Phillips Law

Principles of STAKEHOLDER RELATIONSHIPS Part 2

July 31, 2017 No Comments

400. The Board must, in the best interest of the company, strive to achieve an appropriate balance of interests between its various stakeholders. 401. Stakeholders should know their responsibilities towards the company and should be circumspect about making public statements that can damage its interests. 402. The gap between stakeholder perceptions and the performance of […]

Principles of STAKEHOLDER RELATIONSHIPS

July 28, 2017 No Comments

395. The legal rights and legitimate expectations of the company’s stakeholders should be identified, recognized, respected and promoted in the course of creating wealth and jobs and sustaining a financially sound business enterprise. 396. Corporate actions should take into account stakeholder and societal interests. 397. There should be constructive engagement between a company and all […]

CHAPTER 8: STAKEHOLDER RELATIONSHIPS

July 27, 2017 No Comments

Preamble: 393. A company is a multi-interest enterprise. It binds itself to contracts and can be held legally responsible for its actions. It has many stakeholders who have vital interests in its operations and results. Its operations have consequences beyond itself as they always affect, in one way or another, the community in which it […]

Recommendations of COMPLIANCE AND ENFORCEMENT Part 3

July 26, 2017 No Comments

388. Compliance policies should be integrated and aligned with other business efforts and objectives to avoid duplication of effort and to take advantage of opportunities for synergies. 389. Compliance with laws, rules, codes and standards should be incorporated in the code of conduct of the company to entrench a compliance culture. Employees should be encouraged […]

Recommendations of COMPLIANCE AND ENFORCEMENT Part 2

July 25, 2017 No Comments

383. A company should understand the context of the law within which it does its business and how other applicable laws interact with its business. 384. Compliance with applicable laws, rules, codes and standards should be pro-actively and systematically managed. Compliance issues should be regular items on the agenda of the Board even if this […]

Recommendations of COMPLIANCE AND ENFORCEMENT

July 24, 2017 No Comments

379. The Board must make adequate and reasonable disclosure about the extent to which the company complies with laws, regulations, non-binding rules, codes and standards and give adequate and verifiable reasons for the extent of any non-compliance. 380. Where the Board delegates its compliance verification function to management or one of its committees, such delegation […]

Principles of COMPLIANCE AND ENFORCEMENT

July 21, 2017 No Comments

374. The Board is responsible for the company’s compliance with applicable laws and non -binding rules, codes and standards and it should ensure that the company, its officers, employees and agents comply with and adhere to them. 375. The risk of non-compliance should form an integral part of a company’s risk management framework. 376. The […]

CHAPTER 7: COMPLIANCE AND ENFORCEMENT

July 20, 2017 No Comments

Preamble: 369. The nature and extent of compliance or enforcement of corporate governance principles depend on whether they are required by law or by best practice. If it is the law, then compliance with corporate governance principles is mandatory. Companies must comply or else they face legal consequences. If it is best practice, compliance and […]

Recommendations of Dispute or Conflict Resolution Part 2

July 19, 2017 No Comments

364. Where a conflict arises between or among shareholders or between shareholders and other stakeholders, the Board or the CCR committee should act as intermediary in the conflict and may suggest outsourcing the dispute to a mediator or other neutral professional body for resolution. 365. An actual or potential conflict of interest involving a director, […]

Recommendations of Dispute or Conflict Resolution

July 18, 2017 No Comments

360. The company should give full and detailed answers to any reasonable queries raised or requests made by shareholders or other stakeholders. A denial of a request or query should be well founded and based on the provisions of the law or best practice. 361. When a shareholder or a stakeholder and the company have […]