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Company Law Compliance and Enforcement

Company Law Compliance and Enforcement PDF Author: Nessa Cahill
Publisher: Bloomsbury Professional
ISBN: 9781845921057
Category : Law
Languages : en
Pages : 1101

Book Description
As a key new company law title, this book addresses specifically the law of corporate enforcement in Ireland, including the Corporate Enforcement Act 2001 and the powers of the Office of the Director of Corporate Enforcement. Other important Irish legal developments, such as recent corporate and accounting fraud scandals, are also thoroughly explored in this accessible and comprehensive book.

Company Law Compliance and Enforcement

Company Law Compliance and Enforcement PDF Author: Nessa Cahill
Publisher: Bloomsbury Professional
ISBN: 9781845921057
Category : Law
Languages : en
Pages : 1101

Book Description
As a key new company law title, this book addresses specifically the law of corporate enforcement in Ireland, including the Corporate Enforcement Act 2001 and the powers of the Office of the Director of Corporate Enforcement. Other important Irish legal developments, such as recent corporate and accounting fraud scandals, are also thoroughly explored in this accessible and comprehensive book.

SEC Compliance and Enforcement Answer Book

SEC Compliance and Enforcement Answer Book PDF Author: David M. Stuart
Publisher:
ISBN: 9781402436062
Category : Corporate governance
Languages : en
Pages :

Book Description


Corporate Compliance

Corporate Compliance PDF Author: Sharon Oded
Publisher: Edward Elgar Publishing
ISBN: 1781954755
Category : Law
Languages : en
Pages : 337

Book Description
How to induce corporate compliance with regulations? Harsh punishments will cause companies to disguise violations, and mild punishments will cause companies to report their violations and make weak efforts to avoid them. In this book, Sharon Oded canvasses the history of thinking about corporate compliance, and he proposes his own candidate for the best law. This is a sophisticated account of legal incentives that will repay any reader interested in corporate compliance. Robert Cooter, University of California, Berkeley, US The effective control of corporate misconduct is a vital but elusive task for regulators, given the complexity of organization structures and the need to find the right balance between deterrent- and cooperative-based enforcement policies. In this powerful and comprehensive study, Sharon Oded argues for combining different approaches and boldly advocates, in particular, the use of third-party independent corporate monitoring firms to implement self-policing strategies. This will be essential reading for those involved in the theory or practice of regulatory corporate enforcement. Anthony Ogus, University of Manchester, UK and University of Rotterdam, The Netherlands This book considers how a regulatory enforcement policy should be designed to efficiently induce proactive corporate compliance. It first explores two major schools of thought regarding law enforcement, both the deterrence and cooperative approaches, and shows that neither of these represents an optimal regulatory enforcement paradigm from a social welfare perspective. It provides a critical analysis of recent developments in US Federal corporate liability regimes, and proposes a generic framework that better tailors sanction schemes and monitoring systems to regulatee performance. The proposed framework efficiently induces corporate proactive compliance, while maintaining an optimal level of deterrence. This insightful book will appeal to academics in law and economics, behavioral economics, criminology, and business, as well as to practitioners and policymakers.

Corporate Legal Compliance Handbook, 3rd Edition

Corporate Legal Compliance Handbook, 3rd Edition PDF Author: Banks and Banks
Publisher: Wolters Kluwer
ISBN: 1543823718
Category :
Languages : en
Pages : 1886

Book Description
Corporate Legal Compliance Handbook, Third Edition, provides the knowledge necessary to implement or enhance a compliance program in a specific company, or in a client's company. The book focuses not only on doing what is legal or what is right--the two are both important but not always the same--but also on how to make a compliance program actually work. The book is organized in a sequence that follows how to approach a compliance program. It gives the compliance officer, consultant, or attorney a good grounding in the basics of compliance law. This includes such things as the rules about corporate and individual liability, an understanding of the basics of the key laws that impact companies, and the workings of the U.S. Sentencing Guidelines. Successful programs also require an understanding of educational techniques, good communication skills, and the use of computer tools. The effective compliance program also takes into account how to deliver messages using a variety of media to reach employees in different locations, of different ages or education, who speak different languages. Note: Online subscriptions are for three-month periods.

Law and Corporate Behaviour

Law and Corporate Behaviour PDF Author: Christopher Hodges
Publisher: Bloomsbury Publishing
ISBN: 1782255834
Category : Law
Languages : en
Pages : 803

Book Description
This book examines the theories and practice of how to control corporate behaviour through legal techniques. The principal theories examined are deterrence, economic rational acting, responsive regulation, and the findings of behavioural psychology. Leading examples of the various approaches are given in order to illustrate the models: private enforcement of law through litigation in the USA, public enforcement of competition law by the European Commission, and the recent reform of policies on public enforcement of regulatory law in the United Kingdom. Noting that behavioural psychology has as yet had only limited application in legal and regulatory theory, the book then analyses various European regulatory structures where behavioural techniques can be seen or could be applied. Sectors examined include financial services, civil aviation, pharmaceuticals, and workplace health & safety. Key findings are that 'enforcement' has to focus on identifying the causes of non-compliance, so as to be able to support improved performance, rather than be based on fear motivating complete compliance. Systems in which reporting is essential for safety only function with a no-blame culture. The book concludes by proposing an holistic model for maximising compliance within large organisations, combining public regulatory and criminal controls with internal corporate systems and external influences by stakeholders, held together by a unified core of ethical principles. Hence, the book proposes a new theory of ethical regulation.

Research Handbook on Corporate Crime and Financial Misdealing

Research Handbook on Corporate Crime and Financial Misdealing PDF Author: Jennifer Arlen
Publisher: Edward Elgar Publishing
ISBN: 1783474475
Category :
Languages : en
Pages : 392

Book Description
Jennifer Arlen brings together 13 original chapters by leading scholars that examine how to deter corporate misconduct through public enforcement and private interventions. Scholars from a variety of disciplines present both theoretical and empirical analyses of organizational and individual liability for corporate crime, liability for foreign corruption, securities fraud enforcement, compliance, corporate investigations, and whistleblowing. This Research Handbook also highlights promising avenues for future research.

The Law of Private Companies

The Law of Private Companies PDF Author: Thomas B. Courtney
Publisher:
ISBN: 9781854752659
Category : Corporation law
Languages : en
Pages : 1721

Book Description
The second edition of this text gives in-depth coverage of all the important developments in company law since 1994, including the Company Law Enforcement Act 2001. The work has been expanded and revised, with many chapters added and existing chapters enlarged. In particular, the new chapter on company law compliance and enforcement looks at the office of Director of Corporate Enforcement, criminal offences, arrestable offences, the restriction of directions and the right to strike off companies. A separate chapter, statutory regulation of transactions involving directors, explores the effects of the Company Law Enforcement Act 2001 which amends Part III of the Companies Act 1990. A new chapter on groups of companies gives a full examination of the definition of subsidiary and holding company. Other new or substantially expanded chapters include corporate civil litigation, company meetings and schemes of arrangement. All relevant Irish, English and Commonwealth case law is fully assimilated and examined. The book is designed as a reference for all company law practitioners, students and business advisors.

The Foreign Corrupt Practices Act

The Foreign Corrupt Practices Act PDF Author: Robert Meyer
Publisher:
ISBN: 9781588523334
Category :
Languages : en
Pages :

Book Description
Passed in the wake of the Watergate Scandal and enforced only sporadically for two decades, the Foreign Corrupt Practices Act has emerged as a potent and feared law enforcement tool. In recent years, U.S. authorities have zealously enforced the FCPA, seeking historically high fines for corporations and significant jail time for executives.The Foreign Corrupt Practices Act: Compliance, Investigations and Enforcement book covers all aspects of the FCPA. It methodically explains its stringent accounting and recordkeeping requirements, the practices for which corporations and individual officers and directors can be held civilly and criminally responsible, essential steps for compliance and mitigation of penalties, and other vital subjects.Identify the Red Flags of Foreign Corrupt Practices RiskWhen will American companies and their officers and directors be held responsible for the practices of non-U.S. subsidiaries? What constitutes "knowledge" and "corrupt intent"? How do the internal controls needed for compliance with the FCPA differ from those needed for compliance with other acts, such as Sarbanes-Oxley? This important new book answers these questions and many others.Topics include:When the antibribery provisions apply, and the exceptions and affirmative defensesBook- and recording-keeping procedures and internal controls required by the FCPA accounting provisionsApplicability of the FCPA to persons outside the United StatesCivil and criminal liability of individualsKey elements the DoJ and other regulators look for in evaluating an organization's compliance programPassed in the wake of the Watergate Scandal and enforced only sporadically for two decades, the Foreign Corrupt Practices Act has emerged as a potent and feared law enforcement tool. In recent years, U.S. authorities have zealously enforced the FCPA, seeking historically high fines for corporations and significant jail time for executives.The Foreign Corrupt Practices Act: Compliance, Investigations and Enforcement book covers all aspects of the FCPA. It methodically explains its stringent accounting and recordkeeping requirements, the practices for which corporations and individual officers and directors can be held civilly and criminally responsible, essential steps for compliance and mitigation of penalties, and other vital subjects.Identify the Red Flags of Foreign Corrupt Practices RiskWhen will American companies and their officers and directors be held responsible for the practices of non-U.S. subsidiaries? What constitutes "knowledge" and "corrupt intent"? How do the internal controls needed for compliance with the FCPA differ from those needed for compliance with other acts, such as Sarbanes-Oxley? This important new book answers these questions and many others.Topics include:When the antibribery provisions apply, and the exceptions and affirmative defensesBook- and recording-keeping procedures and internal controls required by the FCPA accounting provisionsApplicability of the FCPA to persons outside the United StatesCivil and criminal liability of individualsKey elements the DoJ and other regulators look for in evaluating an organization's compliance programDue diligence, training, and contractual safeguards to minimize liability for improper acts by local representativesDoJ's FCPA Opinion Procedure and the pros and cons of seeking an opinionLiability for the pre- or post-acquisition conduct of an acquisition or investment targetConducting effective FCPA internal investigations and how to disclose the findingsMulti-jurisdictional investigations, including gathering...

SEC Compliance and Enforcement Answer Book 2015

SEC Compliance and Enforcement Answer Book 2015 PDF Author: David M. Stuart
Publisher:
ISBN: 9781402424717
Category : Corporation law
Languages : en
Pages : 0

Book Description
SEC Compliance and Enforcement Answer Book 2015 answers hundreds of real-world questions related to the nuances of unique SEC Enforcement procedure, and provides sophisticated insight on the complex and extensive body of federal securities laws. Edited by David M. Stuart (Cravath, Swaine and Moore LLP), this expert Q&A guide compiles the perspectives of leading practitioners from around the country who have previously served in the SEC Enforcement Division, many of whom were in some of the most senior positions in the Division. Leveraging the authors' experience and expertise, SEC Compliance and Enforcement Answer Book 2015 provides nuts and bolts guidance on: - Conducting an effective internal investigation - while the SEC is simultaneously investigating - Responding to SEC requests and subpoenas for documents, interviews, and testimony - Cooperating effectively with SEC staff - The Wells process, negotiating resolutions, and litigating with the SEC - The complexities that arise when criminal and international law enforcement authorities becomes involved in an SEC investigation Additionally, SEC Compliance and Enforcement Answer Book 2015 answers questions on insider trading, accounting and securities fraud, market manipulation and foreign corruption. The Q&A guide also tackles special issues related to investigations of attorneys, accountants, and those identified by whistleblowers.

Responsive Regulation

Responsive Regulation PDF Author: Ian Ayres
Publisher: Oxford University Press
ISBN: 0199879958
Category : Law
Languages : en
Pages : 216

Book Description
This book transcends current debate on government regulation by lucidly outlining how regulations can be a fruitful combination of persuasion and sanctions. The regulation of business by the United States government is often ineffective despite being more adversarial in tone than in other nations. The authors draw on both empirical studies of regulation from around the world and modern game theory to illustrate innovative solutions to this problem. Their ideas include an argument for the empowerment of private and public interest groups in the regulatory process and a provocative discussion of how the government can support and encourage industry self-regulation.