Hony. Editor
Dr. Bindi Mehta
(Director, Research at ICSI - CCRT, Formerly, Chief economist, CRISIL)



 
 
International News - Jan, 2003
Hong Kong Exchange unveils toned-down criteria for delisting

European Commission advisers, seeking to prevent corporate scandals, have recommended making board members legally responsible for firms financial statements and further disclosure of executive pay packages. In their report conclusions, a panel of company law experts led by Dutchman Jaap Winter also called for strong measures to restrict the use of complex corporate ownership systems, known as pyramid structures, which is likely to affect France and Italy.

The report is part of European Union's response to US corporate accounting scandals, such as those that brought down energy trader Enron and telecom group WorldCom. The experts also called for a strengthening of the role of independent directors on key corporate committees such as the remuneration and the audit committee and said shareholders in future should approve directors' share and stock option schemes. The 15 member European Union (EU) is split over the need for a unified code due to its different legislative traditions.


 
Insider trading scandals hit Japan’s ailing finance sector

Japan’s already weak financial sector has been further undermined by a dose of scandal after Daiwa Securities SMBC, the investment bank, unveiled insider trading allegations and Nippon Shinpan, the consumer finance company was linked to organised crime.

With Japan’s largest banks struggling under a new plan to deal with their non-performing loans, the allegations are a damaging reminder of gangland connections and insider dealing linked to the industry many times in the past. One of its former managers is suspected of having engaged in insider stock trading. At Nippon Shinpan, eight senior executives have been arrested on suspicious of giving cash to a corporate racketeer in order to ensure he did not disturb the company’s annual general meeting.







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Embattled SEC Chief Pitt quits

The search begins for a new head of the US Securities and Exchange Commission (SEC) after chairman Harvey Pitt resigned amid turmoil inside his agency and a chorus of demands in Congress for his ouster.

The appointment of Webster last month as chief of the new Public Company Accounting Oversight Board, with Harvey Pitt’s strong support, precipitated the crisis that led to the SEC chairman’s stunning move to step down on the Election Day. Webster reportedly has said he would consider resigning, depending on the outcomes of investigations into how the accounting board’s members were chosen and his role as a director of a company accused of fraud.

In hindsight, Pitt’s appointment 15 months ago was a grave blunder as he brought to the office of SEC chairman some serious conflicts of interest. For one, he was suppose to regulate and subsequently investigate the accounting industry and securities firms, the very set of people he had represented for nearly 25 years. Pitt’s performance at the SEC throws up a dilemma not only for the US but also for other countries. In an increasingly complex financial market, the stock market watchdog must be headed by person who has a good understanding of it. Yet, if such an insider were to be made the super-cop, there is a danger of him being sympathetic towards his former profession, colleagues, and clients.

Arthur Levitt, the previous chairman of the SEC did an admirable job of championing the cause of investors despite having a Wall Street history, which shows that the conflict of interests is significant only in the case of individual failure. The SEC now needs a strong leader with good market credentials to restore investor confidence and boost the sagging morale of SEC staff.

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© 2001 Academy of Corporate Governance