The government`s implementation of governance and contract management functions at the start of a project will have many advantages. Some examples are cited below. In fact, a written agreement can prevent these « family » relationships from breaking down. This is because an effective agreement ensures that rules and powers are respected when the organization is faced with a sense of partnership, a financial crisis, a legal issue or a natural disaster. In the absence of written guidelines, the House can make decisions in the blink of an eye – creating a ripe environment for missteps, arguments and bitter ends. The addition of clarity defines a number of policies and procedures that keep the group together in the most difficult moments. The average age of a surgeon in the United States is just over 54. Many doctors are starting to plan for retirement. Their agreement on governance should address a large number of issues related to these transitions.
Example: Corporate governance is a set of rules, laws and processes that allow companies or organizations to be managed, regulated or controlled. A corporate governance agreement is reached between the company and its shareholders in order to agree on a binding corporate governance framework. A well-developed agreement adapts business conduct to the organization`s objectives without one of the parties being too restrictive. The PPP contract sets out the private partner`s various obligations with regard to the management and communication of its activities and services in relation to the project specification. Since the PPP contract may have very limited obligations to the government, it is customary for the public procurement authority to consider that the PPP contract will be self-regulating and self-reported. This assumption often leads to the establishment by the authority responsible for purchasing rules on governance and contract management. Often, this can also lead to a reduction in the overall usefulness of PPPs compared to the estimates of the various ex ante studies. While a corporate governance plan is beneficial for all organizations, this agreement is essential for large companies, especially state-owned enterprises. As public companies have a well-formed and interconnected network between shareholders, customers, suppliers, government regulators and corporate management, they need a binding governance structure to ensure proper operation. Good practices in the governance structures of P3 contracts require different levels of interaction between the two parties. An example is the use of a partnership committee, a contract management committee and an operational board of directors, directly in relation to the contract management team. Figure 7.3 presents a typical PPP structure with the members of each board member and bodies, as well as their lines of communication.
This is a typical structure for the overall supply of PPPs. Decision-making is a priority of the Board of Directors and cannot be taken lightly. A good governance agreement answers questions such as: how are decisions made? Who is responsible for their execution? What is the voting process? Are there any delays? What happens if a partner does not come to the vote and has not filed a proxy? Do certain types of decisions – financial, legal – require a different kind of majority, for example. B a super majority? If a quorum is required for a vote to be valid, what is the quorum? The definition of corporate governance is only a general legal and behavioural code of conduct for the company and its executives.