A Look at Corporate Code of Conduct Legislation

Over recent years, there has been a growing perception among civil society in the developed world that multinational corporations are engaged in socially and environmentally exploitative practices that they would never get away with, or even attempt, in their home countries. Whether right or wrong, that perception and its political and economic ramifications have driven a global movement for more responsible corporate behavior. As part of that global movement, three common law jurisdictions—the United States, Australia and the United Kingdom—have seen legislation introduced to enforce standards of practice for multinational corporations based in those countries in respect of their overseas activities. None of those Bills has yet passed into law, but they are worthy of analysis as attempts to transform hitherto amorphous concepts like 'corporate social responsibility' into concrete legislation. This article compares and critically analyses the three Bills, making recommendations as to how they could be improved, with particular emphasis on the need to forge stronger links between the legislative provisions and international human rights law.

Corporate governance failure and its impact on National Australia Bank's performance

The National Australia Bank (NAB) is the largest financial services institution listed on the Australian stock exchange and is within the 30 most profitable financial services organisation in the world. In January 2004, the bank disclosed to the public that it had identified losses relating to unauthorised trading in foreign currency options amounting to AUD360 million. This foreign exchange debacle was classified as operational risk, the risk of loss resulting from inadequate or failed processes, people, or systems and reiterated the importance of corporate governance for banks. Concurrent issues of National Australia Bank’s AUD4.1 billion loss on US HomeSide loans in 2001, the degree of strength of their risk management practices and lack of auditor independence, were raised by the US Securities and Exchange Commission in 2004, reinforcing the view that corporate governance had not been given the priority it deserved over a number of years. This paper will assess and critically analyse the impact of corporate governance failure by management and Board of Directors on NAB’s performance over the years 2001-2005.

Mad hatter's corporate tea party

This paper aims to provide an insight into the corporate greed and consequent corporate collapses of companies such as HIH, One.Tel and Harris Scarfe in Australia, while concurrently, Enron, WorldCom and other companies were attracting the attention of the accounting profession, the regulators and the general public in the USA. It is argued that the rise in economic rationalism and the related increased materialism of both the public and company directors and managers, fed the corporate excesses that resulted in spectacular corporate collapses, including one of the world’s largest accounting firms. The opportunistic behaviour of directors, and managers and the lack of transparency and integrity in corporations, was compounded by the failure of the corporate watch-dogs, such as auditors and regulators, to protect the public interest. If the history of bad corporate behaviour is not to be repeated, the religion of materialism needs to be recognised and addressed, to ensure any corporate governance reforms proposed for the future will be effective.

Corporate governance failure and its impact on National Australia Bank's performance

The National Australia Bank (NAB) is the largest financial services institution listed on the Australian stock exchange and is within the 30 most profitable financial services organisation in the world. In January 2004, the bank disclosed to the public that it had identified losses relating to unauthorised trading in foreign currency options amounting to AUD360 million. Thisforeign exchange debacle was classified as operational risk, the risk of loss resulting from inadequate or failed processes, people, or systems and reiterated the importance of corporate governance for banks. Concurrent issues of National Australia Bank's AUD4.1 billion loss on US HomeSide loans in 2001, the degree of strength of their risk management practices and lack of auditor independence, were raised by the US Securities and Exchange Commission in 2004, reinforcing the view that corporate governance had not been given the priority it deserved over a number of years. This paper will assess and critically analyse the impact of corporate governance failure by management and Board of Directors on NAB's performance over the years 2001-2005.

Benchmarking new statistical techniques in ration-based modelling of corporate collapse

Up until 1979, Multiple Discriminant Analysis (MDA) was the primary multivariate methodological approaches to ratio-based modelling of corporate collapse. However, as new statistical tools became available, researchers started testing them with the primary objective of deriving models that would at least do as good a job as MDA, but that rely on fewer assumptions. Regardless of which methodological approach was chosen, most were compared to MDA. This paper analyses 84 studies on ratio based modelling of corporate collapse over the period 1968 to 2004. The results indicate that when MDA was not the primary methodology it was the benchmark of choice for comparison; thereby, demonstrating its importance as a foundation multivariate methodological approach in signalling corporate collapse.

EDMS, ERMS,ECMS or EDRMS : fighting through the acronyms towards a strategy for effective corporate records management

Records management has been receiving increased attention around the world over the last two decades as governments issue ever more laws and regulations about the management of corporate records. An electronic system to manage records effectively is the ultimate goal of every organisation in both the public private sectors – whether to support the development of E-Government or to conduct business legally. Such systems are not yet clearly defined, however, as the obvious confusion and inconsistency of nomenclature makes very clear. This paper highlights the problem and calls for research into this essential but currently ignored area.

The use of codes of ethics in the corporate marketplace: the case of Australia and Sweden

Business ethics is a subject that recently has been thrust again into prominence in industrialised economies around the world, due to the revelations of the practices of some of the major corporations operating within the USA. In Australia, corporate collapses such as HIH and Onetel and in Sweden, the scandals with the top executives of Skandia and also Systembolaget have brought in to sharp focus that these practices are not confined to the USA. Since the early 1960s, codes of ethics have been in evidence in many organisations in the USA, whilst in Australia, as in Britain, the interest in codes of ethics was piqued by the stock market crash of 1987. In Sweden, however, this concept of the use of codes of ethics in the corporate sector had not been investigated prior to this study. This paper examines the use of codes of ethics in the marketplace by the top companies operating in corporate Australia and corporate Sweden. The outcome of this research shows that in both Australia and Sweden that large organisations indicate a substantial interest in codes of ethics and value the use of their codes in the marketplace. There are, however, differences in the ways that the companies in each country implement their codes of ethics in the marketplace and the benefits that they see as being derived from them.

Working and fighting for progress, for prosperity, for society : brave new business worlds before and beyond corporate citizenship

One of the things that many of us working in corporate citizenship tend to do is to assume that we are actually creating new agendas. Sometimes we do but, more often than not, other thinkers have been there before us. One such man worth revisiting in his extensive writings of over 60 years ago is Aldous Huxley, probably most famous to many for his novel Brave New World. This paper looks briefly at some of the things Huxley had to say that are relevant to our current thinking about the 'soul' of business and its relations to CSR and corporate citizenship.

Corporate governance, board responsibilities and financial performance : the National Bank of Australia

This paper examines board responsibilities and accountability by management and Board of Directors in relation to the National Australia Bank's (NABs) performance. The NAB, an international financial service provider within the top thirty most profitable banks in the world, is compared with the Australian major banks. The evidence suggests that NABs poor performance was consistent with a lack of accountability, poor corporate governance and board dysfunction associated with fraudulent currency trading and the subsequent AUD360 million foreign currency losses. The NAB's performance is investigated by utilising accounting-based measures of profitability and cost efficiency as proxies for performance. Following the foreign currency trading losses in 2004 the NAB under-performed the other major Australian banks in terms of profits, cost to income ratio and growth in assets. In terms of profitability and cost efficiency NAB had the lowest ROE and ROA with a 19.7% fall in net profit and the highest cost to income ratio of 5 7.4% of any of the five largest banks. This case study provides an Australian example of poor corporate governance and suggests that financial institutions and regulators can learn from the NAB's experience. Failure to have top-down accountability can have significant impact on over-all performance, profitability and reputation. In particular, it suggests that management and Boards need to review their risk management procedures and regulators need to be more pro-active in their prudential oversight of financial institutions.

Corporate responsibility reports assurance trends and the role of management accountants

Over the past decade, corporate responsibility (CR) has moved from the fringes of the business world to being a significant boardroom agenda. What began largely as an extension of public relations reporting where organisations disclosed basic health and safety monitoring, and environmental impact results has now grown to a wider set of governance practices premised on the philosophy of sustainability.

This paper discusses some of the developing trends in the area of assurance of CR reports, and the emerging challenges faced by the assurance providers and managers alike. The paper also explores the role of management accountants in enhancing CR reporting and its assurance practices.

Absence of industry effect in modelling corporate collapse in Australia

This paper investigates whether or not an industry effect is present when modelling corporate collapse in Australia. The investigation is motivated by a lack of consistency in the literature regarding such an effect. Moreover, this paper makes a unique contribution by applying an innovative methodological approach, called Multi-Level Modelling (MLM), for model derivation. Unlike the traditional two-step methodology used so far in the literature, MLM carries out model derivation and tests for an industry effect in a single step. Finally, the effectiveness of MLM is demonstrated using a sample of Australian publicly listed companies during the period 1989 to 2005; empirical results point to the absence of an industry effect.

Signalling corporate collapse using a dual classification scheme:Australian evidence

Regardless of the technical procedure used in signalling corporate collapse, the bottom line rests on the predictive power of the corresponding statistical model. In that regard, it is imperative to empirically test the model using a data sample of both collapsed and non-collapsed companies. A superior model is one that successfully classifies collapsed and non-collapsed companies in their respective categories with a high degree of accuracy. Empirical studies of this nature have thus far done one of two things. (1) Some have classified companies based on a specific statistical modelling process. (2) Some have classified companies based on two (sometimes – but rarely – more than two) independent statistical modelling processes for the purposes of comparing one with the other. In the latter case, the mindset of the researchers has been – invariably – to pitch one procedure against the other. This paper raises the question, why pitch one statistical process against another; why not make the two procedures work together? As such, this paper puts forward an innovative dual-classification scheme for signalling corporate collapse: dual in the sense that it relies on two statistical procedures concurrently. Using a data sample of Australian publicly listed companies, the proposed scheme is tested against the traditional approach taken thus far in the pertinent literature. The results demonstrate that the proposed dual-classification scheme signals collapse with a higher degree of accuracy.

Exchange as a determinant in corporate citizenship : exploratory action research into the social construction of corporate citizenship

This study attempts to achieve two things. Firstly it contextualizes corporate citizenship drawing on scholarly, government, media, legal and business discourses which when viewed as a whole, reveals the importance of exchange as a central determinant in how all the major themes or subfields of corporate citizenship function and subsequently become valued within public discourse. Secondly, it reports on exploratory action research where I as a researcher occupied a central role in understanding and contributing towards how organizational settings socially construct and evolve corporate citizenship in real time through various exchange behaviour, drawing from four years field research within BP and its interactions with the external world. This research contributes to new knowledge by building a rare contextual understanding into how cultural change evolves over time within an organization, from its public face, through policy, down into employee and stakeholder reactions, including identifying the crucial role played by Cultural bridges’ in shifting entrenched organizational culture towards embracing new, more sustainable ways of doing business, and additionally how practitioners can legitimately act as a researcher in facilitating this process by assisting an organization to move from simple, transactional relationships to more sustainable integrated social, financial and environmental exchange between business and its broader context. Importantly, this research develops entirely new theoretical models for understanding the social application and commercial value of corporate citizenship to both business and society.