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Tort law liability of directors and officers towards third party creditors : a comparative study of common and civil law with special focus on Canada and GermanySchlag, Jenny Melanie January 2003 (has links)
Where individuals standing outside of the corporation have been harmed by the acts of one of its directors or officers, the question becomes whether they have only a claim against the corporation or whether they may have also a personal claim against the executive inflicting the harm on them. / The issue of how far it should be possible to hold directors and officers personally liable for tort has been a contested one and even courts within one and the same jurisdiction provide different solutions. On the one hand, there is the general basic principle that individuals causing harm to others should be held responsible. On the other hand, the fact that directors and officers act as agents on behalf of the corporation might call for an exception to this basic tort law principle. / This thesis will compare the solutions proposed by Common law (with focus on the law of Ontario) and German law as an example of a Civil law jurisdiction. An attempt will be made to see in how far the proposed solutions are consistent with legal principles like the separate legal entity of the corporation and the concept of limited liability as well as with arguments related to economic efficiency.
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An application of Data Envelopment Analysis to benchmark CEO remuneration / Marli Theunissen.Theunissen, Marli January 2012 (has links)
The purpose of this study is to determine whether the Data Envelopment Analysis (DEA) can be applied to Chief Executive Officer (CEO) remuneration of companies listed on the Johannesburg Stock Exchange (JSE) by defining inputs in terms of remuneration factors and outputs in terms of business factors in order to establish a benchmark for CEO remuneration.
An exploratory study is conducted, using cross-sectional data from a secondary source. The sample consists of 221 companies listed on the JSE that disclosed their financial and non-financial information during 2010. The DEA was performed to estimate the relative technical efficiency of CEOs to convert their remuneration into company performance indicators. Base Pay, Perquisites and Pension, Annual Bonus Plans and Long-term Incentives were used as the inputs to the DEA model and company performance and size, measured by Return on Equity (ROE) and Total Assets respectively, were used as the outputs to the model.
The empirical results prove that the DEA can be successfully applied as a benchmarking model for CEO remuneration that incorporates multiple inputs and outputs and establishes benchmarks and potential improvements for overpaid, inefficient CEOs. The CEOs from 80 of the 221 companies included in the sample emerged as the benchmark CEOs and formed the efficiency frontier against which inefficient CEOs were compared in order to determine the potential improvements for these CEOs.
From a research perspective, this study contributes to the advancement of CEO remuneration research by introducing an alternative model by which CEO remuneration can be analysed. Future studies can analyse CEO remuneration by using other variables or time series data in the DEA model or combine the DEA with other methods like the regression analysis to perform more comprehensive investigations.
From a practical perspective, the DEA can be used to establish a benchmark for CEO remuneration. Remuneration committees can use the results of the DEA as a guide to determine acceptable remuneration levels and decrease the pay gap between CEOs and the average worker.
The originality of this study lies in the fact that it is the first South African study that used the DEA instead of the regression analysis to analyse CEO remuneration of companies listed on the JSE. This study also disaggregated Total CEO Remuneration into Base Pay, Perquisites and Pension, Annual Bonus Plans and Long-term Incentives to provide more accurate benchmark information. In addition, this is the first study that established benchmark CEO remuneration levels and suggested improvements to the remuneration package structure of overpaid, under-performing CEOs of companies listed on the JSE. / Thesis (MCom (Management Accountancy))--North-West University, Potchefstroom Campus, 2013.
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An application of Data Envelopment Analysis to benchmark CEO remuneration / Marli Theunissen.Theunissen, Marli January 2012 (has links)
The purpose of this study is to determine whether the Data Envelopment Analysis (DEA) can be applied to Chief Executive Officer (CEO) remuneration of companies listed on the Johannesburg Stock Exchange (JSE) by defining inputs in terms of remuneration factors and outputs in terms of business factors in order to establish a benchmark for CEO remuneration.
An exploratory study is conducted, using cross-sectional data from a secondary source. The sample consists of 221 companies listed on the JSE that disclosed their financial and non-financial information during 2010. The DEA was performed to estimate the relative technical efficiency of CEOs to convert their remuneration into company performance indicators. Base Pay, Perquisites and Pension, Annual Bonus Plans and Long-term Incentives were used as the inputs to the DEA model and company performance and size, measured by Return on Equity (ROE) and Total Assets respectively, were used as the outputs to the model.
The empirical results prove that the DEA can be successfully applied as a benchmarking model for CEO remuneration that incorporates multiple inputs and outputs and establishes benchmarks and potential improvements for overpaid, inefficient CEOs. The CEOs from 80 of the 221 companies included in the sample emerged as the benchmark CEOs and formed the efficiency frontier against which inefficient CEOs were compared in order to determine the potential improvements for these CEOs.
From a research perspective, this study contributes to the advancement of CEO remuneration research by introducing an alternative model by which CEO remuneration can be analysed. Future studies can analyse CEO remuneration by using other variables or time series data in the DEA model or combine the DEA with other methods like the regression analysis to perform more comprehensive investigations.
From a practical perspective, the DEA can be used to establish a benchmark for CEO remuneration. Remuneration committees can use the results of the DEA as a guide to determine acceptable remuneration levels and decrease the pay gap between CEOs and the average worker.
The originality of this study lies in the fact that it is the first South African study that used the DEA instead of the regression analysis to analyse CEO remuneration of companies listed on the JSE. This study also disaggregated Total CEO Remuneration into Base Pay, Perquisites and Pension, Annual Bonus Plans and Long-term Incentives to provide more accurate benchmark information. In addition, this is the first study that established benchmark CEO remuneration levels and suggested improvements to the remuneration package structure of overpaid, under-performing CEOs of companies listed on the JSE. / Thesis (MCom (Management Accountancy))--North-West University, Potchefstroom Campus, 2013.
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Essays on executive compensationXie, Fei. January 2005 (has links)
Thesis (Ph. D. in Management)--Vanderbilt University, Dec. 2005. / Title from title screen. Includes bibliographical references.
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Chief executive officer compensation and the effect on company performance in a South African contextBradley, Samuel January 2012 (has links)
The goal of this research was to determine, in a South African context, whether there is any correlation between chief executive officer compensation and the performance of the company. For the purposes of the research , the compensation of chief executive officers was broken down into three components: salary, bonus and "other" remuneration, while company performance was measured on return on equity, return on assets and earnings per share figures. Studies on this topic have been carried out in other countries, most notably in the United States of America and the United Kingdom. It appears that no research of a similar nature has been carried out in South Africa. Data in respect of the forty largest listed companies in South Africa were collected over a period of five years. The econometric models used for the research were based on models identified in the literature study. The data were then analysed for evidence of a correlation between chief executive officer compensation and the performance of the company. The results of this study indicate that there is no linear relationship between chief executive officer compensation and company performance variables. The econometric models did, however, show correlations between certain variables, taking into account the other predictor variables in the model. Evidence of correlations between age and experience and compensation was also found , which may present potential avenues of research to scholars in the future.
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CEO pay-performance sensitivity in South African financial services companiesShaw, Paul Anthony 04 August 2012 (has links)
Orientation: CEO remuneration has attracted attention over the past two decades, with significant renewed interest in light of the role it is said to have played in contributing to the global financial crisis. At the heart of the issue is the perceived weak relationship between corporate performance and CEO remuneration.Research purpose: The purpose of this study was to describe the relationship between corporate performance and CEO remuneration within the South African financial services industry.Motivation for the study: The motivation for the study was to develop a deeper understanding of the relationship within the South African context, as South African banks have remained stable and profitable through the financial crisis.Research design approach and method: The research was a quantitative, archival study, conducted over a six year time period. The primary statistical techniques used in the study included: bivariate regression analysis, multiple regression analysis, and analysis of variance.Main findings/results: The primary finding was that the relationship between corporate performance and CEO remuneration is favourable (moderate to strong), but has experienced a decline. This finding emphasises the impact that macroeconomic trends have on the relationship and the role of managerial power during periods of economic uncertainty.The research further describes the structural changes in CEO remuneration with a shift away from variable pay.Practical managerial implications: The results suggest that the use of discretion and the growing impact of managerial power will be key challenges that iii remuneration committees will face in maintaining a favourable relationship between the two constructs in the future.Contribution/value add: The study provides context to CEO remuneration within a South African framework. It further provides provides a key insight that the relationship between corporate performance and CEO pay is highly dependent on the macroeconomic environment, and that CEO pay in the South African financial services is experiencing structural changes. / Dissertation (MBA)--University of Pretoria, 2012. / Gordon Institute of Business Science (GIBS) / unrestricted
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Do “Superstar” CEOs Impair Auditors’ Independence and Professional Skepticism?Unknown Date (has links)
The study examines the potential threat to an auditor’s independence in fact which
may result from the extraordinarily favorable personal reputation (superstar status) of an
audit client’s CEO This potential threat to an auditors’ independence is the result of a
halo effect bias which can distort an individual’s judgment and behavior Accounting
firms use a business risk audit approach which involves conducting a strategic risk
assessment which assesses the overall threats to the business model of an audit client
Prior research has demonstrated that the strategic risk assessment can bias the judgment
of auditors pertaining to financial account level risk assessments For example, the Bernie
Madoff Ponzi scheme demonstrated how an extraordinarily well respected individual
with superstar status can distort the judgment of knowledgeable and normally skeptical
individuals An experiment was conducted to examine the potential threat of a superstar
CEO on an auditor’s independence as demonstrated by the ability to distort the judgment of the auditor during the performance of the strategic risk assessment In addition, the
experiment was designed to examine whether the halo cognitive bias can lessen the
impact that an auditor’s professional skepticism has on his or her judgment and behavior
during the audit of a client’s financial statement Unlike other studies which have sought
only to demonstrate that a cognitive bias exist which impairs auditor judgment; the study
also examined whether the influence of a halo effect bias can be mitigated by the formal
rating of audit evidence in a similar manner that was used by Embu and Finley (1977) to
successfully mitigate a framing effect
The experiment did not support the main hypothesis of the study that auditors
assess the strategic risk at a lower risk level for firms that employ a superstar CEO than
for those whom employ a non-superstar CEO This result may primarily be due to the
inability of the scenario used in the experiment to sufficiently differentiate the
characteristics of the superstar and non-superstar CEO Without establishing that the
participants’ judgment was being distorted by a superstar CEO; the other hypotheses
which involved testing a debiasing method to mitigate the halo effect caused by a
superstar CEO and investigating whether a halo effect reduces the impact that auditors’
trait skepticism level has on their judgment could not be properly tested / Includes bibliography / Dissertation (PhD)--Florida Atlantic University, 2016 / FAU Electronic Theses and Dissertations Collection
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The financial performance of listed companies : does CEO tenure have an impact?Pillay, Magesh 18 June 2011 (has links)
It is widely held that CEOs are central to the successful financial performance of companies. Yet, little attention has been given to the correlation between CEO tenure and financial performance of companies specifically. The purpose of this study was to determine whether CEO tenure has an impact on financial performance of companies in South Africa. The financial performance variables for the study were ROA and ROE. The performance of 30 JSE listed companies from three industries, namely, mining, retail and real estate, between 1995 to 2007 was examined. This gave a total of 62 data observations across the selected three tenure categories: short tenure (one to three years); medium tenure (four to five years); and long tenure (six or more years). The results showed that the average tenure for South African CEOs was four years; this was slightly lower than the findings of previous studies conducted in the USA. Medium and long tenure showed better financial performance for ROA than short tenure, while there was no statistically significant finding for ROE. Therefore from an ROA point of view, as tenure increases so does financial performance, until a certain point at which it is anticipated that lengthy tenure will lead to a decline in financial performance. / Dissertation (MBA)--University of Pretoria, 2010. / Gordon Institute of Business Science (GIBS) / unrestricted
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Gender diversity and corporate sustainability disclosures in Swedish listed companies : A quantitative study examining female representation on boards and in the CEO role and their effects on corporate sustainability disclosuresAl-Ramahi, Fatima, Alkhatib, Ehsan January 2021 (has links)
This study investigates the relationship between female representation, women as chief executive officers, and corporate sustainability disclosures in Swedish listed companies. The used data was collected from the Swedish listed companies in Nasdaq Stockholm for the period 2017-2020. The specific research period is due to the new amendments of the Swedish Annual Accounts Act (Årsredovisningslagen) which came into force 2017. To investigate the effect female representation, and women as chief executive officers have on the legally issued corporate sustainability disclosures, this study applies content analysis and quantitative methods. By estimating multiple regression models, the results revealed a non-significant relationship of female representation on the board of directors and of women as chief executive officers, on the quality of corporate sustainability disclosures. For the critical mass of at least three women, a non-significant impact is detected. Lastly, an additional test for reversed causality has been conducted, however no significant relationship was documented.
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The Chief Executive Officer of Charter Management Organizations and their Perspective on Instructional Leadership to Improve Student AchievementGeigle, Bryce Alan 01 January 2019 (has links)
The purpose of the study is to investigate the relationship between academic emphasis and executive leadership from the perspective of a California charter management organization (CMO) chief executive officer (CEO). Executive leaders in California CMOs have a unique perspective that needs investigated. They experience educational leadership differently depending upon their individual backgrounds, educational experiences, and the families they serve. This study seeks to understand the experiences of a specific group of executive leaders and how they define academic emphasis in their CMO. The theoretical framework used to interpret the research findings was instructional leadership. The framework effectively built a lens for the reader to conceptualize the research of this study. The theoretical framework worked to guide and frame interpretation of respondent data. The research served to inform the research questions, not answer them explicitly. The research used a qualitative case study design approach focused on the story of the lived experience from the individual. The design aspired to interpret meanings and experiences from responses to uncover deep and detailed understanding. A CMO CEO responded to semi-structured interview questions. The interview protocol consisted of various question types: open-ended questions, follow-up questions, and classification questions. As transformational and educational leadership collide in Dr. Viviane Robinson’s current instructional leadership framework, the capability that is not explicitly presented is the ability for school leaders to build capacity for equity consciousness in all teammates in their organization and/or school. The findings from this study suggested that a fourth leadership capability is emerging in Dr. Robinson’s framework. There is a critical need for organization and school leaders to be equipped with the skills to seed an equity consciousness across teammates and other stakeholders.
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