BUSINESS ETHICS

Week 4 Assignment

Business Ethics

WEEK 4

Assignment

1. Explain the term corporate governance

Corporate governance consists of processes, rules and practices which guides the operations of an organization. Corporate governance aims at addressing the needs of the shareholders, customers, employees and other stakeholders such as suppliers and distributors. Corporate governance also gives the employees of the organization framework on how the goas of the organization can be achieved. The success and failure of an organization depend on the corporate governance of the organization. Corporate governance also includes the performance measures and indicators and internal control system (Cumming et al., 2017).

2. Explain the importance of the “King I” and “King II’ reports.

King I report was published in 1994. The first importance is that it stated the composition of the board of directors in an organization and the role of the non-executive directors. The report also shows the qualifications and the term limit for the board of directors. The King I report discloses the remunerations of the board of directors and the code of ethics of the organization.

King II report was published in 2002, which aimed at revision some of the items in the first report. The report highlighted the composition of the directors and the individual responsibility of the directors in the organization. The report also clarifies on the risk management strategies that can be used in the organization depending on the degree of the risks. The third importance of the King II report is that it states the need for the internal audit and accounting in the organization (ArAs, 2016). 

3. Why do corporations need a board of directors?

Board of directors is needed in a corporation to help the management to comply with the rules and regulations about the industry. The board of directors also offer managerial advice that helps the management of the organization to avoid costly errors that may lead to the closure of the company (Cumming et al., 2017).

4. What is the value of adding “outside directors?”

The outside board of directors bring new skills in the management that help the firm to operate more efficiently. The outside directors also add credibility to the operations of the organization.

Exercises

Which is more important to effective corporate governance: an audit committee or a compensation committee?

The compensation committee is more important than the audit committee for effective corporate governance. The organization requires the compensation committee because they perform their duty throughout the operation process of the firm, yet the audit committee examines the financial operations of the organization at the end of the financial year. The role of the compensation committee begins when the firm is formed while the audit committee is required at the end of the financial period. The compensation committee is responsible for matching the employees with their right duty and the correct payment after the end of the payment period.

The compensation duties are essential in an organization because it determines the rates at which the organization shall retain their employees. An effective compensation committee will help in giving the right pay to the employees and as a result, increase employees’ satisfaction with the salary scheme of the firm. Most of the employees are motivated by the financial reward given by the organization, which is the major role of the compensation committee. The compensation team is also responsible for planning for the expenditure of the organization, which goes towards payment of salaries, wages, commission and other financial benefits to the employees. The compensation committee is directly answerable to the management of the organization, thus increasing the accuracy of the financial management in an organization (ArAs, 2016). 

Case study

Week 5

Assignment

1. What was the primary purpose of the FCPA?

The Foreign Corrupt Practices Act is a regulation that bars individuals and business from making payment to officials in a foreign nation in order to influence their decision that helps to start or retain business organization without meeting the required standards.

2. What was the maximum fine for a U.S. Corporation under the FCPA?

The maximum fine for a U.S. corporation under the Foreign Corrupt Practices Act is two million dollars.

3. Which two distinct areas did the FCPA focus on?

The two distinct areas that foreign Corrupt Practices Act focuses on are prohibition and disclosure. The FCPA ensures that money is prohibited from exchanging hands in order to influence foreign government official to give favour to the U.S. citizens in business. The FCPA ensures that all the details of financial transactions between the U.S. citizens and foreign government officials are revealed (Cumming et al., 2017).

4. List four examples of routine governmental action

The four examples of routine government action are

a) Giving visa and work permit to individuals based on the activities they perform

b) Giving permits and licences to U.S. citizens who need to work in foreign countries.

c) Conducting inspection of the goods and documents of the transactions

d) Conducting intergovernmental training against corruption between countries.

5. What are the three steps in calculating financial penalties under FSGO?

The three steps in calculating financial penalties under FSGO are

a) Determination of the base fine. The base fine is calculated by considering the benefits from the offence or the loss suffered by other individuals and organizations from the offence.

b) Culpability score. The culpability score is calculated based on the mitigating factors and aggravating factors

c) The total fine amount. This where the fine is calculated to a similar amount of the total assets of the organization.

6. Explain the seven steps of an effective compliance program.

The seven steps of an effective compliance program are

a) Management oversight, where a senior officer ensures that the organization complies with the rules and regulations.

b) Structuring of corporate procedures and policies to reduce errors and criminal activities in the organization.

c) Communication where all the stakeholders are informed of the rights and the ethical policies in the organization.

d) Monitoring of the policies and procedures to ensure that all the stakeholders comply with the organizational requirements.

e) Channel of delegation. The organization need to structure the channel of delegation to ensure that the supervisory role is not burdened on an individual.

f) Penalty. The managers of the organization need to have structured penalties and fines to deter future violation of the rules and regulations in the firm.

g) Evaluation. The last stage is evaluation, where the management corrective measures and response to various issues in the firm.

7. What were the three key components of the 2004 Revised FSGO?

The three components of the 2004 Revised FSGO are explanations of accountability guidelines, regular checking of compliance program and promotion of compliance program

8. Explain the role of the PCAOB.

The role of the Public Company Accounting Oversight Board is to oversee the audit process of public organization to protect the interest of investors and other stakeholders of the audited organization (ArAs, 2016). 

9. What are the five key requirements for auditor independence?

The five key requirements for auditor independence are as follows

a) Prohibiting non-audit services by the organization

b) Pre-approval of the audit services by the audit committee

c) Rotating the audit partners to enhance independence

d) Avoiding firms with conflict of interest with the auditor

e) Disclosure and enhance communication between the auditor and the client.

10. What issues prompted the revision of the Federal Sentencing Guidelines for Organizations in 2004?

The FSGO was revised in 2004 because of the following reasons. First, the compliance program had failed in other organizations, and it was suspected that the failure could continue. The second reason was that the compliance program lacked ethical guidelines which were needed to guide the operations of various firms. The last reason was that some of the organizational officials lacked the required knowledge to put the compliance program into use (ArAs, 2016). 

Exercise

Which is the most effective piece of legislation for enforcing ethical business practices: FCPA, FSGO, SOX, or Dodd-Frank?

Legislations are necessary to guide the operations of organizations. Without the pieces of legislation, markets and business transactions will be disorderly, and the government will fail to control the operations of the organization. The laws and regulations in an organization or institution are aimed at increasing the level of disclosure and transparency among the employees and other stakeholders of the corporation. The laws help in protecting the consumers and investors from exploitative managers and organizations. The most effective legislation for enforcing ethical business practices among the Foreign Corrupt Practices Act, Federal Sentencing Guidelines for the organization, Sarbanes–Oxley Act and Dodd-Frank is Federal Sentencing Guidelines for the organization. The four pieces of legislations have different areas of jurisdiction and perform different purposes in the field of corporate finance. The role of Federal Sentencing Guidelines for the organization stands out as the most effective piece of legislation for enforcing ethical business practices (Cumming et al., 2017).

The first reason why Federal Sentencing Guidelines for the organization stands out as the most effective piece of legislation for enforcing ethical business practices is that it is used in different organizations, both public and private. Some of the corporations where Federal Sentencing Guidelines for the organization can be used include partnerships, public companies, unions and many others. Other pieces of legislations are only applicable in Specific Corporation unlike the Federal Sentencing Guidelines for the organization which does not have boundary based on the types of the corporations. The fact that the Federal Sentencing Guidelines for the organization applies in different types of institutions makes it vast and accommodative to different institutions. The second reason is that the employer is responsible for the actions of the employees. The conditions laid by the employer determines how the employee behaves and acts in the organization. The ethical practices put in place by the management of the organization and the employers will be the same ethical practices displayed by the employees (ArAs, 2016). 

References

ArAs, G. (2016). A handbook of corporate governance and social responsibility. CRC Press.

Cumming, D., Filatotchev, I., Knill, A., Reeb, D. M., & Senbet, L. (2017). Law, finance, and the international mobility of corporate governance.