The structure of the Board of Directors in the "Corporate Governance" in the Law of Germany, China and Iran

Document Type : Academicm and Research

Authors

1 Faculty member of the Law Department, Faculty of Theology and Islamic Studies, University of Meybod, Meybod, Iran

2 Phd student of private law, Department of Law, Faculty of Theology and Islamic Studies, Meybod University, Meybod, Iran

10.22091/csiw.2024.10147.2480

Abstract

"Stakeholder-oriented approach"in corporate governance along with "shareholder-oriented approach" is one of the famous and popular models in the law of commercial companies in the world. Rereading the model of corporate governance in Germany as the leader of this approach in the world and Europe and China as one of the countries following this model in Asia can open the way for Iran's business rights. The absence of an independent law and coherent and unified regulations about corporate governance in Iranian law and the lack of adopting a single approach in this regard is known as a damage to the movement of this system and the activities of joint-stock companies And the study of the two mentioned models can help in the legislation of the independent model of the corporate governance in Iran. The present comparative research with a descriptive-analytical view and through library studies, while presenting a general picture of the two-layer structure of these two models, has followed the conclusion that the legislation with a native view regarding the "With the powers of strict supervision over the executive board, appointing and dismissing its members and the right to prosecute them in appropriate cases)","the active presence of employees in this board (in the position of the most important stakeholders after shareholders)" and creating a communication network between shareholders and business partners (as another important stakeholder of the company)" can help to advance the legislator's goals in removing the above damage, and facilitate the correct and active direction of commercial companies.

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Comparative Studies on Islamic and Western Law

Articles in Press, Accepted Manuscript
Available Online from 21 April 2024

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