Opening remarks by Emmanuel Maurice, General Counsel: The Corporate
Goverance Seminar
London, 23 September 2003
I would like to welcome you all to today's seminar. The main purpose of this
event is to share with you the results of our Corporate Governance Sector
Assessment Project and to discuss corporate governance issues arising from our
assessment.
The Corporate Governance Sector Assessment is a new tool developed by the EBRD
for assessing the state of legal transition in Eastern Europe and the CIS. It
focuses on the "laws on the books", i.e. it analyses the quality of
legislation vis-à-vis the standards set by the OECD Principles of Corporate
Governance.
Of course, laws on the books are only one part of the story, and in order to
paint a fair picture, there is a need to also consider implementation of the
laws in practice. The Bank has developed other tools to assess this aspect:
since 1995 the Legal Indicator Survey has tested the perception of local
practitioners and has allowed the Bank to assess the effectiveness of laws in
the region.
The concept of good corporate governance is at the heart of all our activities
here at EBRD but principally in the activities of EBRD as a financier and as a
law reformer.
As a financier, EBRD is very interested in promoting better standards of
corporate governance because it typically acquires minority shareholders
positions in its investments or often co-invests with minority shareholders.
Strong corporate governance practices are directly related to the "sound
banking principles" that the Bank is using in its investment operations.
As a law reformer, the Bank is also actively engaged in promoting better
corporate governance rules at country level, the most recent achievement being
the assistance provided in 2002 to the Russian Federal Commission for
Securities Markets in developing a Corporate Governance Code. The Code is
broadly based on the OECD Principles of Corporate Governance.
In a moment, my colleagues will present the results of the Corporate
Governance Sector Assessment, and will explain how factors such as legislative
history, legal tradition or even EU accession prospects have had an impact on
the quality of corporate governance legislation in our region.
You will see that the assessment results can be surprising at times; they
reveal how some countries which are less advanced in economic or transition
terms have put in place quasi state-of-the-art legislation, and others which
are faring better in economic terms still need to improve their laws on the
books. All this complex environment has been analysed in detail and will be
presented to you now.
Now, I would like hand over to Gerard, who will introduce the speakers of
today's seminar. Once again, welcome to EBRD and I hope you will find this
seminar useful.