Conflict of interest and the Principal-Agent relationship
Conflict of interest is defined in Walton and Henderson (2005) as circumstances in which some interest of a person has an inclination to be at odds with the consistent exercise of his discernment in another’s interest. The idea of conflict of interest in that perception touches on positions of decision-making with a practical importance such as a company management’s discussion and acceptance of a decision and determinations of a board of directors of a business establishment. Hence, the conflict is a psychological one resulting from within a human or organization that is authorized to make decisions (p.4-7).
Fiduciary Obligations
The most common fiduciary duties are the requirements to act in the principal’s interest and the duty of honesty. For example, most company codes of conduct requires the board of directors and the management to carry out their duties with all necessary care and be truthful to the interests of the business establishment. This requirement goes line in line with the corporation law that terms this as interest of the company. The company’s interest, in that legal set up is all interests that the management has to consider when performing its duties on behalf of the
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There are several ways through which conflicts of interest can be averted. One is by exhaustively researching potential employees, potential customers and business partners. Two, business establishments avert conflict of interest involving personal interests and the company by establishing a code of ethics and or company policies that disallows extraprofessional dealings within the company. Prohibiting such dealings or relationships greatly cuts down the possibility of conflict of interest arising (Tricker, 2012, p.29-33). The company codes of conduct cover the issues indicated in the illustration
Every day people make decisions that may have profound effect on their personal and/or professional lives as well as the lives of others. The decision people make have a foundation on their personal, cultural, and perhaps organizational values. When these values are in disagreement, an ethical dilemma occurs.
RULE OF LAW: Corporate promoters owe a fiduciary duty to one another, the company, its
The final category is conflict of interest. A conflict of interest occurs when an employee has an undisclosed economic benefit in a situation. For example, maybe the employee has a family member who works for one of the companies bidding on a project. If the employee knows that the family member will benefit and does not disclose the information to his superior than that is a conflict of interest.
“Unethical thinking is not just “bad business”; it is an invitation to disaster in business, however rarely (it may sometimes seem) unethical behavior is actually found out and punished” (Solomon, 1997:17) An ethical dilemma happens when an intricate circumstance which often originates from a struggle amongst the moral requirements of two persons.
conflicts of interest can have long lasting detrimental affects on the company. To this end,
“A conflict of interest arises when a trustee has an interest that conflicts with the interest of the organization”. (American Medical Association, 2010).
The treatment of conflicts of interest and other ethical dilemmas that may arise in investment decisions.
All staff members have responsibilities with respect to our Company and its stockholders. Accordingly, staff members must avoid situations that create a conflict of interest or the appearance of a conflict of interest with the Company. A conflict of interest often arises when an individual’s personal interests conflict with those of the Company.
Diworth, J. Perterson & Seligman, (2004). The Ethical Importance of Conflicts of Interest: Accounting and Finance Examples. Business & Professional Ethics Journal, 3(1), 25-40.
It is a relevant ethical dilemma because it is a situation in which an ethical decision needs to be made by a businessman (CFO of Gabriel Resources) where viable options to this case are available which will be judged further in this essay by applying ethical theory and concepts.
Ethical theory fails to provide a solution when there is a conflict of interest. A moral theory
Fiduciary Principle. As part of the legal structure of a business organization, each officer and director of a company has a legal fiduciary duty to act in the best interest of the stakeholders and other employees within the firm. Furthermore, there is also an implied fiduciary duty for every employee within the organization to also act in a way that
Our employees are expected to follow and practice high ethical standards, and to avoid situations that create an actual or potential conflict of interest between the employee’s personal interests and that of Bulsho Group. A conflict of interest exists when the employees actions as are advise to Bulsho Group. Even that appearance of conflict of interest must be deterred. Bulsho Group may take Corrective Action process may be taken or may end your employment immediately upon violation. Conflicts of interests may include accepting money or access to potential suppliers and vendors of goods and services.
Conflict of interest- any relationship, that is not in the best interest of the organization.
Economic science teaches us that due to their subjective needs, individuals have subjective preferences, and hence different interest. Occasionally different subjective interests give rise to conflicts of interest between contracting partners. These conflicts of interest may result in turn, in one or both parties undertaking actions that may be against the interest of the other contracting partner. The primary reason for the divergence of objectives between managers and shareholders has been attributed to separation of ownership (shareholders) and control (management) in corporations. As a consequence, agency problems