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www.sciedu.ca/ijba

International Journal of Business Administration

Vol. 4, No. 6; 2013

Good Practices in Corporate Governance: One-Size-Fits-All vs.
Comply-or-Explain
Miroslav Nedelchev1
1

Corporate Governance, International Business School, Chiprovtzi 7 – 1303 Sofia, Bulgaria

Correspondence: Miroslav Nedelchev, Associate Professor in Corporate Governance, International Business School,
Chiprovtzi 7 – 1303 Sofia, Bulgaria. Tel: 359-2-400-1620. E-mail: nedelchev.miroslav@acad.ibsedu.bg
Received: August 22, 2013 doi:10.5430/ijba.v4n6p75 Accepted: September 30, 2013

Online Published: November 8, 2013

URL: http://dx.doi.org/10.5430/ijba.v4n6p75

Abstract
There are many studies exploring the effects of hard and soft legislation on good practices. Few studies examine the strengths and weaknesses of particular legislation. These mainly focus on positive results of legislation and justify the application of existing approach for better practices.
The study compares the approaches of hard and soft legislation. It finds that both approaches are suitable for implementation despite of state policy. The analysis is developed by using the practices of several countries for latest
20 years.
This study explored national legislation and its effects on good practices in corporate governance. It revealed that there was no significant difference between state policy and approaches, and between legislation and corporate governance practices.
The objective of the study is to develop deeper insight into pros and cons adoptation of approaches. Comparative analysis shows that state policy determines the good practices. Moreover, the conclusion point out that there is a small freedom of action for companies to attract investors.
Keywords: good practices, corporate governance
1. Introduction
More and more frequently, researchers explain the roots of modern crisis and proposals for recovery. Policy makers search balance among competitive power of national economy and international



References: Ahern, D. (2010). Replacing 'Comply or Explain ' with Legally Binding Corporate Governance Codes: An Appropriate Regulatory Response? ECPR Standing Group on Regulatory Governance Biennial Conference Arcot, S., Bruno, V., & Grimaud, A. (2005). Corporate Governance in the UK: is the Comply-or-Explain Approach Working? LSE Discussion Paper Series No 001. Baker & McKenzie. (2012). Essential Elements of Corporate Compliance. Benea, A. (2012). Continuity and Change in Banking Corporate Governance. Linköpings Universitet. Börzel, T., Yasemin, P., & Stahn, A. (2008). The European Union and the Promotion of Good Governance in its Near Abroad Davies, M., & Schlitzer, B. (2008). The impracticality of an international „one size fits all” corporate governance code of best practice, Managerial Auditing Journal, 23(6), 532-544. Dittmeier, C. (2012). Corporate Governance: Not one size, but fit for all. ECIIA, 6 June. Eling, M., & Marek, S. (2009). Corporate Governance and Risk Taking: Evidence from European Insurance Markets. Ernst & Young. (2013). Time for bold action. Global banking outlook 2013–14. Eurobarometer. (2011). Local Authorities and the governance of the Single Market. European Commission. (2006). Corporate governance: European Forum clarifies 'comply or explain ' principle and issues annual report European Commission. (2011). Green Paper. The EU corporate governance framework. European Commission. (2013). Enhancing the EU corporate governance framework. European Parliament. (2011). European Parliament resolution of 11 May 2011 on corporate governance in financial institutions (2010/2303(INI)). Financial Reporting Council. (2010). The UK Corporate Governance Code. Financial Reporting Council. (2011). Effective Corporate Governance. Gibson-Smith, C. (2012). Comply or Explain. 20th Anniversary of the UK Corporate Governance Code. The Financial Reporting Council. Institute of Directors in Southern Africa. (2009). King Report on Governance for South Africa. Lucea, R., & Doh, J. (2012). International strategy for the nonmarket context: stakeholders, issues, networks, and geography MacNeil, I., & Li, X. (2006). “Comply or explain”: market discipline and non-compliance with the combined code. Moore, M. (2009). The End of ‘Comply or Explain’ in UK Corporate Governance? Northern Ireland Legal Quarterly, 60(1). Nedelchev, M. (2010). Corporate governance of financial groups (Comply-and-Explain). Letera, Plovdiv. OECD. (2010). Corporate governance and the financial crises. Steering group on Corporate Governance. Paris. OECD. (2011). The Role of Institutional Investors in Promoting Good Corporate Governance, Corporate Governance PricewaterhouseCoopers. (2012). Switzerland: Proposals affecting executive compensation. RiskMetrics Group. (2009). Study on Monitoring and Enforcement Practices in Corporate Governance in the Member States. Roberts, J., & Sanderson, P. (2009). Soft Regulation? Conforming with the Principle of 'Comply or Explain ': Full Research Report ESRC End of Award Report, RES-000-23-1501 Rose, P. (2010). Regulating risk by strengthening corporate governance. Public Law and Legal Theory Working Paper No Rosenau, J. (1997). Along the DomesticForeign Frontier: Exploring Governance in a Turbulent World. Cambridge University Press. Sanderson, P., Seidl, D., Roberts, J., & Krieger, B. (2010). Flexible or not? The comply-or-explain principle in UK and German corporate governance Seidl, D., & Sanderson, P. (2007). Comply or Explain: The Flexibility of Corporate Governance Codes in Theory & in Practice Seidl, D., & Sanderson, P. (2009). Applying ‘Comply-or-Explain’: Conformance with Codes of Corporate Governance in the UK and Germany Streeck, W. (2001). The Transformation of Corporate Organization in Europe: An Overview. Max Planck Institute for the Study of Societies Working Paper 01/8. Sun, W., & Stewart, D. (2011). Pollard. Corporate Governance and the Global Financial Crisis - International Perspectives Treanor, J. (2012). Corporate governance: does 'comply or explain ' have a future? The Guardian, Wednesday 15 February. United Nations Conference on Trade and Development. (2010). Corporate Governance in the Wake of the Financial Crisis Watson, S. (2012). The tension in corporate governance: Keeping tabs on company health. University of Auckland Business Review, 15(1), Autumn. Young, A. (2005). Corporate Governance and Compliance: Preventive Measure or Just Another Fad. Proceedings of Delivering Crime Prevention: Making the Evidence Work Zielonka, J. (2007). Plurilateral Governance in the Enlarged European Union. Journal of Common Market Studies, 45(1), 187–209.

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