IDEAS home Printed from https://ideas.repec.org/a/eme/jfcpps/jfc-07-2013-0047.html
   My bibliography  Save this article

The juxtaposition of success and failure of corporate governance procedures

Author

Listed:
  • Norman Mugarura

Abstract

Purpose - The paper aims to explore a multiplicity of corporate governance issues in the narrow purview of different corporate governance systems and procedures across jurisdictional contexts. It shows a correlation between proper implementation of rules and procedures in a corporation for determining the success or failure of corporations. The paper also posits that however robust internal corporate rules and procedures are, the recent experiences have demonstrated that the fate of corporation could also be dictated beyond the remit of individual corporations by extraneous factors such as globalisation. This was vividly underscored by the recent global financial crisis (2008-2010) and its devastating consequences on well-managed corporation worldwide. The author has structured the paper into two parts – part one and part two. Part one is designed to explore the dynamics of corporate governance in fostering the success or failure of corporations. In part two, the paper examines the interplay between rules and practices in the context of two corporate governance examples –MTN in Uganda and the defunct BCCI (1991) in the UK in corporate success or failure. The former underscores a correlation between effective corporate governance mechanisms in fostering corporate success, whereas the latter underscores how the practice of overlooking corporate rules and procedures could trigger catastrophic consequences for corporations. The paper also tries to tease out how poor corporate governance could be exploited for criminal purposes. This was underscored in the case of the BCCI. The last part underscores how two distinctive corporate governance approaches in MTN (Uganda) and defunct BCCI could proffer a lesson for change of modern corporate governance systems and procedures. Design/methodology/approach - The paper was written by way of a comparative analysis of different corporate governance approaches in different jurisdictions and their different implications for the success or failure of corporations. It has examined recent corporate scandals with a view to delineate how lax governance procedures and lack robust oversight of corporation could have played in precipitating conditions for criminal exploitation. Findings - The findings of the paper clearly demonstrate a close correlation between good corporate governance and corporate success. It also correlates how lack of robust corporate governance procedures could provide an environment for exploitation of corporation by executives who may have criminal inclination. The lax corporate environment can also be exploited by criminals to perpetuate other forms of criminal activities such as money laundering and fraud. Research limitations/implications - The paper was largely undertaken by the analysis of secondary data sources. Because there were no interviews carried to corroborate the foregoing data, it is possible that some of it could have been biased. Undertaking interviews would have mitigated the potential for bias and infused the paper with first-hand experiences from different stakeholders Practical implications - The paper underscores how two distinctive corporate governance approaches gleaned in the context of MTN (Uganda) and defunct BCCI (1991) could proffer different approaches for a change in modern corporate governance systems and procedures. Social implications - The paper has demonstrated that lack of proper corporate governance procedures and oversight could provide a recipe for criminal exploitation to perpetuate crimes such as money laundering in a corporation. This could have far-reaching implications not only for individuals corporations but also local communities in form of job losses), governments and markets. Originality/value - The originality of this paper is manifested that there are no comparable studies undertaken in its purview. It is, therefore, a must-read for both academic and policy purposes.

Suggested Citation

  • Norman Mugarura, 2016. "The juxtaposition of success and failure of corporate governance procedures," Journal of Financial Crime, Emerald Group Publishing Limited, vol. 23(2), pages 379-413, May.
  • Handle: RePEc:eme:jfcpps:jfc-07-2013-0047
    DOI: 10.1108/JFC-07-2013-0047
    as

    Download full text from publisher

    File URL: https://www.emerald.com/insight/content/doi/10.1108/JFC-07-2013-0047/full/html?utm_source=repec&utm_medium=feed&utm_campaign=repec
    Download Restriction: Access to full text is restricted to subscribers

    File URL: https://www.emerald.com/insight/content/doi/10.1108/JFC-07-2013-0047/full/pdf?utm_source=repec&utm_medium=feed&utm_campaign=repec
    Download Restriction: Access to full text is restricted to subscribers

    File URL: https://libkey.io/10.1108/JFC-07-2013-0047?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eme:jfcpps:jfc-07-2013-0047. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Emerald Support (email available below). General contact details of provider: .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.