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Corporate Governance Failures: Lessons From Recent Corporate Scandals




Adriel Alan Berty, Christ University


ABSTRACT


Corporate governance is the pillar of organizational accountability, transparency and ethical business practices. A series of high profile corporate scandals in both developed and emerging economies, over the past few years, have highlighted underlying weaknesses in the framework of governance, which has cast serious doubts on the effectiveness of the oversight mechanisms and regulatory systems. This paper evaluates these scandals in corporate governance critically by studying the high profile scandals and the structure-based and behavioural factors that led to the occurrence of these scandals.


The paper examines some of the major problems including absence of board independence, top management concentration, poor internal controls, poor audit practices and regulatory failures. It also examines how managerial opportunism, conflict of interest, and asymmetry of information allow financial misstatement, frauds and hiding liabilities. Through the comparative and analytical method, the paper finds recurrent trends in cases, such as financial disclosure manipulation, risk management system failure, and lapse of corporate ethics.


Secondly, the contribution of different stakeholders including boards of directors, auditors, institutional investors, regulators, and minority shareholders is also considered in order to know how governance failures are either promoted or not well managed. The paper also looks at the wider ramifications of these scandals on the integrity of the market, investor confidence and economic stability.


Based on these findings, the study highlights the necessity of enhancing corporate governance by increasing accountability of boards, improving regulatory implementation, enriching norms of transparency and disclosure, and institutionalizing the ethical corporate culture. It also highlights the need to have a strong whistleblower protection policies, independent and watchful auditing policies, and increased stakeholder involvement.


Finally, this paper will add to the dynamic discussion of corporate governance, providing feasible suggestions and policy-driven solutions that will help avoid the occurrence of corporate misconduct in the future and restore trust in corporate institutions.


Keywords: Corporate Governance, Ethical Business Practices, Information Asymmetry, Concealment of Liabilities, Corporate Fraud



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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