The rules, regulations, and practices of U.S. corporate governance originate through two primary sources, which are as follows:
State corporate laws: Regulations that apply to the formation and duties of directors. The regulations are both privately owned and publicly traded corporations are statutory and judicial. Therefore, the state corporate laws govern the following:
Privately and publicly traded corporations
The rights of directors and shareholders for managing
The director and officer’s fiduciary responsibility
Additionally, the Model Business Corporation Act, drafted by the American Bar Association, has considerable influence on state legislation.
Federal securities laws: There are two primary sources of information at the federal level, which are as follows:
The Securities Act of 1933. A company can offer and sell securities according to the Securities Act of 1933, whether public or private.
The Securities Exchange Act of 1934. Public companies are required by the Exchange Act 1934 to disclose information periodically.
In the United States, most federal securities regulations relating to corporate governance in public companies focus on disclosure rather than substantive requirements.
As a result, the Public Company Accounting Reform and Investor Protection Act of 2002, the federal government now regulates directly matters that before were either left to state corporate law or dealt with through disclosure requirements under federal law.
According to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, the federal regulations for corporate governance are now applicable to public companies. The Securities and Exchange Commission has published several rules implementing the provisions of both acts.
Benefits of Corporate Governance in a Company
A simple business practice such as follows can save executives from legal problems and benefit corporate governance.
Integrity is the key when choosing leaders.
The organization must have sufficient information and time to make necessary decisions.
Supporting management with the appropriate resources.
Involving the organization in crisis management activities when needed.
However, the modern corporation relies on four basic principles, which are as follows:
Requirements of Director’s Identity
Some of the basic requirements include:
Age: Some companies require a minimum age of 18 for a director to serve as a director.
Nationality: No state law requires directors to be of a particular nationality or reside in a particular location. There may be industries where all or a minimum number of directors must be citizens of the United States or residents of the state where a corporation is incorporated.
Diversity: Number of states have enacted or are considering legislation that encourages greater diversity on boards or requires disclosure of board diversity. Companies are required to disclose information on whether and how a nominating committee considers diversity when identifying nominees to serve as directors and if a diversity policy is in place.
Interlock: An individual cannot hold the position of officer or director of two competing companies simultaneously. Therefore, corporations engage in commerce and produce profits, surpluses, and capital exceeding certain thresholds. As a general rule, the Depository Institution Management Interlocks Act prohibits a director of a depository organization from serving simultaneously. Director of an unaffiliated depository organization in situations where competition has the potential to affect adversely.
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