Page 77 - SBL Integrated Workbook STUDENT 2018
P. 77

Approaches to governance





                           Corporate governance approaches





               1.1  Rules and principles based approaches to corporate governance




                                                 Approaches to
                                            corporate governance










                        Rules – based                                       Principles – based
                           (e.g. USA)                                               (e.g. UK)




                    A rules-based approach instils the code into law with appropriate penalties for
                     transgression


                    A principles-based approach requires the company to adhere to the spirit rather
                     than the letter of the code. The company must either comply with the code or
                     explain why it has not through reports to the appropriate body and its
                     shareholders.


               1.2  Choice of governance regime

               The decision as to which approach to use for a country can be governed by many
               factors:

                    dominant ownership structure (bank, family or multiple shareholder)

                    legal system and its power/ability


                    government structure and policies

                    state of the economy

                    culture and history

                    levels of capital inflow or investment coming into the country

                    global economic and political climate.


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