Is Corporate Governance an outdated process?


The corporate world has been constantly shaken by events of fraud, disaster, corruption, wrong decisions, out-of-mission strategies, and others. These events put the governance structure in doubt, because with few exceptions, these companies that are or have been in the media counted on or rely on robust governance structures.

Then comes the question whether the governance structure or principles are outdated and should be changed as they are no longer effective.

In this article I would like to demonstrate that the problem is not the structure, but the attitude and awareness of governance existing in organizations.

We know that governance is historically a response to agency conflict, and in a simple way governance is the process by which organizations are managed and monitored in pursuit of the decision-making balance between shareholder, board and executive. Its principles are: transparency, fairness, accountability and corporate or social responsibility.

In order for governance to exist, it is necessary for the organization to have a robust and integrated risk management process, which, in its turn, needs to be supported by an effective system of internal controls, including in this point, the existence of a proactive audit activity aligned to the business.

A strong integrity program based on ethical value and principles ​​is imperative for the composition of the corporate governance structure.

Well, this whole structure becomes a great fiction if there is no real commitment, attitude and awareness of governance by the part of the decision makers, especially those who are in the highest positions of the company structure, like C-level and Board.

Before to have a governance structure, there must be the governance attitude and consciousness in the corporation, because without it the whole governance process loses its effectiveness. There must be an unrestricted commitment to good management practices, ethical values ​​and respect for all related parties.

The board should be active and independent, but it should also encourage and provide a conducive internal environment for risk awareness to be at all decision-making levels within the organization.

The Board must provide support to the second line of defense, which aims to support management in fulfilling its responsibility to improve the performance of its activity through the management of risks and internal controls, providing effectiveness and operational economics; to also support internal auditing, which as a third line of defense aims to add value to the corporation through the independent assessment of risk management, control and governance.

In turn, the leaders, in conjunction with the board, should clearly and transparently define the company's risk appetite in order that risk responses should be in line with this. Remembering that risk appetite for legal non-compliance, acts out of ethical values, and when there is risk of accident that could lead to death, should be zero.

Different from structure, governance consciousness must reach all organizational levels and need to be developed through organizational culture, which means long process with long maturation, needing to be constantly worked and evaluated.

This process should encourage and develop the managerial attitude guided by the best practices of risk management, compliance and internal controls, and in this regard the attitude of the top management, especially the C-Level is the extreme importance, as it should be the example of behavior and desired attitude.

Everyone who is part of an organization, who is governed by corporate governance, must be fully aware of the importance of their attitudes towards the organization's success and sustainability, and that they must comply with the legal, ethical and practice.

Be happy!


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