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Zarządzanie i Finanse
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2012
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vol. 4
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issue 1
237-250
EN
The study focuses on the presentation of more significant trends in the worldwide discussion on the role of supervisory boards (boards of directors) in the process of improving corporate efficiency and preventing crises in corporations. In the first part of the study the
EN
The presence of foreign members of Polish supervisory boards creates an interesting research area. It is a component of the more complex question the demographic diversity of boards as a group within the organization as well as its potential impact on its operations. The primary objective of this article is to present the results of research into ways of perceiving Polish practice in the operation of supervisory boards as well as the assessment of such practice by foreign members of the supervisory boards of listed WIG20 and WIG40 companies. In addition to these questions, the conducted research has also created the possibility of a closer look at the population of foreigners sitting on Polish supervisory boards. Moreover there were questions touching upon topic such as an assessment of solutions found among Polish companies in the realm of corporate governance. Such knowledge may prove useful in further improving the work of supervisory boards in Poland.
EN
The objective of this article is the identification of key factors facilitating or impeding the process of the development and professionalization of supervisory structures in the form of a board of directors / supervisory board in family businesses operating outside the sphere of influence of capital markets. The analysis of the evolution of change shall also concentrate on factors such as: – Factors / events, which initiate, as well as slow, the commencement of the process of professionalization of the board of directors in family companies uninfluenced by capital markets, – Analysis of a process of invitation to the board independent members – Evolution of the role and tasks of the board (control, advisory, resource), – Results of board activities (including identification of the role of the board in the process of succession—one of the most important challenges facing the family business—and its involvement in the implementation of strategic planning in the company). Authors: Izabela Koładkiewicz Title: BOARD OF DIRECTORS/SUPERVISORY BOARD IN FAMILY BUSINESS. FACTORS, WHICH DETERMINED THE BOARD PRESENCE AND THE PROCESS OF ITS PROFESSIONALIZATION (Rada dyrektorów/rada nadzorcza w firmie rodzinnej. Czynniki warunkujące jej powstanie i proces jej profesjonalizacji) Source: Prace i Materiały Wydziału Zarządzania Uniwersytetu Gdańskiego (The Papers and Reports of the Faculty of Management of Gdansk University) year: 2011, vol:.2, number: 1, pages: 259-276 Keywords: BOARD OF DIRECTORS, SUPERVISORY BOARD, FAMILY BUSINESS Discipline: ECONOMICS (Business & Management) Language: POLISH Document type: ARTICLE Publication order reference (Primary author’s office address): Izabela Koładkiewicz Dr, adiunkt, Centrum Studiów Zarządzania, Akademia Leona Koźmińskiego E-mail: izabela@alk.edu.pl www: http://pim.wzr.ug.edu.pl/pim/?htm=2011_2_1_19.htm Abstract The objective of this article is the identification of key factors facilitating or impeding the process of the development and professionalization of supervisory structures in the form of a board of directors / supervisory board in family businesses operating outside the sphere of influence of capital markets. The analysis of the evolution of change shall also concentrate on factors such as: – Factors / events, which initiate, as well as slow, the commencement of the process of professionalization of the board of directors in family companies uninfluenced by capital markets, – Analysis of a process of invitation to the board independent members – Evolution of the role and tasks of the board (control, advisory, resource), – Results of board activities (including identification of the role of the board in the process of succession—one of the most important challenges facing the family business—and its involvement in the implementation of strategic planning in the company). Authors: Izabela Koładkiewicz Title: BOARD OF DIRECTORS/SUPERVISORY BOARD IN FAMILY BUSINESS. FACTORS, WHICH DETERMINED THE BOARD PRESENCE AND THE PROCESS OF ITS PROFESSIONALIZATION (Rada dyrektorów/rada nadzorcza w firmie rodzinnej. Czynniki warunkujące jej powstanie i proces jej profesjonalizacji) Source: Prace i Materiały Wydziału Zarządzania Uniwersytetu Gdańskiego (The Papers and Reports of the Faculty of Management of Gdansk University) year: 2011, vol:.2, number: 1, pages: 259-276 Keywords: BOARD OF DIRECTORS, SUPERVISORY BOARD, FAMILY BUSINESS Discipline: ECONOMICS (Business & Management) Language: POLISH Document type: ARTICLE Publication order reference (Primary author’s office address): Izabela Koładkiewicz Dr, adiunkt, Centrum Studiów Zarządzania, Akademia Leona Koźmińskiego E-mail: izabela@alk.edu.pl www: http://pim.wzr.ug.edu.pl/pim/?htm=2011_2_1_19.htm Abstract The objective of this article is the identification of key factors facilitating or impeding the process of the development and professionalization of supervisory structures in the form of a board of directors / supervisory board in family businesses operating outside the sphere of influence of capital markets. The analysis of the evolution of change shall also concentrate on factors such as: – Factors / events, which initiate, as well as slow, the commencement of the process of professionalization of the board of directors in family companies uninfluenced by capital markets, – Analysis of a process of invitation to the board independent members – Evolution of the role and tasks of the board (control, advisory, resource), – Results of board activities (including identification of the role of the board in the process of succession—one of the most important challenges facing the family business—and its involvement in the implementation of strategic planning in the company). Authors: Izabela Koładkiewicz Title: BOARD OF DIRECTORS/SUPERVISORY BOARD IN FAMILY BUSINESS. FACTORS, WHICH DETERMINED THE BOARD PRESENCE AND THE PROCESS OF ITS PROFESSIONALIZATION (Rada dyrektorów/rada nadzorcza w firmie rodzinnej. Czynniki warunkujące jej powstanie i proces jej profesjonalizacji) Source: Prace i Materiały Wydziału Zarządzania Uniwersytetu Gdańskiego (The Papers and Reports of the Faculty of Management of Gdansk University) year: 2011, vol:.2, number: 1, pages: 259-276 Keywords: BOARD OF DIRECTORS, SUPERVISORY BOARD, FAMILY BUSINESS Discipline: ECONOMICS (Business & Management) Language: POLISH Document type: ARTICLE Publication order reference (Primary author’s office address): Izabela Koładkiewicz Dr, adiunkt, Centrum Studiów Zarządzania, Akademia Leona Koźmińskiego E-mail: izabela@alk.edu.pl www: http://pim.wzr.ug.edu.pl/pim/?htm=2011_2_1_19.htm Abstract The objective of this article is the identification of key factors facilitating or impeding the process of the development and professionalization of supervisory structures in the form of a board of directors / supervisory board in family businesses operating outside the sphere of influence of capital markets. The analysis of the evolution of change shall also concentrate on factors such as: – Factors / events, which initiate, as well as slow, the commencement of the process of professionalization of the board of directors in family companies uninfluenced by capital markets, – Analysis of a process of invitation to the board independent members – Evolution of the role and tasks of the board (control, advisory, resource), – Results of board activities (including identification of the role of the board in the process of succession—one of the most important challenges facing the family business—and its involvement in the implementation of strategic planning in the company). Authors: Izabela Koładkiewicz Title: BOARD OF DIRECTORS/SUPERVISORY BOARD IN FAMILY BUSINESS. FACTORS, WHICH DETERMINED THE BOARD PRESENCE AND THE PROCESS OF ITS PROFESSIONALIZATION (Rada dyrektorów/rada nadzorcza w firmie rodzinnej. Czynniki warunkujące jej powstanie i proces jej profesjonalizacji) Source: Prace i Materiały Wydziału Zarządzania Uniwersytetu Gdańskiego (The Papers and Reports of the Faculty of Management of Gdansk University) year: 2011, vol:.2, number: 1, pages: 259-276 Keywords: BOARD OF DIRECTORS, SUPERVISORY BOARD, FAMILY BUSINESS Discipline: ECONOMICS (Business & Management) Language: POLISH Document type: ARTICLE Publication order reference (Primary author’s office address): Izabela Koładkiewicz Dr, adiunkt, Centrum Studiów Zarządzania, Akademia Leona Koźmińskiego E-mail: izabela@alk.edu.pl www: http://pim.wzr.ug.edu.pl/pim/?htm=2011_2_1_19.htm Abstract The objective of this article is the identification of key factors facilitating or impeding the process of the development and professionalization of supervisory structures in the form of a board of directors / supervisory board in family businesses operating outside the sphere of influence of capital markets. The analysis of the evolution of change shall also concentrate on factors such as: – Factors / events, which initiate, as well as slow, the commencement of the process of professionalization of the board of directors in family companies uninfluenced by capital markets, – Analysis of a process of invitation to the board independent members – Evolution of the role and tasks of the board (control, advisory, resource), – Results of board activities (including identification of the role of the board in the process of succession—one of the most important challenges facing the family business—and its involvement in the implementation of strategic planning in the company).
EN
The mandatory supervisory board is obliged to supervise the joint-stock company under Polish law. Supervision over the company’s activities in all aspects of its business is one of the most crucial elements in the corporate structure. This paper presents the new supervisory instruments in joint-stock companies and their assessment. The latest amendment to the Commercial Companies Code allows, among others, for the nomination of a supervisory board advisor, broader access to information, the appointment of committees, and the approval of transactions with related entities. Additionally, it aims to describe the impact of new provisions on the liability of the supervisory board members.
EN
Bank-receivership represents a strict limitation for shareholders rights and competencies of all bodies of the related bank. It is a reorganisation and restructuring measure which may also impact upon the existing rights of the third persons, including the possibility of suspension of disposal by depositors of their deposits and the suspension of payments and clearing in a bank subject to forced administration. Upon introduction of forced administration, the execution of functions shall be suspended for all bodies of the bank and officers of the bank and the duties of the board of directors and the supervisory board are transferred to the forced administrator of a bank. At the same time, the rights of shareholders are suspended to the specified extent, except for the right to participate and vote at a general meeting convened by the forced administrator of a bank. During this time, the term of office of members of the statutory body and the supervisory board does not elapse. The author deals with the several significant application problems arising specially in the legal regulation of bank-receivership performance, also known as forced administration over a bank, according to Slovak Act on Banks. At first, he provides short introduction into legal regulation of forced administration and in accordance with its purposes and intentions gives proposals for appropriate amendments in systematic order of Slovak Act on Banks. Consequently deals with partial application problems as following: introducing forced administration over a branch office of a foreign bank from non EEAState, the Fit and Proper assessment of forced administrator of a bank, deputy administrator of a bank and their hired professional advisor for receivership purposes, professional competence and integrity of persons appointed as forced administrator and deputy administrator of a bank by the National Bank of Slovakia (NBS) as the financial market supervisory authority, conducting of rights and duties of forced administrator of a bank pursuant to provisions of Act on Banks, etc.
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