 2006. The emergence of the principle constitutes an important development in corporate governance, particularly in determining what directors must consider when managing the affairs of their companies. This book explains and analyzes the nature of ESV and its contribution to corporate governance whilst also examining where it fits into the existing theoretical landscape. Andrew Keay traces the development of the principle of ESV and considers it in the context of the existing principles which have historically influenced corporate governance. In doing so, the book draws on several empirical studies thereby enabling us to gauge how the ESV principle is addressed in commercial practice. Keay goes on to compare ESV with the constituency statutes that apply in the US in order to determine whether anything can be learnt from the American experience. The book also assesses the reaction of other jurisdictions to the advent of ESV and considers what impact ESV will have on financial institutions and non-financial institutions in the aftermath of the global financial crisis.




The Enlightened Shareholder Value Principle and Corporate Social Responsibility


Book Description

This book provides a critical analysis of the impact of the concept of the Enlightened Shareholder Value principle on Corporate Social Responsibility and explores the scope for reform, analysing existing empirical research, presenting the findings of a study conducted to determine whether the concept of ESV is capable of promoting or assisting CSR.




The Shareholder Value Myth


Book Description

Distinguished legal scholar Stout proves that there is in fact absolutely no legal obligation for corporations to maximize shareholder value. She looks at new theories that not only better serve the needs of real human beings who invest, but of corporations and society as well.




Beyond Shareholder Value


Book Description

This timely and engaging book examines how maximizing shareholder value has played a dominant role in corporate governance over recent decades, and analyzes the resulting effect on share prices in the stock markets. Alongside the rise in corporate power and deepening economic inequality, the author investigates corporate law reform as a corrective remedy.




Investor Engagement


Book Description

The growth of shareholder value has been a major change in Western economies since the 1980s. This growth has reignited debates concerning relations between investors and managers. This book argues that investors are more than passive providers of finance, on whose behalf managers seek to maximize shareholder returns. Instead, many investors directly influence management practice, through investor engagement. The book examines the role of institutional investors and private equityfirms, two types of investors with overlapping but different reasons for engagement. Questions addressed include: What are the incentives, and disincentives, for investment engagement? How is investor engagement organized? What areas of management practice are of particular concern to investors? Thediscussion shows in detail how private equity firms play a major role in developing new companies, beyond the provision of finance, especially in the IT, biotechnology, and pharmaceutical sectors.The discussion is primarily based on British and US research. The debate has wider international relevance, because there are strong pressures for establishing shareholder value as the international 'norm' for systems of corporate governance. Following a detailed discussion of Germany, the authors conclude that there is no inevitable trend to shareholder value: shareholder value depends upon complementary institutional arrangements in national business systems, which are far from universal. Thebook concludes with a critical analysis of the justifications for shareholder value and investor engagement, highlighting the weaknesses of both efficiency and equity justifications.




Enlightened Shareholder Theory


Book Description

This paper questions the feasibility of Corporate Governance (CG) and a company's Board Members (CG's most obvious agents) being able to serve two masters at once: shareholders; and the many different agents inhabiting the labyrinth of the stakeholder universe. Following on from this is the question of which of these stakeholders deserve special treatment from companies. After analysing this conundrum, absurdist reasoning will be used to demonstrate the theoretical impossibility of a dual legitimacy that would undermine the very factors explaining the success of modern developed societies. An alternative 'Enlightened shareholder theory' will be proposed, inspired by JENSEN's 'Enlightened stakeholder theory' (2001). After demonstrating that a company's interest is not necessarily synonymous with the interests of its shareholders, a proposition will be made that Board Members should always highlight social interests. The paper's conclusion will identify the consequences of the new theoretical framework for the definition of CG; Board Members' missions; and the composition of a Board of Directors.




Creation of shareholder value by application of EVA


Book Description

Research Paper (undergraduate) from the year 2012 in the subject Business economics - Controlling, grade: 1,7, University of Applied Sciences Essen, language: English, abstract: Creation of shareholder value; this simple idea has become a principle of corporate governance over the past fifty years (Lazonick et al, 2000). Managers shall maximize the value of their business by efficiently allocating resources and hence increase the wealth of shareholders (Worthington et al, 2001). The operationalization of this objective is done by various indicators. Shareholders, managers and other interested parties strongly follow these in order to assess business and predict future performance. EVA is one of these indicators. The following paper presents the concept and measurement behind the trademark EVA. It is practically applied for the company Fresenius in a simplified way. Theoretical and practical analyses reveal strengths and weaknesses of measurement and concept. In general it can be said that EVA is one approach to identify value creation and degrading. The concept can be used for investment decisions as well as performance appraisal. Main disadvantage has been identified to be a high degree of complexity in order to derive the true EVA. If adjustments are not made the measurement appears to be similar to other residual income indicators.




Myth of Shareholder Primacy in English Law


Book Description

By virtue of section 172 of the Companies Act 2006, the concept of Enlightened Shareholder Value, which is an extension of Shareholder Primacy norm, is now enshrined into English law as the basis of corporate governance. Prior to the Companies Act 2006, much was written about shareholder primacy, which assumed it to be the basis of corporate governance in English law. But what has rarely been discussed is the validity of that assumption. Was shareholder primacy a legal norm in English law prior to the Companies Act 2006? Did the case law that are purported to have supported shareholder primacy really support it? In testing the validity of the shareholder primacy assumption, this article examines its purported legal sources rather than its merits. The ultimate shareholder primacy norm is that directors are agents of shareholders, and that directors are under fundamental obligation to run the company in the interest of the shareholders. This article finds that directors owed no such legal obligation to shareholders, that the confusion was based on the historical application of partnership principles to company law, and that a contextual reading of case law reveals that the theory would have been at odds with the elementary tenet of corporate legal personality. This article also finds that although shareholder primacy norm has since been enshrined in the Companies Act 2006, albeit as Enlightened Shareholder Value, it remains at odds with the legal personality tenet and provides a right without corresponding legal remedy.




Summary of Lynn Stout's The Shareholder Value Myth


Book Description

Please note: This is a companion version & not the original book. Sample Book Insights: #1 The Deepwater Horizon disaster was a tragedy on an epic scale not only for the rig and the eleven people who died on it, but also for the corporation BP. By June of 2010, BP had suspended paying its regular dividends, and its stock had plummeted to less than $30 per share. #2 The Deepwater Horizon disaster is just one example of a larger problem that afflicts many public corporations today. That problem is called shareholder value thinking, and it says that public corporations exist to maximize shareholders’ wealth. #3 The 1990s saw the emergence of the idea that corporations should serve only shareholder wealth, which was reflected in stock price. This idea became dominant by the turn of the millennium. #4 The past dozen years have seen a daisy chain of corporate disasters, from massive frauds at Enron, HealthSouth, and Worldcom in the early 2000s to the near-failure and costly taxpayer bailout of many of America’s largest financial institutions in 2008.