Enforcement and Corporate Governance

Enforcement more than regulations, laws-on-the-books, or voluntary codes is key to effective corporate governance, at least in transition and developing countries. Corporate governance and enforcement mechanisms are intimately linked as they affect...

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Main Authors: Berglöf, Erik, Claessens, Stijn
Format: Policy Research Working Paper
Language:English
en_US
Published: World Bank, Washington, D.C. 2013
Subjects:
Online Access:http://documents.worldbank.org/curated/en/2004/09/5163974/enforcement-corporate-governance
http://hdl.handle.net/10986/14242
id okr-10986-14242
recordtype oai_dc
spelling okr-10986-142422021-04-23T14:03:21Z Enforcement and Corporate Governance Berglöf, Erik Claessens, Stijn ACTUAL COSTS ASSET STRIPPING ASSETS AUDITORS AUDITS BANK LENDING BANK MONITORING BANKING REGULATION BANKING SYSTEM BANKRUPTCY BANKRUPTCY LAW BROKERS CAPITAL MARKETS CLEARING HOUSES COLLATERAL CONTRACT ENFORCEMENT CORPORATE CONTROL CORPORATE GOVERNANCE CORPORATE PERFORMANCE COST OF CAPITAL DEBT DEVELOPED COUNTRIES DISCLOSURE ECONOMIC GROWTH ECONOMICS ECONOMIES OF SCALE EMERGING MARKETS EMPIRICAL EVIDENCE EQUILIBRIUM EXPROPRIATION EXTERNAL FINANCING FACTOR MARKETS FINANCIAL DEVELOPMENT FINANCIAL INSTITUTIONS FINANCIAL MARKETS FINANCIAL SECTOR FINANCIAL STRUCTURE FOREIGN FIRMS FOREIGN INVESTORS GOVERNANCE PROBLEM GOVERNMENT INTERVENTION HUMAN CAPITAL INFORMATION DISSEMINATION INSIDER TRADING INSTITUTIONAL DEVELOPMENT INSTITUTIONAL INVESTORS INTERNATIONAL FINANCE INVESTMENT BANKS INVESTMENT STRATEGIES JOINT VENTURES JUDICIAL SYSTEM JURISDICTIONS LABOR MARKETS LAWS LIABILITY LINKAGES LIQUIDITY LIQUIDITY COSTS MARKET ECONOMIES MEDIA MINORITY SHAREHOLDERS NATURAL RESOURCES OIL OWNERSHIP CONCENTRATION POLICY RESEARCH POLITICAL ECONOMY PRIVATE PROPERTY PROPERTY RIGHTS PROXY PROXY FIGHTS PUBLIC POLICY RATE OF RETURN RATING AGENCIES REGULATORY ENVIRONMENT RENT SEEKING RISK MANAGEMENT SECURITIES SECURITIES LAWS SECURITIES MARKETS SETTLEMENT SHAREHOLDER VALUE SHAREHOLDERS SHAREHOLDINGS SOCIAL COSTS STOCK EXCHANGES STOCK MARKET STOCK MARKETS STOCKS SUPERVISORY FRAMEWORK SUPPLIERS TRADE CREDIT TRADEOFFS TRADERS TRANSACTION COSTS TRANSITION ECONOMIES Enforcement more than regulations, laws-on-the-books, or voluntary codes is key to effective corporate governance, at least in transition and developing countries. Corporate governance and enforcement mechanisms are intimately linked as they affect firms' ability to commit to their stakeholders, in particular to external investors. The authors provide a framework for understanding these links and how they are shaped by countries' institutional contexts. When the general enforcement environment is weak and specific enforcement mechanisms function poorly, as in many developing and transition countries, few of the traditional corporate governance mechanisms are effective. The principal consequence in these countries is a large block-holder, but there are important potential costs to this mechanism. A range of private and public enforcement "tools" can help reduce these costs and reinforce other supplementary corporate governance mechanisms. The limited empirical evidence suggests that private tools are more effective than public forms of enforcement in the typical environment of most developing and transition countries. However, public enforcement is necessary regardless, and private enforcement mechanisms often require public laws to function. Furthermore, in some countries at least, bottom-up, private-led tools preceded and even shaped public laws. Political economy constraints resulting from the intermingling of business and politics, however, often prevent improvements in the general enforcement environment, and adoption and implementation of public laws in these countries. 2013-06-27T17:53:55Z 2013-06-27T17:53:55Z 2004-09 http://documents.worldbank.org/curated/en/2004/09/5163974/enforcement-corporate-governance http://hdl.handle.net/10986/14242 English en_US Policy Research Working Paper;No.3409 CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo/ World Bank World Bank, Washington, D.C. Publications & Research :: Policy Research Working Paper Publications & Research
repository_type Digital Repository
institution_category Foreign Institution
institution Digital Repositories
building World Bank Open Knowledge Repository
collection World Bank
language English
en_US
topic ACTUAL COSTS
ASSET STRIPPING
ASSETS
AUDITORS
AUDITS
BANK LENDING
BANK MONITORING
BANKING REGULATION
BANKING SYSTEM
BANKRUPTCY
BANKRUPTCY LAW
BROKERS
CAPITAL MARKETS
CLEARING HOUSES
COLLATERAL
CONTRACT ENFORCEMENT
CORPORATE CONTROL
CORPORATE GOVERNANCE
CORPORATE PERFORMANCE
COST OF CAPITAL
DEBT
DEVELOPED COUNTRIES
DISCLOSURE
ECONOMIC GROWTH
ECONOMICS
ECONOMIES OF SCALE
EMERGING MARKETS
EMPIRICAL EVIDENCE
EQUILIBRIUM
EXPROPRIATION
EXTERNAL FINANCING
FACTOR MARKETS
FINANCIAL DEVELOPMENT
FINANCIAL INSTITUTIONS
FINANCIAL MARKETS
FINANCIAL SECTOR
FINANCIAL STRUCTURE
FOREIGN FIRMS
FOREIGN INVESTORS
GOVERNANCE PROBLEM
GOVERNMENT INTERVENTION
HUMAN CAPITAL
INFORMATION DISSEMINATION
INSIDER TRADING
INSTITUTIONAL DEVELOPMENT
INSTITUTIONAL INVESTORS
INTERNATIONAL FINANCE
INVESTMENT BANKS
INVESTMENT STRATEGIES
JOINT VENTURES
JUDICIAL SYSTEM
JURISDICTIONS
LABOR MARKETS
LAWS
LIABILITY
LINKAGES
LIQUIDITY
LIQUIDITY COSTS
MARKET ECONOMIES
MEDIA
MINORITY SHAREHOLDERS
NATURAL RESOURCES
OIL
OWNERSHIP CONCENTRATION
POLICY RESEARCH
POLITICAL ECONOMY
PRIVATE PROPERTY
PROPERTY RIGHTS
PROXY
PROXY FIGHTS
PUBLIC POLICY
RATE OF RETURN
RATING AGENCIES
REGULATORY ENVIRONMENT
RENT SEEKING
RISK MANAGEMENT
SECURITIES
SECURITIES LAWS
SECURITIES MARKETS
SETTLEMENT
SHAREHOLDER VALUE
SHAREHOLDERS
SHAREHOLDINGS
SOCIAL COSTS
STOCK EXCHANGES
STOCK MARKET
STOCK MARKETS
STOCKS
SUPERVISORY FRAMEWORK
SUPPLIERS
TRADE CREDIT
TRADEOFFS
TRADERS
TRANSACTION COSTS
TRANSITION ECONOMIES
spellingShingle ACTUAL COSTS
ASSET STRIPPING
ASSETS
AUDITORS
AUDITS
BANK LENDING
BANK MONITORING
BANKING REGULATION
BANKING SYSTEM
BANKRUPTCY
BANKRUPTCY LAW
BROKERS
CAPITAL MARKETS
CLEARING HOUSES
COLLATERAL
CONTRACT ENFORCEMENT
CORPORATE CONTROL
CORPORATE GOVERNANCE
CORPORATE PERFORMANCE
COST OF CAPITAL
DEBT
DEVELOPED COUNTRIES
DISCLOSURE
ECONOMIC GROWTH
ECONOMICS
ECONOMIES OF SCALE
EMERGING MARKETS
EMPIRICAL EVIDENCE
EQUILIBRIUM
EXPROPRIATION
EXTERNAL FINANCING
FACTOR MARKETS
FINANCIAL DEVELOPMENT
FINANCIAL INSTITUTIONS
FINANCIAL MARKETS
FINANCIAL SECTOR
FINANCIAL STRUCTURE
FOREIGN FIRMS
FOREIGN INVESTORS
GOVERNANCE PROBLEM
GOVERNMENT INTERVENTION
HUMAN CAPITAL
INFORMATION DISSEMINATION
INSIDER TRADING
INSTITUTIONAL DEVELOPMENT
INSTITUTIONAL INVESTORS
INTERNATIONAL FINANCE
INVESTMENT BANKS
INVESTMENT STRATEGIES
JOINT VENTURES
JUDICIAL SYSTEM
JURISDICTIONS
LABOR MARKETS
LAWS
LIABILITY
LINKAGES
LIQUIDITY
LIQUIDITY COSTS
MARKET ECONOMIES
MEDIA
MINORITY SHAREHOLDERS
NATURAL RESOURCES
OIL
OWNERSHIP CONCENTRATION
POLICY RESEARCH
POLITICAL ECONOMY
PRIVATE PROPERTY
PROPERTY RIGHTS
PROXY
PROXY FIGHTS
PUBLIC POLICY
RATE OF RETURN
RATING AGENCIES
REGULATORY ENVIRONMENT
RENT SEEKING
RISK MANAGEMENT
SECURITIES
SECURITIES LAWS
SECURITIES MARKETS
SETTLEMENT
SHAREHOLDER VALUE
SHAREHOLDERS
SHAREHOLDINGS
SOCIAL COSTS
STOCK EXCHANGES
STOCK MARKET
STOCK MARKETS
STOCKS
SUPERVISORY FRAMEWORK
SUPPLIERS
TRADE CREDIT
TRADEOFFS
TRADERS
TRANSACTION COSTS
TRANSITION ECONOMIES
Berglöf, Erik
Claessens, Stijn
Enforcement and Corporate Governance
relation Policy Research Working Paper;No.3409
description Enforcement more than regulations, laws-on-the-books, or voluntary codes is key to effective corporate governance, at least in transition and developing countries. Corporate governance and enforcement mechanisms are intimately linked as they affect firms' ability to commit to their stakeholders, in particular to external investors. The authors provide a framework for understanding these links and how they are shaped by countries' institutional contexts. When the general enforcement environment is weak and specific enforcement mechanisms function poorly, as in many developing and transition countries, few of the traditional corporate governance mechanisms are effective. The principal consequence in these countries is a large block-holder, but there are important potential costs to this mechanism. A range of private and public enforcement "tools" can help reduce these costs and reinforce other supplementary corporate governance mechanisms. The limited empirical evidence suggests that private tools are more effective than public forms of enforcement in the typical environment of most developing and transition countries. However, public enforcement is necessary regardless, and private enforcement mechanisms often require public laws to function. Furthermore, in some countries at least, bottom-up, private-led tools preceded and even shaped public laws. Political economy constraints resulting from the intermingling of business and politics, however, often prevent improvements in the general enforcement environment, and adoption and implementation of public laws in these countries.
format Publications & Research :: Policy Research Working Paper
author Berglöf, Erik
Claessens, Stijn
author_facet Berglöf, Erik
Claessens, Stijn
author_sort Berglöf, Erik
title Enforcement and Corporate Governance
title_short Enforcement and Corporate Governance
title_full Enforcement and Corporate Governance
title_fullStr Enforcement and Corporate Governance
title_full_unstemmed Enforcement and Corporate Governance
title_sort enforcement and corporate governance
publisher World Bank, Washington, D.C.
publishDate 2013
url http://documents.worldbank.org/curated/en/2004/09/5163974/enforcement-corporate-governance
http://hdl.handle.net/10986/14242
_version_ 1764430687992020992