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Detecting Tail Risks to Preclude Regulatory Arbitrage 发现尾部风险,防止监管套利
IF 1.4 Q3 BUSINESS, FINANCE Pub Date : 2020-07-01 DOI: 10.1515/ael-2019-0059
M. Thiemann, Tobias Tröger
Abstract This paper contributes to the debate on the adequate regulatory treatment of non-bank financial intermediation (NBFI). It proposes an avenue for regulators to keep regulatory arbitrage under control and preserve sufficient space for efficient financial innovation at the same time. We argue for a normative approach to supervision that can overcome the proverbial race between hare and hedgehog in financial regulation and demonstrate how such an approach can be implemented in practice. We first show that regulators should primarily analyse the allocation of tail risk inherent in NBFI. Our paper proposes to apply regulatory burdens equivalent to prudential banking regulation if the respective transactional structures become only viable through indirect or direct access to (ad hoc) public backstops. Second, we use insights from the scholarship on regulatory networks as communities of interpretation to demonstrate how regulators can retrieve the information on transactional innovations and their risk-allocating characteristics that they need to make the pivotal determination. We suggest in particular how supervisors should structure their relationships with semi-public gatekeepers such as lawyers, auditors and consultants to keep abreast of the risk-allocating features of evolving transactional structures. Finally, this paper uses the example of credit funds as non-bank entities economically engaged in credit intermediation to illustrate the merits of the proposed normative framework and to highlight that multipolar regulatory dialogues are needed to shed light on the specific risk-allocating characteristics of recent contractual innovations.
摘要本文对非银行金融中介机构(NBFI)的适当监管待遇进行了讨论。它为监管机构提供了一条控制监管套利的途径,同时为有效的金融创新保留了足够的空间。我们主张一种规范的监管方法,可以克服金融监管中众所周知的兔子和刺猬之间的竞争,并展示如何在实践中实施这种方法。我们首先表明,监管机构应首先分析NBFI固有的尾部风险分配。我们的论文建议,如果各自的交易结构只能通过间接或直接获得(特设)公共支持才可行,则适用相当于审慎银行监管的监管负担。其次,我们使用监管网络作为解释社区的学术见解来展示监管机构如何检索交易创新及其风险分配特征的信息,这些信息是他们做出关键决定所需的。我们特别建议监管机构应如何构建与律师、审计师和顾问等半公开看门人的关系,以及时了解不断演变的交易结构的风险分配特征。最后,本文以信贷基金作为经济上从事信贷中介的非银行实体为例,说明所提议的规范框架的优点,并强调需要多极监管对话,以阐明最近合同创新的具体风险分配特征。
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引用次数: 6
Why “Less is More” in Non-Financial Reporting Initiatives: Concrete Steps Towards Supporting Sustainability 为什么在非财务报告倡议中“少即是多”:支持可持续发展的具体步骤
IF 1.4 Q3 BUSINESS, FINANCE Pub Date : 2020-05-27 DOI: 10.1515/ael-2018-0045
G. Tsagas, C. Villiers
Abstract Calls are repeatedly made on corporations to respond to the challenges facing the planet from a sustainable development perspective and governments take solace in the idea that corporations' transparency on their corporate activity in relation to sustainability through voluntary reporting is adequately addressing the problem. In practice, however, reporting is failing to deliver truly sustainable results. The article considers the following questions: how does the varied reporting landscape in the field of non-financial reporting impede the objectives of fostering corporations' sustainable practices and which initiative, among the options available, may best meet the sustainability objectives after a decluttering of the landscape takes place? The article argues that the varied corporate reporting landscape constitutes a key obstacle to fostering sustainable corporate behaviour, insofar as the flexible and please all approach followed in the context of corporate sustainability reporting offers little to no real incentive to companies to behave more sustainably and ultimately pleases none in the long run. The case made is that “less is more” in non-financial reporting initiatives and hence the article calls for a revision of key aspects of the European Non-Financial Reporting Directive, which, as is argued, is more likely to achieve the furtherance of sustainable corporate behaviour. Although the different reporting requirements offer the benefits of focussing on different corporate goals and activities, targeting different audiences and allowing for a level of flexibility that respects the individual risks to sustainability associated with each industry, the end result is a landscape that lacks overall consistency and comparability of measurements and accountabilities, making accountability more, rather than less, difficult to achieve. The article acknowledges the existence of several variances relating to the notion of sustainability per se, which continues to remain a contested concept and variances between companies and industries in relation to how each is operating sustainably or unsustainably respectively. Such variances have so far inhibited the legislator from easily outlining through tailored legislation the individual risks to global sustainability in an all-encompassing manner. The end product is a chaotic system of financial reporting, CSR reporting, non-financial reporting and integrated reporting and little progress to increase comparability and credibility in order for companies to be held accountable and to behave in ways that do not harm the planet. A “clean up” of the varied initiatives in the terrain of non-financial reporting is recommended.
人们一再呼吁企业从可持续发展的角度来应对地球面临的挑战,而政府则对企业通过自愿报告来透明其与可持续发展有关的企业活动充分解决问题的想法感到安慰。然而,在实践中,报告未能提供真正可持续的结果。本文考虑了以下问题:在非财务报告领域,不同的报告环境如何阻碍促进公司可持续实践的目标,以及在现有的选择中,哪一项倡议在环境整洁之后可能最好地满足可持续发展目标?文章认为,多样化的企业报告环境构成了促进可持续企业行为的关键障碍,因为在企业可持续发展报告的背景下,灵活和取悦所有人的方法几乎没有真正的激励企业采取更可持续的行动,从长远来看,最终没有人满意。提出的理由是,在非财务报告倡议中“少即是多”,因此文章呼吁修订欧洲非财务报告指令的关键方面,正如所认为的那样,这更有可能实现可持续企业行为的促进。尽管不同的报告要求提供了关注不同公司目标和活动的好处,针对不同的受众,并允许一定程度的灵活性,尊重与每个行业相关的可持续性风险,但最终的结果是缺乏总体一致性和可比性的测量和问责制,使问责制更难实现,而不是更少。文章承认存在与可持续性本身概念相关的几个差异,这仍然是一个有争议的概念,公司和行业之间的差异分别涉及到如何可持续或不可持续地运营。迄今为止,这种差异阻碍了立法者通过量身定制的立法,以全面的方式轻松概述全球可持续性面临的个别风险。最终的结果是一个混乱的财务报告、企业社会责任报告、非财务报告和综合报告体系,在提高可比性和可信度方面进展甚微,从而使公司承担责任,并以不损害地球的方式行事。建议对非财务报告领域的各种举措进行“清理”。
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引用次数: 13
Accounting Research and Problem Solving 会计研究与问题解决
IF 1.4 Q3 BUSINESS, FINANCE Pub Date : 2020-05-14 DOI: 10.2139/ssrn.3617980
S. Sunder
Abstract Accounting and management practice as well as accounting research would benefit by shifting more of the scholarly attention towards external matters – solving problems of practice – while retaining its emphasis on rigor and validity of research claims.
会计和管理实践以及会计研究将受益于将更多的学术注意力转向外部事务-解决实践问题-同时保留其对研究主张的严谨性和有效性的强调。
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引用次数: 0
The Accrual Accounting Principle and its Implications for Portuguese Tax Courts Decisions 权责发生制会计原则及其对葡萄牙税务法院判决的影响
IF 1.4 Q3 BUSINESS, FINANCE Pub Date : 2020-03-24 DOI: 10.1515/ael-2019-0030
Daniel G. Taborda, J. Sousa
Abstract To the best of our knowledge, this is the first paper focusing on the interpretations issued by different Portuguese courts concerning the application of the accrual principle established in the Corporate Income Tax Code. This paper uses a database of the Portuguese tax courts’ decisions and employs a case law-based research methodology to address the following question: under which circumstances the principle of justice may affect the strict application of the accrual principle? After collecting twenty-four legal decisions related to the application of the accrual principle outlined in tax law, this paper summarises eleven, grouping them according to the different issues under dispute. This analysis also includes the confrontation of the assumptions used by the tax authority and the claims of the taxpayers, identifying and discussing the legal arguments to override the strict application of the accrual principle. The main conclusion is that Portuguese courts may summon the principle of justice in taxation when taxpayers violate the accrual principle, in order to prevent unfair corrections to taxable income performed in tax audits. This paper found that the tax authority typically demands a rigid use of the accrual principle while the taxpayers often argue for a more flexible application. This last perspective has been adopted by the tax courts in certain circumstances, in particular when taxable income transfer was not motivated by tax avoidance.
摘要:据我们所知,这是第一篇关注葡萄牙不同法院对《企业所得税法》中规定的权责发生制原则的解释的论文。本文使用葡萄牙税务法院判决的数据库,并采用基于判例法的研究方法来解决以下问题:在何种情况下,正义原则可能影响权责发生制原则的严格适用?在收集了24项与适用应计制原则相关的法律判决后,本文总结了11项,并根据争议的不同问题进行了分组。这一分析还包括税务机关所使用的假设与纳税人的主张的对抗,确定和讨论超越权责发生制原则严格应用的法律论据。主要结论是,当纳税人违反权责发生制原则时,葡萄牙法院可以在税收中调用正义原则,以防止在税务审计中对应纳税所得额进行不公平的更正。本文发现,税务机关通常要求严格使用权责发生制原则,而纳税人往往主张更灵活的应用。税务法院在某些情况下采用了最后一种观点,特别是当应税收入转移不是出于避税的动机时。
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引用次数: 1
A Country-Comparative Analysis of the Transposition of the EU Non-Financial Directive: An Institutional Approach 欧盟非金融指令转换的国家比较分析:一种制度方法
IF 1.4 Q3 BUSINESS, FINANCE Pub Date : 2020-03-24 DOI: 10.1515/ael-2018-0047
Selena Aureli, F. Salvatori, Elisabetta Magnaghi
Abstract CSR practices and reporting vary across countries and companies. Accouting studies using institutional theory show that even where there are coercive pressures to converge, local practices and traditions are other types of pressures that play a role in maintaining divergence. Similarly, legal studies indicate that harmonisation attempts made by the European Union are usually challenged by States attempting to maintain the status quo of the local context, and this may also apply to CSR reporting harmonization. This research investigates whether or not the institutional pressure toward non-financial reporting harmonization represented by the Directive/2014/95/EU led to convergent behaviours between Member States, at least at the transposition stage. Transposition laws in Member States where CSR has historically played a limited role (i. e. Romania and Bulgaria) are compared with those issued by countries where CSR traditions are much more well developed (France, Belgium and the UK). The analysis focuses on how both mandatory and discretionary requirements have been transposed at a national level. The transposition outcome is analysed in the face of economic-, government- and society-related factors of each country and results show that on several occasions, divergence is catalysed by differences in national business systems. This is aligned with the results of previous studies (e. g. Jamali and Neville, 2011), which argue that historical, cultural, economic and political local contexts mould the CSR conceptualisation existing in a given country, and therefore the convergence of different CSR practices is only apparent.
企业社会责任实践和报告因国家和公司而异。使用制度理论的会计研究表明,即使存在强制趋同的压力,当地的实践和传统也是在保持差异方面发挥作用的其他类型的压力。同样,法律研究表明,欧洲联盟所作的协调努力通常受到试图维持当地现状的国家的挑战,这也可能适用于企业社会责任报告的协调。本研究调查了以指令/2014/95/EU为代表的非财务报告协调的制度压力是否导致成员国之间的趋同行为,至少在过渡阶段是如此。在企业社会责任历史上发挥有限作用的成员国的换位法。罗马尼亚和保加利亚)与企业社会责任传统更为发达的国家(法国、比利时和英国)发布的报告进行了比较。分析的重点是强制性要求和自由裁量性要求是如何在国家一级转换的。在面对每个国家的经济、政府和社会相关因素的情况下,对转换结果进行了分析,结果表明,在一些情况下,分歧是由国家商业制度的差异催化的。这与以前的研究结果一致(例如:Jamali和Neville, 2011),他们认为当地的历史、文化、经济和政治背景塑造了特定国家存在的企业社会责任概念,因此不同企业社会责任实践的趋同只是显而易见的。
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引用次数: 22
The Financialization of Civil Society Activism: Sustainable Finance, Non-Financial Disclosure and the Shrinking Space for Engagement 公民社会行动的金融化:可持续金融、非财务信息披露与参与空间的缩小
IF 1.4 Q3 BUSINESS, FINANCE Pub Date : 2020-03-14 DOI: 10.1515/ael-2019-0006
Davide Cerrato, Tomaso Ferrando
Abstract Inspired by the principles of sustainable finance and Environmental, Social and Governance (ESG) reporting, the European Union Directive 95/2014 on non-financial disclosure recognized that metrics and more transparency would foster internal debates, ensuring proper governance and helping to promote dialogue between management, the board and stakeholders, including civil society and non-governmental organizations (NGOs). Although significant academic attention has been paid to the -limited- space that the third sector had in the definition of the content of the Directive, not enough has been said on the way in which the Directive and ESG reporting can be leveraged by non-financial actors and what are the consequences of embracing accounting, non-financial reporting and corporate governance as tools for campaigning. This paper tries to fill the gap and asks some direct questions: are the Directive and the EU approach to sustainable finance opening spaces of engagement and confrontation that contribute to a true transition into a socially and environmentally sustainable future? Is the encounter between the financial realm and civil society a real win-win in the best interest of future generations and the planet? After presenting the background of the Directive and the three main opportunities that the ESG framework presents for civil society engagement, we conclude with a critical reflection on what is lost when civil society sits around the same table as financial institutions, uses their vocabulary and accepts that the conversation can only happen around those social and environmental causes that are financially material.
受可持续金融和环境、社会和治理(ESG)报告原则的启发,欧盟关于非财务披露的第95/2014号指令认识到,指标和更高的透明度将促进内部辩论,确保适当的治理,并有助于促进管理层、董事会和利益相关者(包括公民社会和非政府组织)之间的对话。尽管学术界对第三部门在《指令》内容定义中的有限空间给予了极大的关注,但对于《指令》和ESG报告如何被非金融行为者利用,以及将会计、非财务报告和公司治理作为竞选工具的后果,学术界的讨论还不够。本文试图填补这一空白,并提出了一些直接的问题:该指令和欧盟的可持续金融方法是否开放了参与和对抗的空间,有助于真正过渡到社会和环境可持续的未来?金融领域和公民社会之间的相遇是否真的符合子孙后代和地球的最佳利益?在介绍了指令的背景和ESG框架为公民社会参与提供的三个主要机会之后,我们最后对公民社会与金融机构坐在同一张桌子周围,使用他们的词汇并接受对话只能围绕那些具有经济意义的社会和环境原因进行时所失去的东西进行了批判性反思。
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引用次数: 7
Integrated Reporting and Sustainable Corporate Governance from European Perspective 欧洲视角下的综合报告与可持续公司治理
IF 1.4 Q3 BUSINESS, FINANCE Pub Date : 2020-02-27 DOI: 10.1515/ael-2018-0048
Jukka Mähönen
Abstract According to the Cadbury Committee (1992) classical definition, corporate governance is ‘the system by which companies are directed and controlled.’ In the Cadbury Report and in other mainstream corporate governance codes, ‘system’ refers only to the ‘financial aspects of corporate governance’, that is, shareholder value and emphasis on the board’s and the management’s accountability to providers of financial capital only. During the last few years however, sustainability has been included through ‘integrated reporting’ in corporate governance codes especially in Africa (South Africa) and Asia (Malaysia, Philippines). For example, the South African King reports on corporate governance connect the use of integrated reporting to report on an organisation’s corporate governance practices and economic-social-environmental triple-bottom-line performance. The leading normative framework for integrated reporting, the International Integrated Reporting Council’s International Framework, is based on an idea of ‘shared value creation’ by providers of the ‘six capitals’ (financial, manufactured, intellectual, human, societal and environmental capitals). As such integrated reporting represents a stakeholder management model already integrated – at least on the text level – in many corporate governance codes, just enlarging the concept of capital providers from shareholders only to other internal stakeholders, and the goal of capital efficiency and profit maximisation from financial capital only to other five forms of internal capital provisions. It is also a new step in the development of social and environmental accounting and reporting, rooting from the 1970s and sustainability reporting from the 1990s. The concept of a ‘business model’ represents the way how an organisation creates value, comprising all its activities, its relationships with stakeholders and its tangible and intangible assets and liabilities, and finally the boards responsibilities, as for the board, ‘corporate governance’ and sustaining and developing the company’s business model are essentially the same thing. In the end of the day, it is a question what kind of ‘business model’ integrated reporting based corporate governance really reflects, and how it possible varies from shareholder-centred business model. The purpose of this paper is to test (1) what kind of stakeholder model, if any, integrated reporting and especially International Framework represents, (2) what is the impact, if any, of integrated reporting to material corporate governance in the codes it is included in, and (3) if yes, does an integrated view and especially the ‘integrated thinking’ behind International Framework represent a genuine sustainable value creation driven business model based on the boundaries of the planet and social foundation for the humanity, or is it only a view to encourage organisations to take care of the profits of the specific capital providers.
根据吉百利委员会(Cadbury Committee, 1992)的经典定义,公司治理是“指导和控制公司的制度”。在吉百利报告和其他主流公司治理准则中,“制度”仅指“公司治理的财务方面”,即股东价值,并强调董事会和管理层仅对金融资本提供者负责。然而,在过去几年中,特别是在非洲(南非)和亚洲(马来西亚、菲律宾),可持续发展已通过“综合报告”纳入公司治理准则。例如,南非国王关于公司治理的报告将综合报告的使用与组织的公司治理实践和经济-社会-环境三重底线绩效的报告联系起来。综合报告的主要规范框架,国际综合报告委员会的国际框架,是基于“六大资本”(金融、制造、智力、人力、社会和环境资本)提供者的“共同价值创造”理念。因为这样的综合报告代表了一种利益相关者管理模式,至少在文本层面上,已经整合在许多公司治理准则中,只是将资本提供者的概念从股东扩大到其他内部利益相关者,将资本效率和利润最大化的目标从金融资本扩大到其他五种形式的内部资本规定。这也是社会和环境会计和报告发展的新一步,起源于20世纪70年代和90年代的可持续发展报告。“商业模式”的概念代表了一个组织如何创造价值的方式,包括它的所有活动,它与利益相关者的关系,它的有形和无形的资产和负债,最后是董事会的责任,对于董事会来说,“公司治理”和维持和发展公司的商业模式本质上是一样的。说到底,这是一个基于综合报告的公司治理真正反映了什么样的“商业模式”,以及它与以股东为中心的商业模式有何不同的问题。本文的目的是检验(1)综合报告,特别是国际框架代表了什么样的利益相关者模型(如果有的话);(2)综合报告对其所包含的代码中的重大公司治理有什么影响(如果有的话);(3)如果有的话,国际框架背后的综合观点,特别是“综合思维”是否代表了一种真正的基于地球边界和人类社会基础的可持续价值创造驱动的商业模式,或者它只是一种鼓励组织照顾特定资本提供者利润的观点。
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引用次数: 9
Planetary Boundaries and Corporate Reporting: The Role of the Conceptual Basis of the Corporation 行星边界与公司报告:公司概念基础的作用
IF 1.4 Q3 BUSINESS, FINANCE Pub Date : 2020-02-27 DOI: 10.1515/ael-2018-0037
J. Veldman, André Jansson
Abstract There is a broad call to integrate planetary boundaries and life-cycle based reporting into accounting theory and reporting standards. Although many practitioners back this call, including insurers, shareholders with a long-term orientation, and company law specialists who suggest that the inclusion of long-term stakeholder interests is necessary to counter both corporate and systemic risks, it remains unanswered. We argue that dominant assumptions about the status and architecture of corporations in corporate governance theory stand at the centre of this unanswered call in accounting theory and practice. As the status of the public corporation is interpreted as a nexus of contracts and its architecture as a restricted dyadic relation between ‘principals’ and ‘agents’, the object and audience for corporate reports are restricted to a very specific set of actors, interests and time-horizons. We argue that this conceptual setup unduly restricts notions of accountability and is connected to a specific notion of political economy. A broadening of reporting standards needs, therefore, to be accompanied by a critical assessment of the assumed object and audience of reporting in corporate governance theory.
有一个广泛的呼吁,将地球边界和基于生命周期的报告纳入会计理论和报告标准。尽管许多从业者支持这一呼吁,包括保险公司、以长期为导向的股东,以及公司法专家(他们认为,为了应对企业和系统风险,必须纳入长期利益相关者的利益),但这个问题仍未得到回答。我们认为,公司治理理论中关于公司地位和结构的主导假设是会计理论和实践中这一未回答的呼吁的核心。由于上市公司的地位被解释为合同的联系,其结构被解释为“委托人”和“代理人”之间的有限二元关系,公司报告的对象和受众被限制为一组非常具体的参与者、利益和时间范围。我们认为,这种概念设置过度限制了问责制的概念,并与政治经济学的特定概念联系在一起。因此,在扩大报告标准的同时,需要对公司治理理论中假定的报告对象和受众进行批判性评估。
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引用次数: 8
The Challenges of Assurance on Non-financial Reporting 非财务报告鉴证的挑战
IF 1.4 Q3 BUSINESS, FINANCE Pub Date : 2020-02-27 DOI: 10.1515/ael-2018-0050
Amanda Ling Li Sonnerfeldt, C. Pontoppidan
Abstract The purpose of this paper is to enhance our understanding of the notions and conceptual foundations of assurance in the standard setting arena. This will facilitate an informed discussion of the challenges and the role of assurance within an increasingly complex and fragmented corporate reporting regulatory landscape. The study draws on relevant literature on sustainability assurance and an analysis of how the assurance concept has been framed by the International Auditing and Assurance Standards Board (IAASB) through the construction of standards. The analysis highlights that the fragility of the conceptual foundations of assurance, broad-based nature of standards and diversity in practice contribute to the persistent challenges of sustainability assurance. This paper makes an important contribution to the discussions and contemporary debates on the regulation of and through assurance as well as the complex newer concept of integrated assurance. It further contributes to a more informed policy discussion as to how it can(not) strengthen the role of non-financial reporting as an agent of change to encourage more sustainable companies.
摘要本文的目的是增进我们对准则制定领域中鉴证概念和概念基础的理解。这将有助于在日益复杂和分散的公司报告监管环境中,对挑战和鉴证的作用进行知情讨论。本研究借鉴了可持续保证的相关文献,并分析了国际审计与保证准则理事会(IAASB)如何通过标准的构建来构建保证概念。分析强调指出,保证概念基础的脆弱性、标准的广泛性质和实践的多样性都是造成可持续性保证持续面临挑战的原因。本文对保证的规制和通过保证以及综合保证这一复杂的新概念的讨论和当代辩论作出了重要贡献。它还有助于就如何(不)加强非财务报告作为变革推动者的作用,以鼓励更具可持续性的公司,进行更为知情的政策讨论。
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引用次数: 6
The ‘Who’ and ‘How’ in Learning From Sovereign Debt Crises 从主权债务危机中学习的“谁”和“如何”
IF 1.4 Q3 BUSINESS, FINANCE Pub Date : 2020-02-26 DOI: 10.1515/ael-2019-0044
Odette Lienau
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引用次数: 0
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