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Additional resources for ACCA P1 Governance, Risk and Ethics

Sample text

They may have a strong interest in what the company does, but they do not want to get actively involved in the decision-making. The government and local communities may be examples of passive stakeholders. Voluntary and involuntary stakeholders A distinction can also be made between voluntary and involuntary stakeholders. „ A voluntary stakeholder is someone who becomes a stakeholder voluntarily. They include employees (who could move to a job with a different employer), customers (who could buy goods from another company) and shareholders (who could sell their shares).

Legal action by a company against a director for breach of fiduciary duty would normally be taken by the rest of the board of directors or, possibly, a majority of the shareholders acting in the name of the company. Agency law and challenging the actions of directors In practice, it is very difficult for shareholders to use the law to challenge the decisions and actions of the company’s directors. If shareholders believe that the directors are not acting in the best interests of the company, their ability to do something about the problem is restricted.

Monitoring costs and bonding costs will not prevent some residual loss from occurring. Reducing the agency problem Jensen and Meckling argued that when they act in the interest of the shareholders, managers bear the entire cost of failing to pursue goals that are in their own best interests, but gain only a few of the benefits. Incentives should therefore be provided to management to increase their willingness to take ‘value-maximising 42 © Emile Woolf Publishing Limited Chapter 2: Agency relationships and theories decisions’ – in other words, to take decisions that benefit the shareholders by maximising the value of their shares.

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