Historically attention was paid to the subject following the collapse of Savings and Loan companies in USA in the mid 1980’s and the SEC of USA taking a tough stand on the same. It is ironical that once again it was the US which brought in Sarbanes Oxley Act and along with it very stringent measures of Corporate Governance. In passing, we may add that there is no corresponding legislation in India. Later, Adrian Cadbury report was an important milestone, which spelt out 19 best practices called the “Code of Best Practices”, which the companies listed on the London Stock Exchange, began to comply with. Some of those guidelines applicable to the Directors, Non-executive Directors, Executive Directors, and others responsible for reporting and control are as follows; Relating to the Directors the recommendations are: The Board should meet regularly, retain full and effective control over the company and Continue reading
Business Ethics
Historical Perspective of Corporate Governance
The seeds of modern corporate governance were probably sown by the Watergate scandal in the United States. The global movement for better corporate governance progressed in fits and starts from the mid-1980s up to 1997. There were the odd country-level initiatives such as the Cadbury Committee Report in the United Kingdom (1992) or the recommendations of the National Association of Corporate Directors of the US (1995). It would be fair to say, however, that such initiatives were few and far between. And while there were the occasional international conferences on the desirability of good corporate governance, most companies — both global and Indian knew little of what the phrase meant, and cared even less for its implications. More recently, the first major stimulus for corporate governance reforms came after the South-East and East Asian crisis of 1997-98. This was no classical Latin American debt Continue reading
Digital Technology and Personal Privacy
Privacy includes several contexts for individuals. There are three aspects of individual expectations to define the term “privacy”. The first aspect is the expectation of anonymity, which was defined as “The Right to Be Let Alone”. Individuals would expect an environment where no one can access their personal information in no matter physical or digital world. Another one is the expectation of control over information. Individuals would expect that professionals and companies would only collect the customers’ information for the purpose of providing services and they would not use or disclose the information for other commercial purposes. And the third expectation is about the confidentiality of personal documents, including e-mails and medical records. Individuals would expect that they could feel free to conduct online or offline activities without others disruptions. However, these expectations are being challenged by the digital technologies, which keep collecting personal information in our daily lives. This Continue reading
Ethical Conflicts in Business
The dilemma of ethical decision making in business settings arises out of the tensions or conflicts between what is good for individuals, organizations, and society. These conflicts manifest themselves in rules that govern organizational behavior and in concrete decision situations. Individual versus organizational conflicts are apparent when personal values of employees conflict with the requirements organizational tasks. For example, a junior accountant’s audit opinion may be based on ethical grounds. It may be rejected by his or her superiors who do not want to relinquish the business of the client by giving a negative opinion. A salesperson may consider the company policy of giving large discounts or personal gifts to selected customers to attract their business unfair and unethical. A marketing executive may object to company advertisements on the grounds that they are not truthful. Conflicts between organizational and societal interests arise when corpo rations consume public goods without paying Continue reading
Case Study on Business Ethics: Napster Copyright Infringement Case
Duplicating software for friends, co-workers or even for business has become a widespread practice. All software programs are protected by copyright laws and duplicating them is an offense. How, then, has making illegal copies become such a common and accepted practice in people’s homes and places of work? Part of the answer revolves around the issue that software isn’t like some other intellectual property. Intellectual property is that which is developed by someone and is attributable directly to the thinking process. Software is different from a book in that anyone can easily copy it-and an exact replication is achievable. Another reason is related to cultural differences. People don’t see copy as stealing. People don’t find anything wrong in making a video copy of a hit feature film and selling it or hiring out. People defend their behavior by saying: ‘Everybody does it! I won’t get caught! Or no one really Continue reading
An Overview of the Sarbanes-Oxley Act of 2002
About Sarbanes-Oxley Act The Sarbanes—Oxley Act of 2002 was passed on July 30, 2002 and only the public companies are now feeling its impact. This act frequently called the “most significant accounting or auditing legislation since the securities exchange Act of 1934”. After the implementation it has established its demands to the companies for proper management and disclosure of risk. There have been found a number of corporate financial scandals (e.g. Enron Accounting Scandal) that provides various type of weakness in the governance and auditing practice in the organization. It represents the failures in controlling the reliability and integrity to the stock markets. The scandals cost billions of dollars for the investors when the affected companies were collapsed. As a result, these scandals make upset the public confidence in the nation’s security markets. The Sarbanes—Oxley Act was passed in positive response by the American congress on July 30, 2002 in Continue reading