جستجوی مقالات مرتبط با کلیدواژه "stakeholders" در نشریات گروه "فقه و حقوق"

Pension funds play a crucial role in Iran by providing retirement provisions through paying pension benefits to retirees and their eligible survivors. However, the pension funds currently experience a critical situation due to a significant disparity between their financial resources and pension liabilities. This crisis stems from several factors, including the generosity of pension programs (in terms of retirement age and conditions and scope of support for survivors), demographic changes, and increased life expectancy leading to more pensioners and fewer contributors. Additionally, the challenges such as low returns on investment; transference of loss-making enterprises to the funds in order to settle government debts; and structural, governance, and management issues have exacerbated the situation.In fact, the primary factor contributing to the current crisis is the inefficiency of laws and regulations governing the Social Security Organization (SSO) and the Civil Servant Pension Fund (CSPF). The existing regulations on the governance of pension funds have changed the government’s role from regulator and guarantor to an intervening party. Consequently, most fund managers are appointed by the government, which sidelines beneficiaries and stakeholders from the governance process. Such a governmental structure, coupled with the lack of stakeholder involvement, exacerbates the problem of representation arising from the separation of ownership and management. This issue manifests itself not only in the traditional form but also in the political form.To address the problem of representation in pension funds requires supervision and increased stakeholder participation in fund management in order to enhance transparency, accountability, and managerial accountability. Therefore, it is crucial to revise laws and regulations to empower stakeholders’ role in the administration of pension funds. In this respect, the present study aimed to analyze the deficiencies in the laws and regulations on the governance and management of pension funds in Iran through the lens of corporate governance principles and mechanisms.

The regulations on the governance and management of pension funds play a crucial role in their performance. Establishing procedures and processes that promote good governance in pension funds can significantly contribute to the prevention and resolution of the current crisis. In this respect, corporate governance and its principles and mechanisms can serve as a vital tool for assessing the governance and management of pension funds. Pension funds in Iran, particularly SSO and CSPF, lack indicators of good governance in line with the corporate governance principles. The stakeholder involvement in company management, a fundamental right contributing to the mitigation of representation problems, is largely absent from the governance structure of Iran’s pension funds. Moreover, there are no legal requirements mandating transparency and reporting of the performance of pension fund managers. Additionally, the failure to recognize managers’ legal responsibility for their decisions, often influenced by their political affiliations, exacerbates the lack of accountability on the part of managers.

The present study used a descriptive–analytical method to address the research questions.

Considering the corporate governance mechanisms, Iranian pension funds (esp. SSO and CSPF) lack optimal conditions. The independence of the board of directors, a crucial aspect of corporate governance aimed at achieving its goals and principles, is fundamentally absent in Iranian pension funds. Moreover, the supervisory structure of pension funds fails to consider tripartism and the role of stakeholders. In addition, the absence of independent audit and actuarial committees within the supervisory framework severely undermines its effectiveness.The Audit Organization is tasked with auditing pension funds as per Paragraph (d) of Article (17) of Act on Structure of Welfare and Social Security Comprehensive System. However, the Audit Organization lacks the necessary independence and impartiality due to its governmental affiliation. Furthermore, the absence of official actuarial mechanisms to calculate the resources and liabilities of the funds, their exclusion from the establishment of rules and regulations related to fund liabilities, and the lack of public disclosure of report results to stakeholders and beneficiaries all have contributed to increased pension liabilities and financial instability of Iranian pension funds.

Subordination of commercial companies to the rules and principles of corporate law confirms that the dominant of formalism in this area is a necessity for stakeholder, managers and supervisors activates and with considering the Jus Cogens norms in this field, the stakeholders can not withdraw their capital stock from the corporate unless in framework of laws and charter. Therefore, the domination of rules and charter principles may create some obstacles and challenges on stakeholders or managers. Respect to human codes and obligate to social responsibility is the examples of above mentioned challenges. In this line, the relationship between merchandising (business) companies and social responsibility concept is so important. Meanwhile the domination and scope of corporates laws is not inclusive and generally in confronting between stakeholder’s interests and respects to socially responsibility, corporates interests to be chosen. Absolutely, it doesn’t mean a deadlock for considering the social responsibility by corporates. There are two approaches for interpretation. Although corporate it in self-nature obeys rules to achieve profits but limiting them to the function of profitability creates ambiguities about accepting social responsibility. The ambiguities on social responsibility in corporates can be managed and removed by utilizing human and international standards along with rule of law, corporate governance and as well as conventional tools.

Although the growth of economic enterprises leads to the development of a country's economy, the negative effects of their activities on the environment cannot be neglected. In addition, the unusual behavior of humans towards the environment cannot be ignored. The main cause of these behaviors is rooted in human self-interest, and this is despite the fact that in the Holy Qur'an, man is prohibited from these behaviors because he is the caliph on earth and the environment is in his hands.
This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
In the Clean Air Law of 2016, in order to protect the environment, regulations such as the use of financial instruments and the beautification of cities have been approved. In the 2015 Chinese environmental law, measures such as the need to launch a campaign and consult with specialized lawyers have been identified.
In the legal system of both countries, despite the differences in the way of protecting the environment, similarities are also seen. Among other things, in both systems, attention has been paid to making the provisions of fines more efficient and updated.

Companies as a powerful economic entity have many stakeholders. The optimal situation of the company is the time that the stakeholders, interests are balanced and the welfare of all of them is achieved, but different factors such as the stakeholders’ risk-taking and self-interest prevent this equilibrium and create a conflict of interests. The conflicts may arise between the stakeholders of one group or between the stakeholders of different groups, and cause many problems like agency costs, distrust to company entity and inability to absorb the minority wealth.
This study relies on the library research findings and up-to-dated statistical data. The legal and economic analyses are the base of this paper.
The results imply that the Company Law tries to reduce the agency costs by giving supervision regulation and control tools to the stakeholders. Furthermore, it supports some stakeholders by granting right to the minority shareholders in several articles, and finally, includes all of the stakeholders under its support by setting out mandatory regulations; however, some of these provisions have not past efficiency in accordance with the circumstances of this decade.

Supervision of insurance in all states is carried out for the purpose of development and evolution of insurance market. However، the method and field of supervision is different in states in relation to time and law and national development structure. The function of insurance in relation to creation of security and continuance of economic and social activities and development of social justice and wealth is very important. One of the most important methods for supervision of insurance companies is corporate governance for insurer companies. For this purpose، we need legal means andinfrastructure. This article intends to study the law of Iran in relation to corporate governance for insurer companies for the first time.