Wednesday, May 6, 2020
Google Total Compensation Plan - 1885 Words
Human Resource Management Google total compensation plan November 04, 2009 Introduction Google is a monopoly, and it has a different and special structure. Employees are linked between themselves, and after in a moment they become autonomous. In this paper we are going to talk about the total Compensation plan, and we are going to explain its importance in this company. First of all we are going to indentify Googleââ¬â¢s pay philosophy. We will explain the terms of lead, match and lag and how they are used in this company. Then the most important part of our project is the direct financial compensation, the wages, the salaries, the incentives, and also the indirect financial compensation which is the mandatory and voluntaryâ⬠¦show more contentâ⬠¦Google has a very special way to reward its employees and especially with non-financial compensations. Indeed Google gives to its employees a lot of non financial advantages. First the schedule is adapted to everyone and very flexible. The schedule is composed with two kinds of workshop, that is to say flexible one which correspond to the autonomous works and researches and the set time workshops which correspond to the teamwork and other team activities. Second the facilities of Google are made to be pleasant for employees the can use their bikes inside the building, play a lot of games during their breaks even relax on a massage chair. Everything is made to create a good work atmosphere and to awake the creativity. We would say that Google reward program is very complete and made to satisfy every employee and to get the best from them. The people who are interested in money will be happy because of the good salaries and indirect financial compensations whereas people who prefer a flexible schedule and other non-financial compensations (because they want to have free time for their family or because it is important to relax at their workplace) will find what they need with this reward program. In our opinion the homogeneity of the reward program and the advance of Google in Human resource Management explain the success of this firm and its ability to innovate. Performance appraisal methods In a big company as Google is hard toShow MoreRelatedHr Report1523 Words à |à 7 Pagescareer development plan, but they need to receive support from the organization in doing so. Googleââ¬â¢s approach as a corporation leaves it up to the employees to knows what whatââ¬â¢s out there and available to them for a successful career path. Self-reliance and the urgency is the approach Google would like to see in its employees an opportunistic attitude that will drive an individual approach towards his or her successful career path. Some of the development tools that Google offers are GoogleEDURead MoreHr Practices in Google1146 Words à |à 5 PagesHR PRACTICES IN GOOGLE 1. Building innovation into job descriptions: 20 percent time Technical employees are required to spend 80% of their time on the core search and advertising businesses, and 20% on technical projects of their own choosing. Employees work structure follows a 70/20/10 model, 2. Eliminating friction at every turn: ensuring change can happen quickly and efficiently Googleââ¬â¢s approach to innovation is highly improvisational. Any engineer in the company has aRead MoreThe Sustainability Of Google As An Employer Essay1735 Words à |à 7 PagesINTRODUCTION The main focus of this report is the sustainability of Google as an employer. In the following sections, we will discuss the purpose and scope of this assessment as well as the sources we are considering for our research. Purpose The purpose of this project is to review Google and analyze it as a potential employer. Throughout the report, we will cover their financial status, the culture of the company, and the future outlook. Additionally, we will explore the benefits and incentivesRead MoreNon-Monetary Compensation: Employers Helping to Create a Work-Life Balance1280 Words à |à 6 PagesNon-monetary Compensation: Employers Helping to Create a Work/Life Balance Prepared By: Prepared For: Laura Smagala, BSM 328 When job candidates discuss compensation packages with potential employers, the talk usually turns towards monetary compensation. Businesses have found that creating a balance between home life and work is just as important to their employee retention rates as their actual salaries. The reason for the shiftRead MoreCompensation949 Words à |à 4 PagesCompensation Luis A Galloza University of Phoenix Human Capital Management in Puerto Rico HRM/571 PR December 21, 2011 Marta Angeli Rivera, PH-D. Compensation Compensation is everything the employee values and want and what the employer is able to offer in return for the contributions of the employee (Cascio 2006). This compensation system is composed of financial and non-financial incentives. Financial compensation are direct payments (wages) and indirect payments (benefits)Read MoreNew and Improved Rewards at Work1627 Words à |à 7 Pagesthe overall competitive compensation strategy of the organization. Then, it explains how innovative benefits could be tied to specific jobs. After that, it critiques the effectiveness of equity-based rewards systems versus those with more creative approaches and discusses the key elements of integrating innovation into a traditional total rewards program. And last, it recommends a process that optimizes an employee-based suggestion program to continually refresh the total rewards of the organizationRead MoreGoogle s Strategic Plan And Initiatives1872 Words à |à 8 PagesIt is no wonder that Google is considered one of the best companyââ¬â¢s in the world to work for. With its generous pay and compensations plan it has the ability to attract th e best of the best employees. Googles well-designed compensation philosophy supports the organizationââ¬â¢s strategic plan and initiatives, business goals, competitive outlook, operating objectives, and compensation and total reward strategies. Throughout its history google has continued to access their pay model and adjust it toRead MoreAnalyzing And Evaluating Apple Inc.1179 Words à |à 5 Pageswe set out to provide a financial analysis of the company and develop a broad audit plan. We provide a breakdown of the companyââ¬â¢s industry, primary products, raw materials used, sales, assets, number of employees, location, key economic factors related to the industry, strengths, weaknesses, opportunities, and threats, as well as an analysis of Appleââ¬â¢s financial strength. Secondly, we prepared a broad audit plan that focuses on material types of transactions, transaction cycles, high and low riskRead MoreRecruitment Of Talent And Talent Retention Essay1554 Words à |à 7 Pagesemployees and over 100 million total assets (Shaofu, Ye. Personal communication. November 30, 2016). However, according to Mr. Shaofuââ¬â¢ s words (Shaofu, Ye. Personal communication. November 30, 2016), now the employees in the company started to complain about the employee treatment of the company and a substantial portion of staff in the company including senior and old employees choose to leave the company. First, select 3 vital criteria from the literature which are compensation system, working environmentRead MoreA Report On Bombardier Canada1132 Words à |à 5 PagesAlcatel-Lucent SA and a member of the board of directors of Fiera Capital, DJM Capital and Centria. â⬠¢ Vikram Pandit is the chairman TGG group and has been a director since 2014. â⬠¢ Patrick Pichette is senior vice President and chief financial officer at Google Inc. and sits on the board since 2013. â⬠¢ Carlos E. Represas holds the position of corporate director since 2004. â⬠¢ Heinrich Weiss is the chairman of the supervisory board at SMS Holding GmbH:, and is a director since 2005. (Director s Bios - Board
Narcissistic Behavior from Media and Social Media - 685 Words
I believe media and social media plays a large role in the rise in narcissistic behavior in Western society. Facebook, YouTube are primary examples. I also felt that parenting philosophies of today play a part in the rise, as well. We have kids on YouTube taping the beatings of other classmates, you can post anything on Facebook and you can have phony friends on social media...doesnt anyone get to know someone before calling them a friend? I feel our society is full of phony counterparts; friends, beauty, rich people, celebrities, athletes, education, parent/child relationships, and our economy. I feel its almost as if society is living in a grandiose fantasy, and some of us (who actually see this happening) are left on the outside, looking in. Personally, I like being on the outside. I also felt current parenting philosophies, media and social media plays a large role in societys narcissistic behavior. Parents are often overindulgent and parents and educators are being told to teach self-esteem to the point that our children often feel that the world revolves around me. Self-esteem is a very important part of growing up, yet we also need to teach our children that the feelings and respect for others are just as important. Media makes models look picture perfect, even when they arent. Our social interaction on the Internet allows others to be disrespectful and hurtful while remaining anonymous (or not). Bullying and beatings are being filmed and posted onShow MoreRelatedNarcissistic Personality Disorder ( Npd )1578 Words à |à 7 PagesAccording to DSM-IV-TR Narcissistic Personality Disorder (NPD) is characterized by symptoms that include grandiosity, an exaggerated sense of self-importance and a lack of empathy for others. This type of personality disorder is re lated to another disordered called, histrionic personality disorder. In both disorders, individuals act in a dramatic manner, seek respect from others, and are shallow in their emotional expressions and relationships with others. People with histrionic personality disorderRead MoreAfter Paying Close Attention To Both Of My Articles, Wagner1743 Words à |à 7 Pagesobsessions over social media. To go more indepth of what they were saying, I started to explore how social media addiction can relate to the increase of infidelity in social media relationships. An article published in January of 2017 by Addictive Behaviors, called ââ¬Å"The Relationship Between Addictive Use of Social Media, Narcissism, and Self-Esteem: Findings from a Large National Surveyâ⬠by Cecilie Schou Andreassen and her colleagues argue that narcissism and egotistical behaviors are linked to addictionRead MoreNarcissistic Identity Identify With Conduct On Facebook1352 Words à |à 6 Pagesinspirations driv ing social networking sites use. In this way, conceptualizing narcissism as only a sole construct may make us misconstrue the ways in which social networking platforms are utilized to fulfill different needs. Research has begun to analyze how the undesirable parts of narcissistic identity identify with conduct on Facebook (Carpenter, 2012). The modern study seeks to explain the good and the undesirable parts of narcissism by discussing about narcissism and how it relates to social networkingRead MoreAssociation Among Self Photography And Self Esteem, And Narcissism1218 Words à |à 5 PagesNarcissism The procreation of social media in daily life has caused various questions about how individuals display themselves in these platform. The recent studies explored the association between self-esteem and the posting of self-photographs on a social media networking site such as Instagram, Snapchat and Facebook. Social media arenas have become strikingly popular in the past decade serving the varied communicative intentions. Despite the accelerated rise in social media networking industry, theRead MoreNarcissistic Identity Identify With Conduct On Facebook1353 Words à |à 6 Pagesdriving social networking sites use. In this way, conceptualizing narcissism as only a sole construct may make us misconstrue the ways in which social networking platforms are utilized to fulfill different psychological needs. Research has begun to analyze how undesirable parts of narcissistic identity identify with conduct on Facebook (Carpenter, 2012). The modern study seeks to explain the good and the undesirable parts of narcissism by discussing about narcissism and how it relates to social networkingRead MoreSocial Media And Its Effects On Society Essay1603 Words à |à 7 Pagesserves as the basis for all human interaction, and in this case, cyberbullying. With the explosion of social media and internet related activities, there has been a sudden increase in cyberbullying cases. Over the years, cyberbullyingââ¬âwhich has often been linked ââ¬Å"to harassing text messages, rumors spread online or through social media websites, and derogatory comments about someone on social media sitesâ⬠(Stockdale, Coyne, Nelson, Erickson, 2015)--has grown tremendously, accounting for nearly ââ¬Å"42%Read MoreNarcissistic Personality Disorder ( Npd )1612 Words à |à 7 PagesIntroduction What is Narcissistic Personality Disorder? Narcissistic Personality Disorder (NPD) is a mental disorder where someone has an exaggerated sense of their own presence, a need for constant admiration from others and they also have a lack of empathy for anyone (Mayo Clinic). A couple questions I have include: How does social media effect society? How does social media have an effect on someone diagnosed with NPD, What are ways you can help someone with NPD, and what are some ways we canRead MoreIs Facebook Killing Our Souls?1588 Words à |à 7 Pagesââ¬Å"Social media allows people to connect with each other to create and share information. It is people-powered communication, an authentic dialogue motivated by a basic human desire to share informationâ⬠(CIPD, Social Media and Employee Voice Report 2013). ââ¬ËClickââ¬â¢ and my message is on its way to my friendââ¬â¢s Facebook inbox hundred of miles away. The astonishing speed of how quick we can communicate in todayâ⠬â¢s societies, all thanks to social media. The invention of Facebook simplified everything we knowRead MoreSocial Media And Its Impact On Society Essay1549 Words à |à 7 PagesSocial Media since its genesis in the late 1990ââ¬â¢s, has served as a tool used by millions of people (and growing exponentially) for many purposes inclusive but not limited to, promoting people, events, places , foods and ideas as well as aiding in communication. However, many may agree that with the advent of Social Media, came many other issues which have essentially resulted in far more harm to the world than good. On the other hand, others have also posited and praised Social Media as beingRead MoreSociopath Portrayed In Tv And Movies Vs. Real Life. Name.1683 Words à |à 7 PagesInstitution Sociopath portrayed in TV and movies vs. real life Introduction The word media is defined as the means or the channels of general communication in society, and it is used to store and deliver information data. Since the 20th century, there has been drastic growth in social media, computers, television, movies and the Internet, and the information passed in these media platforms influences peopleââ¬â¢s life. Media presentations are designed to attract a larger number of the audience rather than
My Agreement Essay Paper Example For Students
My Agreement Essay Paper With Steinbecks SuggestionSteinbeck suggests that in ?The Pearl ,which he wrote, desires of men and women tend to be quite different and I agree with it. Men and women have different thoughts and treated differently. It is true that men uses strength and women uses brains and that men always make troubles. In our society, usually men protect their women and children. With this in our minds, men and women feel themselves different, taught differently when they are born, and usually have different desires. We can learn from ?The Pearl that such as Kino, whom is the man, would start the trouble and pulls Coyotito, Whom is Kinosson, to death. But for Juana, the woman, knew something bad wasgoing to happen when she saw the pearlbut to not destroy her husband, Kino, s dreams, she keeps her mouth shut. I agree with Steinbecks suggestion in ?The Pearl that the desires of men and woman tend to be quite different. In my opinion, Men have strong pride and never want to loose especially in strength. As in ?The Pearl when Juana, who is Kinos wife, asked to throw the pearl that he found away, Kino only thought about winning and fighting. ?I will fight this thing. I will win over it. We will have our chance.? (P.57) Right after a bloodyfight with the man who was aiming for the pearl, Kino became selfish and forgot about his dreams. Only Juana knew that the pearl was evil and told. ?Kino, this pearl is evil. Let us destroy it before it destroys us. Let us crush it between two stones.? (P.56) But she did not want to make her husband disappointed and didnt beg him because sheknew that he will never give up the pearl. Like Juana, women cares about others feelings. In my opinion, men are also more didnt argue about this because she did not want to destroy Kinos dreams. Like Juana, women have passion which shows that women dont want to hurt others feelings. I also think that women are more careful than men. Women usually knows what they are doing, but men mostly make problems. When Kino said, ?I am a man.? (P.57) ?It meant that Kino would drive his strength against a mountain and plunge his strength against the sea. Juana in her womans soul, knew that the mountain would stand while the man broke himself; that the sea would surge while the mand drowned in it.? (P.59~60)This means that Juana knew that Kino is fighting with society and would collapse. Kino accepted this when Coyotito, Kinos son, died. This shows that men rush into things carelessly. I think that women desires of men and men desires of women. Like Juana loved and needed Kino and thought,?And yet it was this thing that made him a man, half insane and half god, and Juana had need of a man; she could not live without a man. Although she might be puzzled by these differences between man and woman, she knew them and accepted them and needed them? (P.60)As the quote explains that a women like Juana want and need a man like Kino. ? In Kinos head there was asong now, clear and soft, and if he had been able to speak of it, he would have called it the Song of the Family.?(P.2)The Song of the Family shows the love of his family, Juana and Coyotito. Kino fell in love with Juana and the love of needing shown in the Song of the Family. Therefore Men and women are have different thoughts and taught unequally. I figured what Steinbeck was trying to show about men and women how Juana and Kinos thoughts about the pearl were different. Juana had wise decisions which meant women dont makeproblems than men make.So I agree with Steinbecks suggestion thatoften selfish than woman. When Kino said, ?No one shall take our good fortune from us,? (p.57) he only thought about himself and made everyone his enemy. Juana desires of man and women tend to be quite different.
Southwest Airlines Business Model free essay sample
The airlines industry has historically been one of the most unprofitable industries. The reason can be explained when incorporating Michael Porterââ¬â¢s famous Five Forces Model. The threat of competition is Southwest Airlines Co. (NYSE: LUV) is an American low-cost airline based in Dallas, Texas, with its largest focus city at Las Vegas McCarran International Airport. It is the largest airline in the United States by number of passengers carried domestically per year and (as of December 31, 2007) also the largest airline in the world by number of passengers carried. It is also the 6th largest U.S. airline by revenue. [8] It also maintains the third-largest fleet of aircraft among all of the worlds commercial airlines. As of July 12, 2008, Southwest operates approximately 3,500 flights daily. Southwest Airlines has carried more customers than any other U. S. airline since August 2006 for combined domestic and international passengers according to the U. S. Department of Transportationââ¬â¢s Bureau of Transportation Statistics. [9] Southwest Airlines is one of the worlds most profitable airlines and in January 2008, posted a profit for the 35th consecutive year. Southwest Airlines was originally incorporated to serve three cities in Texas as Air Southwest on March 15, 1967, by Rollin King and Herb Kelleher. According to frequently-cited story, King described the concept to Kelleher over dinner by drawing on a paper napkin a triangle symboliziSouthwest Airlines founder Herb Kelleher studied California-based Pacific Southwest Airlines extensively and used many of the airlines ideas to form the corporate culture at Southwest, and even on early flights used the same Long Legs And Short Nights theme for stewardesses on board typical Southwest Airlines flights. The airline adopted the first profit-sharing plan in the U. S. airline industry in 1973. Through this plan and others, employees own about 10 percent of the company stock. ng the routes. (Dallas, Houston, San Antonio)[11] he rest of 1971 and 1972 saw operating losses. One of the four aircraft was sold to Frontier Airlines and the proceeds used to make payroll and cover other expenses. Southwest continued to operate a schedule predicated on four aircraft but using only three, and in so doing the ten minute turn was born, and was the standard ground time for many years. 16] Southwest turned its first annual profit in 1973, and has done so every year since ââ¬â a record unmatched by any other commercial airline. Southwest has used financial techniques such as fuel hedging to bolster its profitability and counteract many of the fiscal disadvantages of operating an airline. Fuel cost containment measures Southwest Airlines earned a reputation for being very aggressive and proactive about containing fuel costs as a key to maintaining profit margins. [19] With fuel being an airlines most important variable cost, Southwests measures have become a model for the industry. Hedging fuel Southwest has a longtime program to hedge fuel prices. It has purchased fuel options years in advance to smooth out fluctuations in fuel costs. In 2000, Southwest said it had adjusted its hedging strategy to utilize financial derivative instruments when it appears the Company can take advantage of market conditions. Additionally, the company hoped to take advantage of historically low jet fuel prices. SEC statement Southwests decision proved to be a prescient and, for a time, extremely profitable effort. To lock in the low historical prices Southwest believed were occurring at that time, Southwest used a mixture of swaps and call options to secure fuel in future years while paying prices they believed were low. The company also stated that with this new strategy, it faced substantial risks if the oil prices continued to go down, but they did not. Previously, Southwest had been more interested in reducing volatility of oil prices. Now, they hoped to reap large gains from oil price appreciation. In 2001, Southwest again substantially increased its hedging in response to projections of increased crude oil prices. The use of these hedges helped Southwest maintain its profitability during the oil shocks related to the Iraq War and later Hurricane Katrina. According to an annual report, here is the companys fuel hedge for forward years (approximate per barrel basis, as of mid-January): 2007 is 95% hedged at $50/barrel; 2008 is 65% hedged at $49/barrel; 2009 is over 50% hedged at $51/barrel; 2010 is over 25% hedged at $63/barrel; 2011 is over 15% hedged at $64/barrel; 2012 is 15% hedged at $63/barrel. According to its 2006 Annual Report, Southwest paid low prices for fuel thanks to the benefit of fuel hedges: â⬠¢2004 82. 8 cents/gallon â⬠¢2005 103. 3 cents/gallon â⬠¢2006 153. 0 cents/gallon These are well below market rates, which Southwest factors into its low operating costs. However, this below-market oil cost will not continue forever; executives have said that Southwest faces increased exposure to the raw oil market every year. This is not a good sign for the airline, which is also facing tough competition from US legacy carriers that have lowered costs through bankruptcy. Southwest CEO Gary Kelly has decided to slow the airlines growth as a response to this cost. Some analysts have argued against the style of profit-motivated energy trading Southwest did between 1999 and the early 2000s. They suggested that rather than hedging business risk, (such as a hedge on weather to a farmer), Southwest was simply speculating on energy prices, without a formal rationale for doing so.
Monday, April 20, 2020
Queen Isabella of Castile Essay Example
Queen Isabella of Castile Paper Queen Isabella of Castile Imagine being born into a place renewing and renovating its knowledge. Not only imagine this, but imagine being a part of the royal family. Imagine choosing a suitor, and then imagine being a queen. Now, when youââ¬â¢re imagining these things put yourself in their shoes. Deeply and thoroughly look into all the challenging responsibilities a queen must go through on a daily basis. Queen Isabella of Castile is such a shining prime example of powerful queen ship during the Renaissance. Isabella of Castile had blue eyes, chestnut-haired, and beautiful. She favored jewels and lovely gowns that she wore throughout her life. As heiress to the throne of Castile she had her pick of royal suitors. Her brother, King Henry IV of Castile, arranged a marriage to Don Carlos, the Prince of Viana. But before the final arrangements could be made, Don Carlos died. King Henry IV had tried to arrange other marriages to Isabella, but she had already chosen Ferdinand. Her brother was furious. He threatened to throw her into the dungeon. Because of her powerful supporters, he knew he could not do that. Instead, he made her promise that she wouldnââ¬â¢t make any arrangements until after he returned from Andalusia. However, as soon as her brother left she began to make arrangements with Ferdinand. However, she had to find him. So she sent out noblemen to search for him and he was finally found in Sicily, Italy. He braved a trip back to Spain and married Isabella in 1469. This began the thirty-five year joint rule of a unified Spain by the Catholic Monarchs. We will write a custom essay sample on Queen Isabella of Castile specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Queen Isabella of Castile specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Queen Isabella of Castile specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Isabella had five children with Ferdinand which include: Isabella, Queen of Portugal, John, Prince of Asturias, Joanna I, Queen of Castile, Maria, Queen of Portugal, and Catherine, Queen of England. Isabella is famous for many important things. The most famous would be her sponsorship for Christopher Columbus to sail across the Atlantic Ocean in hopes to find a way to get to India. In 1492, Isabella was convinced by Christopher Columbus to sponsor his voyage of discovery. By the traditions of the time, when Columbus discovered lands in the New World, they were given to Castile. Isabella took a special interest in the Native Americans of the new lands. When some of them were brought back to Spain as slaves she insisted they be returned and freed, and her will expressed her wish that the Indians be treated with justice and fairness. Another important thing she is famous for is the Inquisition in Spain, one of many changes to the role of the church instituted by the monarchs. The Inquisition was aimed mostly at Jews and Muslims who had overtly converted to Christianity but were thought to be practicing their faiths secretly. Isabella and Ferdinand proceeded with their plans to unify all of Spain by continuing a long-standing effort to expel the Muslims who held parts of Spain. In 1492, the Muslim Kingdom of Granada fell to Isabella and Ferdinand. That same year, all Jews in Spain who refused to convert to Christianity were expelled by royal edict. Queen Isabella of Castile is such a shining prime example of powerful queen ship during the Renaissance. She had disagreements with her brother, married Ferdinand, sponsored a voyage to The New World, and started the Spanish Inquisition. So how would you like to be a queen during the Renaissance, again?
Wednesday, April 15, 2020
Introduction of the Compare and Contrast Essay Sample
Introduction of the Compare and Contrast Essay SampleThe introduction of the compare and contrast essay sample is often seen as a problem for students. However, it is not always the case as it can actually work in your favour if you do use it.The introduction of the compare and contrast essay sample usually focuses on a specific topic. This usually involves defining the contents of the essay. In most cases, the focus is also on a certain period in time.It is important that you get a brief description of the essay so that you can ensure that the information you will need will be available for you. Many times, the essay sample will provide some basic information on the essay and what it is about.It is essential that you think about the final result and decide which parts will be included in the essay. The most common situation where the introduction of the compare and contrast essay sample is used is when a student is trying to get their essay published. You need to be prepared to writ e an impressive article and want to ensure that you take a good look at the introduction before you begin writing.You must ensure that you get your article written at a level where you can achieve a really impressive article. This means that you need to be able to make use of key words in your essay. This is an essential part of the overall structure of the essay and the outline of the article.In order to take the best possible approach to the introduction of the essay, it is essential that you create an outline for the article. It is important that you write out the outline and then start to write the essay so that you have an idea of what the content is going to be about. It is also important that you make sure that you are not going to forget a key word in the content.The introduction of the compare and contrast essay sample usually focuses on the introduction and conclusion of the essay. The main aim of the essay is to demonstrate that the student has used a particular keyword t o help with the piece. To achieve this, the student will need to be able to use these keywords to achieve the desired results.If you are taking this approach to writing your essay, you are doing well. The introduction of the compare and contrast essay sample is one of the most common ways to get your essay accepted.
Sunday, March 15, 2020
The uk authorities and the cfa criminal law and civil law The WritePass Journal
The uk authorities and the cfa criminal law and civil law Introduction The uk authorities and the cfa criminal law and civil law IntroductionBIBLIOGRAPHYRelated Introduction Insider dealing is considered to be legally and morally wrong by the UK authorities and the CFA. In UK, both criminal law and civil law cover the regulation for insider dealingï ¼Å'many investment analysts who are the members of CFA Institute behave under the CFA Code of Ethics and Standards of Professional Conduct. Before the description and effectiveness analysis of UK laws and CFA ethical rules which regulate insider dealing, it is necessary to discuss the reasons for regulating insider dealing. Although there are many arguments and reasons against regulation, it is generally acknowledged that insider dealing is detrimental to common investors, listed companies and stock market. Firstly, stock market is a just, fair and open market, but insider dealing violates this essential principle. With a convenience access to insider information, some use the information to trade in the market, it is not fair for other investors without access to insider information; Insider dealing makes the few profitable and the great majority unprofitable, it is not just; Insider information is not public and open for every investors. Secondly, insider dealing causes losses for investors by misleading them. To some extent, this would discourage investment by undermining investor confidence in stock market and even scare investors away. Thirdly, insider dealing does incalculable harm to reputation and market value of company. When a company scandal of insider dealing is exposed publicly, investors p robably believe that they have been treated unequally even cheated by this company, so investors will lose confidence in this company, causing damages to company reputation. Moreover, common investors lack of capital, time and professional skill, on purpose of risk reduction, they are willing to buy stock of the company with good reputation and without scandals of insider dealing. For the whole stock market, if there are no regulations for insider dealing, it cannot function normally and healthily, because investors will lose confidence in the fairness and profitability of stock market and then decrease and even stop doing transactions to prevent them from being victims of insider dealing. Finally, insider dealing may bring about moral hazard problem. Overall, there is no doubt that regulations for insider dealing are essential. In UK, insider dealing is regulated under the criminal law by Part V of the Criminal Justice Act 1993 (ââ¬Å"the 1993 Actâ⬠). The structure of part V of ââ¬Å"the 1993 Actâ⬠is shown below: Table of Contents of part V of ââ¬Å"the 1993 Actâ⬠1 The offence of insider dealing 52. The offence. 53. Defences. Interpretation 54. Securities to which Part V applies. 55. ââ¬Å"Dealingâ⬠in securities. 56. ââ¬Å"Inside informationâ⬠, etc. 57. ââ¬Å"Insidersâ⬠. 58. Information ââ¬Å"made publicâ⬠. 59. ââ¬Å"Professional intermediaryâ⬠. 60. Other interpretation provisions. Miscellaneous 61. Penalties and prosecution. 62. Territorial scope of offence of insider dealing. 63. Limits on section 52. 64. Orders. S52 and S53 state the general definition of the offence of insider dealing, and in what circumstances, an individual who has information as an insider is (not) guilty of insider dealing. If an individual who has information as an insider, in the circumstances mentioned in subsection (3), deals in securities that are price-affected securities in relation to the information; encourages another person to deal in those securities; discloses the information to another person improperly, he is guilty of insider dealing.2 If an individual has information as an insider shows that he did not at the time expect the dealing to result in a profit; he believed on reasonable grounds that the information had been disclosed widely; he would have done what he did even if he had not had the information; he did not at the time expect any person, because of the disclosure, to deal in securities in the circumstances mentioned in subsection (3), he is not guilty of insider dealing.3 The sections of ââ¬Å"Interpretationâ⬠expound the definition and explanation of several terms for the purposes of this Part. Briefly speaking, these sections tell us what are securities and ââ¬Å"dealingâ⬠in securities mentioned in this part; what is ââ¬Å"insider informationâ⬠and information ââ¬Å"made publicâ⬠; who is ââ¬Å"insiderâ⬠and ââ¬Å"professional intermediaryâ⬠; interpretations of other terms such as ââ¬Å"regulated marketâ⬠, ââ¬Å"issuerâ⬠, ââ¬Å"companyâ⬠and ââ¬Å"public sector bodyâ⬠. S61 states the penalties for an individual guilty of insider dealing: on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding six months or to both; on conviction on indictment, to a fine or imprisonment for a term not exceeding seven years or to both.4 It also states that proceedings for offences under this Part shall be instituted in England and Wales by or with the consent of the Secretary of State or the Director of Public Prosecutions.5 S62 states that an individual is guilty of an offence of insider dealing if: he was within the United Kingdom at the time of alleged dealing; the regulated market on which the dealing is alleged to have occurred is regulated in the United Kingdom; the professional intermediary was within the United Kingdom at the time of the offence committed; the alleged recipient of the information or encouragement was within the United Kingdom at the time of receiving the information or encouragement.6 In UK, the system of civil law of insider dealing involves legislations of ââ¬Å"Financial Services and Markets Act 2000(FSMA)â⬠, ââ¬Å"The Code of Market Conduct of FSA (Financial Services Authority)â⬠and ââ¬Å"The Market Abuse Directive Instrument 2005 of FSAâ⬠. First of all, Part VIII of ââ¬Å"FSMAâ⬠created the ââ¬Ëcivil offenceââ¬â¢ of ââ¬Å"market abuseâ⬠which includes insider dealing. According to Section 1 in Part I of ââ¬Å"FSMAâ⬠, the body corporate known as the Financial Services Authority (ââ¬Å"the Authorityâ⬠) is to have the functions conferred on it by or under this Act.7 This means that ââ¬Å"FSAâ⬠is the regulator of the financial services industry in the UK, given statutory powers by the Financial Services and Markets Act 2000. Part VIII of ââ¬Å"FSMAâ⬠states the general definition of market abuse, and gives the authority power to prepare and issue a code containing such provisions as the Authority consi ders will give appropriate guidance to those determining whether or not behaviour amounts to market abuse,8 and to impose penalties in cases of market abuse. It also gives the authority power to investigate and court power to impose penalty in cases of market abuse. In the next place, ââ¬Å"The Code of Market Conductâ⬠given by FSA provides us the descriptions of different behaviours of market abuse. As the description stated in ââ¬Å"The Code of Market Conductâ⬠, insider dealing is where an insider deals, or attempts to deal, in a qualifying investment or related investment on the basis of inside information relating to the investment in question.9 In the sector of MAR 1.3 Market abuse (insider dealing), it provides several descriptions of behaviours and relevant factors and some examples of insider dealing, which give appropriate guidance to those determining whether or not behaviour amounts to insider dealing. Finally, about ââ¬Å"The Market Abuse Directiveâ⬠, ââ¬Å"FSAâ⬠makes this instrument in the exercise of the powers and related provisions in relevant sections of the Financial Services and Markets Act 2000 and defining terms of market abuse. Overall, ââ¬Å"FSMAâ⬠is a frame Act, and gives the power to ââ¬Å"FSAâ⬠to publish the ââ¬Å"Code on Market Conductâ⬠which has been amended to implement the ââ¬Å"Market Abuse Directiveâ⬠. As a professional organisation, CFA Institute has issued self regulatory ââ¬Å"Code of Ethics and Standards of Professional Conductâ⬠for their members and candidates. In the first place, standard I (A) provides that members and candidates must understand and comply with all applicable laws, rules, and regulations of any government, regulatory organization, licensing agency, or professional association governing their professional activities. In the event of conflict, members and candidates must comply with the more strict law, rule, or regulation. Members and candidates must not knowingly participate or assist in and must dissociate from any violation of such laws, rules, or regulations.10 So the members and candidates of CFA in UK are responsible for understanding and complying with UK criminal law and civil law of insiderdealing. Next, standard II (A) provides that members and candidates who possess material nonpublic information that could affect the value of an investment must not act or cause others to act on the information.11 According to S56 of the ââ¬Å"1993 Actâ⬠, the material nonpublic information that could affect the value of an investment is insider information, and according to S57 of the ââ¬Å"1993 Actâ⬠, those members and candidates who possess insider information are insiders. Specifically, guidance for Standard II (A) gives members and candidates of CFA below contents for more attention. (1)Members and candidates must be particularly aware of information that is selectively disclosed by corporations to a small group of investors, analysts, or other market participants. Information that is made available to analysts remains nonpublic until it is made available to investors in general. Corporations that disclose information on a limited basis create the potential for insider trading violations.12 (2)Issues of selective disclosure often arise when a corporate insider provides material information to analysts in a briefing or c onference call before that information is released to the public. Analysts must be aware that a disclosure made to a room full of analysts does not necessarily make the disclosed information ââ¬Å"publicâ⬠. Analysts should also be alert to the possibility that they are selectively receiving material nonpublic information when a company provides them with guidance or interpretationof such publicly available information as financial statements or regulatory filings.13 (3) A financial analyst gathers and interprets large quantities of information from many sources. The analyst may use significant conclusions derived from the analysis of public and nonmaterial nonpublic information as the basis for investment recommendations and decisions even if those conclusions would have been material inside information had they been communicated directly to the analyst by a company. Under the ââ¬Å"mosaic theory,â⬠financial analysts are free to act on this collection, or mosaic, of inf ormation without risking violation.14 Part V of the Criminal Justice Act 1993 defines insider dealing as criminal offence, it is universally known that criminal offence is very severe illegal-activity, so to some degree just the existence of this criminal law of insider dealing can stifle some criminal offences of insider dealing. In event of insider dealing, this criminal would punish an individual who committed insider dealing to indirectly protect other investors without any compensation, but this indirect protection is not effectively enough. When control rights are concentrated, the restrictions may simply transfer profits from insiders to informed outsiders, leaving uninformed investors no better-off, unless the regulator ensures a concomitant improvement in investor protection standards.14 On the other hand, there are some problems and difficulties enforce this criminal law. First, insider dealing is happened in private and secret by just a phone call, a chat or something which do not leave any actual evidence, so if without effectively investigative techniques it is very difficult to detect or to collect evidence. Even though this can be done, the process will be costly. Moreover, for an individual who seriously committed insider dealing, fines and seven-year sentences is too light when compared with millions of pounds profit. UK civil law in some cases supplements criminal law, FSA can impose penalties of return of profit and restitution for those who can establish loss, but actually few victims can prove loss. CFA code of ethics and standards are self-regulations which have their own strengthens and weaknesses. There are six factors of self-regulation strengthen: flexibility, speed, expertise, acceptance, cost-efficiency, cross-border application, and of its weaknesses: contestability of markets, competitive distortions, insufficient scope, inadequate enforcement, regulatory arbitrage, conflicts of interest.15 Total word: 1912 (excluding word count, references, footnotes, endnotes, and bibliography) BIBLIOGRAPHY Part V of the Criminal Justice Act 1993 Part I of the Financial Services and Markets Act 2000 Part VIII of the Financial Services and Markets Act 2000 The Code of Market Conduct in Financial Services Authority Handbook Market Abuse Directive Instruments of Financial Services Authority CFA Study Session 1 Eva Hupkes, Journal of Business Law 2009 Regulation, self-regulation or co-regulation? Art A. Durnev and Amrita S. Nain, The Effectiveness of Insider Trading Regulation Around the Globe
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