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Co-operative and competitive enforced self regulation: the role of governments, private actors and banks in corporate responsibility

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  • Ojo, Marianne

Abstract

In considering why practices which stimulate incentives for private agents to exert corporate control should be encouraged, this paper highlights criticisms attributed to government control of banks. However the theory relating to the “helping hand” view of government is advanced as having a fundamental role in the regulation and supervision of banks. Furthermore, governments have a vital role to play in corporate responsibility and regulation given the fact that banks are costly and difficult to monitor – this being principally attributed to the possibility that private agents will lack required incentives or the ability to supervise banks. Through its supervision of banks, governments also assume an important role where matters related to the fostering of accountability are concerned – not only because banks may have the power to affect firm performance, but also because some private agents are not able to afford internal monitoring mechanisms. Through the Enforced Self Regulation model, the paper attempts to highlight the role played by government in the direct monitoring of firms. In proposing the Co-operative and Competitive Enforced Self Regulation model, it attempts to draw attention to the fact that although such a model is based on a combination of already existing models and theories, the absence of effective enforcement mechanisms will restrict the maximisation potential of such a model. The primary theme of the paper relates to how corporate responsibility and accountability could be fostered through monitoring and the involvement of governments in the regulation of firms. It illustrates how structures which operate in various systems, namely, stock market economies and universal banking systems, function (and attempt) to address gaps which may arise as a result of lack of adequate mechanisms of accountability. Furthermore it draws attention to the impact of asymmetric information (generally and in these systems), on levels of monitoring procedures and how conflicts of interests which could arise between banks and their shareholders, or between governments and those firms being regulated by the regulator, could be addressed.

Suggested Citation

  • Ojo, Marianne, 2010. "Co-operative and competitive enforced self regulation: the role of governments, private actors and banks in corporate responsibility," MPRA Paper 22918, University Library of Munich, Germany.
  • Handle: RePEc:pra:mprapa:22918
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    References listed on IDEAS

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    1. Jeremy Edwards & Marcus Nibler, 2000. "Corporate governance in Germany: the role of banks and ownership concentration," Economic Policy, CEPR;CES;MSH, vol. 15(31), pages 237-267, October.
    2. Roberta Romano, 2005. "Is Regulatory Competition a Problem or Irrelevant for Corporate Governance?," Oxford Review of Economic Policy, Oxford University Press, vol. 21(2), pages 212-231, Summer.
    3. Genschel, Philipp & Plümper, Thomas, 1997. "Regulatory competition and international cooperation," MPIfG Working Paper 97/4, Max Planck Institute for the Study of Societies.
    4. Miles, David, 1995. "Optimal regulation of deposit taking financial intermediaries," European Economic Review, Elsevier, vol. 39(7), pages 1365-1384, August.
    5. Gorton, Gary & Schmid, Frank A., 2000. "Universal banking and the performance of German firms," Journal of Financial Economics, Elsevier, vol. 58(1-2), pages 29-80.
    6. Richard A. Posner, 1974. "Theories of Economic Regulation," Bell Journal of Economics, The RAND Corporation, vol. 5(2), pages 335-358, Autumn.
    7. Ojo, Marianne, 2010. "The impact of capital and disclosure requirements on risks and risk taking incentives," MPRA Paper 20404, University Library of Munich, Germany.
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    Cited by:

    1. Senderski, Marcin, 2012. "Self-regulation as a remedy for market turmoil: An over-the-counter or a prescription drug?," MPRA Paper 51328, University Library of Munich, Germany.
    2. Ojo, Marianne, 2011. "Addressing the inadequacies of private law in the regulation of contracts – during and post contract formation periods," MPRA Paper 32282, University Library of Munich, Germany.

    More about this item

    Keywords

    accountability; asymmetric information; universal banking; regulation; regulatory capture; government;

    JEL classification:

    • K2 - Law and Economics - - Regulation and Business Law
    • G18 - Financial Economics - - General Financial Markets - - - Government Policy and Regulation
    • D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design
    • G3 - Financial Economics - - Corporate Finance and Governance
    • A10 - General Economics and Teaching - - General Economics - - - General
    • G21 - Financial Economics - - Financial Institutions and Services - - - Banks; Other Depository Institutions; Micro Finance Institutions; Mortgages
    • L1 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance

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