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The corporate governance of banks

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Author Info
Jonathan R. Macey
Maureen O'Hara
Abstract

The study argues that commercial banks pose unique corporate governance problems for managers and regulators as well as for claimants on the banks' cash flows, such as investors and depositors. The authors support the general principle that fiduciary duties should be owed exclusively to shareholders. However, in the special case of banks, they contend that the scope of the fiduciary duties and obligations of officers and directors should be broadened to include creditors. In particular, the authors call on bank directors to take solvency risk explicitly and systematically into account when making decisions or else face personal liability for failure to do so.

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Publisher Info
Article provided by Federal Reserve Bank of New York in its journal Economic Policy Review.

Volume (Year): (2003)
Issue (Month): Apr ()
Pages: 91-107
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Handle: RePEc:fip:fednep:y:2003:i:apr:p:91-107:n:v.9no.1

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Related research
Keywords: Bank management ; Bank supervision ; Corporate governance ; Stockholders;

Cited by:
(explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)

  1. Panagiotis Staikouras & Christos Staikouras & Maria-Eleni Agoraki, 2007. "The effect of board size and composition on European bank performance," European Journal of Law and Economics, Springer, vol. 23(1), pages 1-27, February. [Downloadable!] (restricted)
  2. Wim Fonteyne, 2007. "Cooperative Banks in Europe--Policy Issues," IMF Working Papers 07/159, International Monetary Fund. [Downloadable!]
  3. Köhler, Matthias, 2008. "Blockholdings and Corporate Governance in the EU Banking Sector," ZEW Discussion Papers 08-110, ZEW - Zentrum für Europäische Wirtschaftsforschung / Center for European Economic Research. [Downloadable!]
  4. Khalid, Ahmed M. & Hanif , Muhammad N., 2005. "Corporate Governance for Banks in Pakistan: Recent Developments and Regional Comparisons," MPRA Paper 9255, University Library of Munich, Germany. [Downloadable!]
  5. Abhiman Das & Saibal Ghosh, 2004. "Corporate Governance in Banking System: An Empirical Investigation," Industrial Organization 0411004, EconWPA. [Downloadable!]
  6. Thorsten Beck, 2007. "Bank Concentration and Fragility. Impact and Mechanics," NBER Chapters, in: The Risks of Financial Institutions, pages 193-234 National Bureau of Economic Research, Inc. [Downloadable!]
    Other versions:
  7. Shams Pathan & Michael Skully & J. Wickramanayake, 2007. "Board Size, Independence and Performance: An Analysis of Thai Banks," Asia-Pacific Financial Markets, Springer, vol. 14(3), pages 211-227, September. [Downloadable!] (restricted)
  8. Elizabeth Webb, 2008. "Regulator Scrutiny and Bank CEO Incentives," Journal of Financial Services Research, Springer, vol. 33(1), pages 5-20, February. [Downloadable!] (restricted)
  9. Polsiri, Piruna & Wiwattanakantang, Yupana, 2006. "Corporate Governance of Banks in Thailand," CEI Working Paper Series 2005-20, Center for Economic Institutions, Institute of Economic Research, Hitotsubashi University. [Downloadable!]
  10. Nachane, D M & Ghosh, Saibal & Ray, Partha, 2005. "Bank nominee directors and corporate performance: micro evidence for India," MPRA Paper 1714, University Library of Munich, Germany. [Downloadable!]
    Other versions:
  11. Ettore Andreani & Kathrin Dummann & Doris Neuberger, 2009. "Composition of Supervisory Boards in Germany: Inside or Outside Control of Banks?," Thuenen-Series of Applied Economic Theory 103, University of Rostock, Institute of Economics, Germany. [Downloadable!]
  12. Thorsten Beck & Asli Demirguc-Kunt & Ross Levine, 2003. "Bank Concentration and Crises," NBER Working Papers 9921, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
    Other versions:
  13. Chisari, Omar O. & Ferro, Gustavo, 2009. "Gobierno Corporativo: los problemas, estado actual de la discusión y un ejercicio de medición para Argentina
    [Corporate Governance: the problems, the current stage of the discussion and a measure
    ," MPRA Paper 15630, University Library of Munich, Germany. [Downloadable!]
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