6. Law & Finance Flashcards
Better financial development implies that:
- Firms have larger amount of credit available
- There is more information available about borrowers
- Better Corporate Governance and less ‘stealing’ by the borrower
- Higher efficiency of human capital
Financial development can be created by different causes:
- Legal system
- Social norms
- Trust
- Quality of information intermediaries
- Tax system
- Deep causes: historical, political and cultural
Three main thoughts whether finance came first or law came first
- Law first, finance follows
- Finance first, law follows
- Law and finance are equally important
Law first, finance follows: paper of La Porta
- Strong investor protection leads to deeper financial markets and better financing terms for firms
- Law sets the basics where finance is built on
Finance first, law follows: paper of Franks
- UK: investor protection had little impact on the dispersion of ownership
- when there was no investor protection law: high rate of ownership dispersion
- Ownership dispersion relied more on informal relations of trust than on investor protection
Law and Finance are equally important
- Settings of law and finance today are based on the traditions of colonialization
- Two main colonial traditions
- Countries, where the likelihood of getting sick was high have on average a lower GDP and less efficient finance/law
- Countries where the likelihood of getting sick was low have on average a higher GDP and more efficient finance/law
Common law
each decision of a judge sets a precedent that other judges need to follow
Civil law
- Based on a Code
- Divided into German, French or Scandinavian law
Paper examines legal rules covering investor protection of corporate shareholders and creditors - La Porta
Which countries tend to do better both in protecting investors/shareholders and creditors?
Common law countries
Paper examines legal rules covering investor protection of corporate shareholders and creditors - La Porta
In French and German origins countries ..
- Judicial system less efficient
- More corruption
Paper examines legal rules covering investor protection of corporate shareholders and creditors - La Porta
Countries with poor investor protections indeed have ..
Significantly smaller debt and equity markets
Paper examines legal rules covering investor protection of corporate shareholders and creditors - La Porta
Poor investor protection reduces ..
The willingness to be a minority shareholder, because there is a higher risk
Paper examines legal rules covering investor protection of corporate shareholders and creditors - La Porta
As a response to poor investor protection ..
In the whole world there is a very high ownership concentration
This paper investigates the value of private benefits of control - Dyck and Zingales
The private benefits of control are measured by two methods:
- Control premium: price paid by the buyer of the shares minus the common share price on the next trading day
- Voting premium: price of shares with voting-rights minus price of shares without voting-rights
This paper investigates the value of private benefits of control - Dyck and Zingales
In companies with high private benefits of control ..
Companies are reluctant to take firms public, because there is a possibility that someone else takes control of the firm and uses it for their own private benefits