Akcinių bendrovių prognozuojamų valdymo pokyčių analizė

LTReikšminiai žodžiai: Gera valdymo praktika; Nepriklausomi nariai; Valdymo organai; „Minkštieji“ įstatymai; Good governance practise; Good management practice; Governing bodies; Independent members; „Soft“ laws.

ENThe article analyzes potential changes in the management of Lithuanian public companies after the new Public Company Law amendments, establishing new requirements for the composition of collegial governing structures, take effect. The relevance of the article initially stems from researching the issues in question, since the new requirements came into force this year, but the time frame of their enforcement is limited to one cadence of the collegial bodies’ activity. Another reason that presupposes the relevance of the article is a permanent need of improvement in the companies’ management, as its quality directly influences the results of the company’s activity, and the inability of the management specialists to correctly evaluate possible outcomes of their decisions, which has always been a problematic component of the management practices. The first part of the article studies the interaction between companies’ management, implementation of good management practice and the legal framework, highlighting the analysis of the „soft“ laws‘ content and significance, as well as their influence on the positive law. Public company management has undergone a number of improvements during the last decades; however, due to the growing importance of this business form to world economics, this question still receives constant attention from international organizations, among which are the European Commission and the Organization for Economic Co-operation and Development, both notable for their importance and impact on the development of Lithuanian Republic. The new Public Companies Law amendments regulate the formation and composition of the governing bodies, that way directly influencing the management of the companies, encouraging following the established principles of the positive management practice.The second part of the article analyzes the composition and structure of the listed Lithuanian public companies’ collegial governing bodies, the structure of the controlling shareholders, the participation of independent members of the governing bodies in the work of these shareholders, and studies the expected changes in the public companies’ governing bodies that are to be inflicted by the new amendments to the public company law. The forecast of the probable changes is based on data, drawn from analyzing the structure and composition of governing bodies that are currently operating in the public companies, and work experience in various governing bodies. The article emphasizes the influence of unresolved payment for work on the formation of governing bodies. The article also substantiates the close relationship between companies’ good management practice, companies’ management codes and laws that regulate companies’ management. It also proves the direct importance of the newest amendments to the Public company law on the companies’ management; lastly, it forecasts and validates the changes in the formation and composition of the companies’ governing bodies. [From the publication]