Skip to main content

Institutional Background

  • Chapter
  • First Online:
  • 898 Accesses

Part of the book series: Contributions to Management Science ((MANAGEMENT SC.))

Abstract

This chapter puts the various aspects of corporate governance, risk management, and compliance identified before in context with the reality of banking regulation and reporting, particularly in Brazil and Germany. Properly working legal and judicial systems are crucial for both, corporate governance and financial markets development. Generally, the ease of contracting has been referred to above with relation to the Rule of Law, equally property rights—including shareholder rights—, the enforceability of legal rights within an acceptable timeframe, and the absence of corruption. With regards to corporate governance, specific rules aiming at increasing transparency, such as disclosure obligations, are important. Those are difficult to quantify and cannot be compared easily, as they are of a rather qualitative character. Nonetheless, even a more abstract comparison can yield significant differences between countries.

Changing the law on the books does not guarantee corporate governance improvement (Licht et al. 2005:230)

This is a preview of subscription content, log in via an institution.

Buying options

Chapter
USD   29.95
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
eBook
USD   99.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book
USD   129.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book
USD   179.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Purchases are for personal use only

Learn about institutional subscriptions

Notes

  1. 1.

    “[T]he failure of Basel II to address the issue of systemic risk and the role of particular classes of asset price inflation associated with such risk means that the opportunity to push these benefits further has been missed.” (Docherty 2008:104)

  2. 2.

    http://www.globallegalinsights.com/practice-areas/banking-and-finance/banking-regulation-1st-ed/brazil

  3. 3.

    https://www.globalreporting.org/Pages/default.aspx

  4. 4.

    For details on poison pills, please refer to Monks (2004:200 ff.).

  5. 5.

    On corporate governance in Portugal, cfr. Pinto (2013); Esperança et al. (2011:141 ff.).

  6. 6.

    http://ec.europa.eu/internal_market/company/docs/modern/com2011-164_en.pdf

  7. 7.

    http://www.bmfbovespa.com.br/en-us/international-investors/regulation-in-brazil/regulation-in-brazil.aspx?idioma=en-us

  8. 8.

    English translation published on 15/08/2014:

  9. 9.

    http://www.bafin.de/SharedDocs/Downloads/EN/Rundschreiben/dl_rs_1210_ba_marisk.pdf?__ blob=publicationFile

  10. 10.

    Compare Commerzbank’s mobile/online banking record under 3.5.1.

  11. 11.

    As to be filed with the US Securities and Exchange Commission pursuant to section 13 or 15(d) of the Securiteis Exchange Act of 1934.

  12. 12.

    In this context, Pedro Malan, a former finance minister has been quoted as saying that “In Brazil, even the past is unpredictable”. (The Economist, February 8th, 2014:61)

  13. 13.

    Compare Itaú’s facebook-record under 3.4.5.

  14. 14.

    The US Banking Act of 1933—also known as Glass-Steagall Act—limited commercial bank activities, also by restrictions on affiliations between commercial banks and securities firms. These restrictions were repealed in 1999 by the Gramm-Leach-Bliley Act which was later blamed for contributing to the 2007–2009 financial crisis, while others argued that the ability of commercial banks to acquire securities firms as well as the latter’s ability to convert into bank holding companies helped mitigate the crisis.

Bibliography

Download references

Author information

Authors and Affiliations

Authors

Rights and permissions

Reprints and permissions

Copyright information

© 2018 Springer International Publishing AG, part of Springer Nature

About this chapter

Check for updates. Verify currency and authenticity via CrossMark

Cite this chapter

Gericke, R.C. (2018). Institutional Background. In: Corporate Governance and Risk Management in Financial Institutions. Contributions to Management Science. Springer, Cham. https://doi.org/10.1007/978-3-319-67311-0_3

Download citation

Publish with us

Policies and ethics