Keeping Good Companies articles from October 2005

Keeping Good Companies archives from October 2005

Towards real shareholder participation in contemporary corporate governance.(Key Issues: APPLIED CORPORATE GOVERNANCE)
October 1, 2005... * Enhanced shareholder participation in large public companies in Australia has not gone far enough * Shareholders need to be given the opportunity to contribute to the forming of company decisions and strategies * One proposal is to...

A life less complex: simplifying corporate structures.
October 1, 2005... * Simplifying corporate structures facilitates improved corporate governance, saves costs and time, and aids risk management * It also deals with the misalignment of operational and legal structures, and the number of non-trading or dormant...

New cartel immunity policy: a rush to the gate.
October 1, 2005... * ACCC's immunity policy is for cartel conduct only and applies to the first person to apply for immunity * Immunity is only available for a company or an individual who satisfies certain mandatory criteria * Overview of the main...

Addressing corporate social responsibility (CSR).(CORPORATE LAW)
October 1, 2005... * Overview of how CSR is being addressed in Australia and in other jurisdictions * Possible ways of addressing CSR * Do we really need to amend the law to adopt CSR? The notion of corporate social responsibility (CSR) involves...

Workplace deaths--implications for directors, officers and managers.(State Focus)
October 1, 2005... Now may be a good time to review your OH&S policies and procedures. The Occupational Health and Safety Amendment (Workplace Deaths) Act 2005 (Workplace Deaths Act) commenced on 15 June 2005, amending the Occupational Health and Safety Act 2000...

Directors' personal contributions to settlements in the WorldCom and Enron securities litigation.(NEWS AND VIEWS)
October 1, 2005... WorldCom was one of the world's largest telecommunications companies. In mid-2002, following allegations of fraud, WorldCom filed for bankruptcy with estimated shareholder losses of up to US$180 billion. That fraudulent conduct included...

A simple plan for workplace regulation?(Professional Updates: EMPLOYMENT LAW)
October 1, 2005... * The Federal Government claims the changes will simplify workplace regulation * While the present complex workplace laws are partly due to structural factors, it is as much due to how federal laws have been drafted * Neither the...

First infringement notice sheds light on continuous disclosure regime.(NEWS AND VIEWS)
October 1, 2005... * Listed entities are now on notice that ASIC will issue infringement notices in appropriate cases * Paying a fine is not an admission of guilt, but it could lead to claims of financial loss by investors * Complying with an...

2006 Australasian Reporting Awards entries close 31 January 2006.(NEWS & VIEWS)
October 1, 2005... The Australasian Reporting Awards (ARA) are held each year to encourage organisations to strive for excellence in reporting to their stakeholders about their activities and performance. Awards for annual reporting have been held in Australia...

Is your indemnity a wolf in sheep's clothing? Restrictions on the indemnification of directors and officers.(Professional Updates: INSURANCE LAW)
October 1, 2005... * Proposed amendments to the Trade Practices Act 1974 (TPA) will further restrict a company's ability to indemnify its directors and officers * Check indemnities currently provided to directors and officers * Amend carefully any...

Succession planning needs a wider definition.(Professional Updates: MANAGEMENT)
October 1, 2005... * SME business owners should consider management buy-outs (MBOs) or management buy-ins (MBIs) as workable alternatives to a business sale or auction * Why MBOs are rare in Australia * Making an MBO work Succession or exit...

Officers' duties under the microscope.(NEWS AND VIEWS)
October 1, 2005... The headlines are full of stories about the latest corporate crook being sent to jail in the USA, in Europe, Asia or in Australia. There is often a degree of fraud involved and the amounts of money that have been personally gained and the...

Managing corporate volunteers in light of recent civil liability reforms.(RISK MANAGEMENT)
October 1, 2005... * Organisations involved in corporate volunteering must manage the risks involved * Overview of civil liability reforms by all Australian jurisdictions to protect volunteers * Impact of these new laws on corporate volunteering ...

Wireless technology: an IT security minefield.
October 1, 2005... Is wireless technology really a risk? Wireless technology is here to stay and we cannot deny the inherent benefits that it brings. However, users beware! Consider these real-life examples: A recent article from the UK identified that...