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Corporate Fraud & Corruption Annual Review 2016 - entrevista a Rafael HuamánEY Perú
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Esta edición cuenta con una entrevista a Rafael Huamán, Socio Responsable del Área de Anticorrupción y Prevención de Fraude de EY Perú.
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Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
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Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
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Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
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Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
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3. Public outcry at corruption, impunity and economic
instability sent shockwaves around the world in 2011.
Protests in many countries have escalated quickly from
small scale action to mass demonstration, uniting people
from all parts of society. Their backgrounds may be
diverse, but the message is the same: more transparency
and accountability from our leaders is needed.
The 2011 Corruption Perceptions Index shows
that public frustration is well founded. No region or
country in the world is immune to the damages of
public-sector corruption, the vast majority of the 183
countries and territories assessed score below five on
a scale of 0 (highly corrupt) to 10 (very clean).
New Zealand, Denmark and Finland top the list, while
North Korea and Somalia are at the bottom.
“This year we have seen corruption on protestors’
banners be they rich or poor. Whether in a Europe
hit by debt crisis or an Arab world starting a new
political era, leaders must heed the demands for The Corruption Perceptions Index ranks countries
better government,” said Huguette Labelle, Chair of according to their perceived levels of public-sector
Transparency International. corruption. The 2011 index draws on different assessments
and business opinion surveys carried out by independent
Public-sector governance that puts the interests of
and reputable institutions. The surveys and assessments
its citizens first is a responsibility that is not restricted
used to compile the index include questions relating
to any border. Governments must act accordingly.
to the bribery of public officials, kickbacks in public
For their part, citizens need to continue demanding
procurement, embezzlement of public funds, and
better performance from their leaders. If we work
questions that probe the strength and effectiveness of
together, the situation shown by this year’s Corruption
public-sector anti-corruption efforts.
Perceptions Index can improve. These are our Huguette Labelle
countries and our future. Perceptions are used because corruption – whether Chair, Transparency International
frequency or amount – is to a great extent a hidden
activity that is difficult to measure. Over time,
perceptions have proved to be a reliable estimate
of corruption. Measuring scandals, investigations or
prosecutions, while offering ‘non-perception’ data,
reflect less on the prevalence of corruption in a
country and more on other factors, such as freedom
of the press or the efficiency of the judicial system.
The Corruption Perceptions Index complements
Transparency International’s many other tools that
measure corruption and integrity in the public and
private sectors at global, national and local levels.
For detailed information on the 2011 Corruption
Perceptions Index please visit www.transparency.org
4. SCORE
VERY 9 - 10
CLEAN
8 - 8.9
7 - 7.9
6 - 6.9
CORRUPTION
5 - 5.9
4 - 4.9
3 - 3.9
2 - 2.9
PERCEPTIONS HIGHLY
CORRUPT
1 - 1.9
0 - 0.9
No data
INDEX 2011
THE PERCEIVED LEVELS OF
PUBLIC-SECTOR CORRUPTION
IN 183 COUNTRIES/TERRITORIES
AROUND THE WORLD
RANK COUNTRY/TERRITORY SCORE RANK COUNTRY/TERRITORY SCORE RANK COUNTRY/TERRITORY SCORE RANK COUNTRY/TERRITORY SCORE
1 New Zealand 9.5 25 France 7.0 46 Mauritius 5.1 69 Samoa 3.9 95 India 3.1 120 Bangladesh 2.7 143 Belarus 2.4 168 Angola 2.0
2 Denmark 9.4 25 Saint Lucia 7.0 49 Rwanda 5.0 73 Brazil 3.8 95 Kiribati 3.1 120 Ecuador 2.7 143 Comoros 2.4 168 Chad 2.0
2 Finland 9.4 25 Uruguay 7.0 50 Costa Rica 4.8 73 Tunisia 3.8 95 Swaziland 3.1 120 Ethiopia 2.7 143 Mauritania 2.4 168 Democratic Republic 2.0
4 Sweden 9.3 28 United Arab Emirates 6.8 50 Lithuania 4.8 75 China 3.6 95 Tonga 3.1 120 Guatemala 2.7 143 Nigeria 2.4 of the Congo
5 Singapore 9.2 29 Estonia 6.4 50 Oman 4.8 75 Romania 3.6 100 Argentina 3.0 120 Iran 2.7 143 Russia 2.4 168 Libya 2.0
6 Norway 9.0 30 Cyprus 6.3 50 Seychelles 4.8 77 Gambia 3.5 100 Benin 3.0 120 Kazakhstan 2.7 143 Timor-Leste 2.4 172 Burundi 1.9
7 Netherlands 8.9 31 Spain 6.2 54 Hungary 4.6 77 Lesotho 3.5 100 Burkina Faso 3.0 120 Mongolia 2.7 143 Togo 2.4 172 Equatorial Guinea 1.9
8 Australia 8.8 32 Botswana 6.1 54 Kuwait 4.6 77 Vanuatu 3.5 100 Djibouti 3.0 120 Mozambique 2.7 143 Uganda 2.4 172 Venezuela 1.9
8 Switzerland 8.8 32 Portugal 6.1 56 Jordan 4.5 80 Colombia 3.4 100 Gabon 3.0 120 Solomon Islands 2.7 152 Tajikistan 2.3 175 Haiti 1.8
10 Canada 8.7 32 Taiwan 6.1 57 Czech Republic 4.4 80 El Salvador 3.4 100 Indonesia 3.0 129 Armenia 2.6 152 Ukraine 2.3 175 Iraq 1.8
11 Luxembourg 8.5 35 Slovenia 5.9 57 Namibia 4.4 80 Greece 3.4 100 Madagascar 3.0 129 Dominican Republic 2.6 154 Central African Republic 2.2 177 Sudan 1.6
12 Hong Kong 8.4 36 Israel 5.8 57 Saudi Arabia 4.4 80 Morocco 3.4 100 Malawi 3.0 129 Honduras 2.6 154 Congo Republic 2.2 177 Turkmenistan 1.6
13 Iceland 8.3 36 Saint Vincent and 5.8 60 Malaysia 4.3 80 Peru 3.4 100 Mexico 3.0 129 Philippines 2.6 154 Côte d´Ivoire 2.2 177 Uzbekistan 1.6
14 Germany 8.0 the Grenadines 61 Cuba 4.2 80 Thailand 3.4 100 Sao Tome and Principe 3.0 129 Syria 2.6 154 Guinea-Bissau 2.2 180 Afghanistan 1.5
14 Japan 8.0 38 Bhutan 5.7 61 Latvia 4.2 86 Bulgaria 3.3 100 Suriname 3.0 134 Cameroon 2.5 154 Kenya 2.2 180 Myanmar 1.5
16 Austria 7.8 39 Malta 5.6 61 Turkey 4.2 86 Jamaica 3.3 100 Tanzania 3.0 134 Eritrea 2.5 154 Laos 2.2 182 Korea (North) 1.0
16 Barbados 7.8 39 Puerto Rico 5.6 64 Georgia 4.1 86 Panama 3.3 112 Algeria 2.9 134 Guyana 2.5 154 Nepal 2.2 182 Somalia 1.0
16 United Kingdom 7.8 41 Cape Verde 5.5 64 South Africa 4.1 86 Serbia 3.3 112 Egypt 2.9 134 Lebanon 2.5 154 Papua New Guinea 2.2
19 Belgium 7.5 41 Poland 5.5 66 Croatia 4.0 86 Sri Lanka 3.3 112 Kosovo 2.9 134 Maldives 2.5 154 Paraguay 2.2
19 Ireland 7.5 43 Korea (South) 5.4 66 Montenegro 4.0 91 Bosnia and Herzegovina 3.2 112 Moldova 2.9 134 Nicaragua 2.5 154 Zimbabwe 2.2
21 Bahamas 7.3 44 Brunei 5.2 66 Slovakia 4.0 91 Liberia 3.2 112 Senegal 2.9 134 Niger 2.5 164 Cambodia 2.1
22 Chile 7.2 44 Dominica 5.2 69 Ghana 3.9 91 Trinidad and Tobago 3.2 112 Vietnam 2.9 134 Pakistan 2.5 164 Guinea 2.1
22 Qatar 7.2 46 Bahrain 5.1 69 Italy 3.9 91 Zambia 3.2 118 Bolivia 2.8 134 Sierra Leone 2.5 164 Kyrgyzstan 2.1
24 United States 7.1 46 Macau 5.1 69 FYR Macedonia 3.9 95 Albania 3.1 118 Mali 2.8 143 Azerbaijan 2.4 164 Yemen 2.1
5. CORRUPTION VERY
CLEAN AMERICAS
PERCEPTIONS 12 CANADA HAITI
INDEX 2011 9 7
15
ASIA PACIFIC
6
NUMBER OF COUNTRIES
ACCORDING TO PERCEIVED NEW ZEALAND NORTH KOREA
19
12
HIGHLY
LEVELS OF PUBLIC-SECTOR CORRUPT
CORRUPTION
EASTERN EUROPE & CENTRAL ASIA
TURKEY TURKMENISTAN, UZBEKISTAN
EU & WESTERN EUROPE
BEST
NEW ZEALAND 4 3 DENMARK, FINLAND
MIDDLE EAST & NORTH AFRICA
BULGARIA
DENMARK
FINLAND
60
QATAR IRAQ
WORST
AFGHANISTAN
MYANMAR SUB-SAHARAN AFRICA
NORTH KOREA
SOMALIA BOTSWANA SOMALIA
6. Acknowledgements
Generous support for the 2011 Corruption Perceptions Index
was provided by Ernst & Young.
We are grateful for the contributions to our core activities,
including this publication, from the Canadian Agency for
International Development; the Danish Ministry of Foreign
Affairs (Danida); the Ministry of Foreign Affairs of Finland; Irish
Aid; the Ministry of Foreign Affairs of the Netherlands; the
Norwegian Agency for Development Cooperation; Swedish
International Development Cooperation Agency (Sida); the
Swiss Agency for Development and Cooperation; and the
UK Department for International Development. The contents
of this report do not necessarily reflect the views of these
donors.
For a full list of all contributors and to find out how you can
support our work please visit www.transparency.org