Financial Regulation and Supervision in Corporate Governance of Banks

JOURNAL OF CORPORATION LAW 41, no. 3 (2016): 707-26.

U of Michigan Law & Econ Research Paper No. 15-014

20 Pages Posted: 4 Sep 2015 Last revised: 25 May 2017

See all articles by Hwa-Jin Kim

Hwa-Jin Kim

Seoul National University School of Law; University of Michigan Law School

Date Written: April 2016

Abstract

This Essay discusses and analyzes the role of financial regulation and the state’s interference through financial supervision with corporate governance of banks from economic and political perspectives. It suggests that the limits of corporate law and financial regulation cause the state to use financial supervision as the effective tool for such interference. This Essay also argues that the stakeholder model cannot legitimize the state’s intrusion into the corporate governance of private banks through such non-legal measures as financial supervision. It looks into the alternative mechanisms in corporate law and financial regulation for the enhancement of corporate governance of banks from a comparative perspective.

JEL Classification: K34

Suggested Citation

Kim, Hwa-Jin, Financial Regulation and Supervision in Corporate Governance of Banks (April 2016). JOURNAL OF CORPORATION LAW 41, no. 3 (2016): 707-26.; U of Michigan Law & Econ Research Paper No. 15-014. Available at SSRN: https://ssrn.com/abstract=2655024 or http://dx.doi.org/10.2139/ssrn.2655024

Hwa-Jin Kim (Contact Author)

Seoul National University School of Law ( email )

San 56-1 Kwanak-gu, Shilim-dong
Seoul
Korea

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

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