Einde inhoudsopgave
Consensus on the Comply or Explain principle (IVOR nr. 86) 2012/5.4.6
5.4.6 Realisation of the study
mr. J.G.C.M. Galle, datum 12-04-2012
- Datum
12-04-2012
- Auteur
mr. J.G.C.M. Galle
- JCDI
JCDI:ADS367995:1
- Vakgebied(en)
Ondernemingsrecht (V)
Voetnoten
Voetnoten
In English and in Dutch if available.
The content analysis is solely performed regarding the contents of the corporate governance statements and not other parts of the annual accounts.
The equation is Kappa = (PAo-PAe)/(1-PAe) and PAo stands for proportion agreement observed and PAe for proportion agreement expected by chance) (Neuendorf 2002, p.151)#$
The value of Cohen's kappa for moderate agreement is 0.40 to 0.60, for good agreement 0.60 to 0.80, and for very good agreement 0.80 to 1.
270 listed companies from 18 Member States for 2008.
The corporate governance statements to be analysed were collected from the website www.company.info and the websites of the companies themselves. To ensure that the analysis was performed in an objective way a total of 14 coders analysed the corporate governance statements1 (with a minimum of 2 coders per corporate governance statement). The systematic approach of this study was guaranteed by the coders' training, the pilot study they performed, the coding form they worked with, and the explicit coding instructions. In the event of different answers among the coders a third party decided which of the given answers was considered to be correct. By means of content analysis the following main questions (concisely put) were addressed:
do the annual accounts contain a corporate governance statement;
in what manner are deviations from the corporate governance code explained in the corporate governance statement2 (by means of a list or not and with reference to the specific best practice provisions or not);
does the explanation state that deviation from the code is temporary or not; how many and which best practice provisions of the code are explained, and
what is the nature and quality of the explanations given.
The reliability of these results (the intercoder reliability) was measured by means of Cohen's kappa: a standard intercoder reliability coefficient for content analysis (Neuendorf 2002) (Krippendorff 2004) that measures the level of agreement between the coders corrected for the expected agreements by change.3 The Cohen's kappa measured in this study has a value between 0.419 and 0.807 and can be considered more than sufficient4 (see table 5.4.6 below).
Table 5.4.6 Cohen's kappa among coders
The aim of the present study is to add to previous research, but its limitations are also acknowledged. The level of compliance of the companies under review is measured by the contents of their corporate governance statement. Unfortunately, companies can mention in their corporate governance statement that they comply with the provisions of the applicable code but may deviate from it in practice. As stated before, material compliance with the code is hard to measure and this problem is inherent to the chosen corporate governance model. However, it is not simply the hard compliance figures that are of interest in this study, but rather the trends in the level of compliance and (the quality) of the specific explanations given by the companies. The comply or explain principle and compliance with corporate governance codes have been studied before, for example by the Dutch Corporate Governance Code Monitoring Committee (Report Dutch Monitoring Committee 2008) and for the UK by Arcot and Bruno (Arcot and Bruno 2007). However, this is the first study that, using one method, measures the application of the principle (non-compliance and reasons given for non-compliance) for three consecutive years for five EU countries simultaneously. Only the RiskMetrics Group have studied code compliance internationally, however for fewer companies per country and for one year.5 As Durisin and Puzone state: "There is an empirical gap in cross-national studies in the literature" (Durisin and Puzone 2009, p. 279). The underlying research tries to assist in closing this gap.