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The Real Consequences of Macroprudential FX Regulations 宏观审慎外汇监管的真正后果
Pub Date : 2021-10-01 DOI: 10.2139/ssrn.3796744
Hyeyoon Jung
I exploit a natural experiment in South Korea to examine the real effects of macroprudential foreign exchange (FX) regulations designed to reduce risk-taking by financial intermediaries. By using cross-bank variation in the regulation’s tightness, I show that it causes a reduction in the supply of FX derivatives (FXD) and results in a substantial decline in exports for the firms that were heavily relying on FXD hedging. I offer a mechanism in which imbalances in hedging demand, banks’ costly equity financing, and firms’ costly switching of banking relationships play a central role in explaining the empirical findings.
我利用韩国的一个自然实验来检验旨在减少金融中介机构冒险的宏观审慎外汇(FX)监管的实际效果。通过使用监管紧度的跨银行变化,我表明它导致外汇衍生品(FXD)供应减少,并导致严重依赖FXD对冲的公司出口大幅下降。我提供了一种机制,其中对冲需求失衡、银行昂贵的股权融资和企业昂贵的银行关系转换在解释实证结果方面发挥了核心作用。
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引用次数: 5
Will the EU Taxonomy Regulation Foster a Sustainable Corporate Governance? 欧盟分类法规会促进可持续的公司治理吗?
Pub Date : 2021-09-29 DOI: 10.2139/ssrn.3940375
A. M. Pacces
EU securities regulation has established a taxonomy of environmentally sustainable activities. This article discusses, from a law and economics standpoint, the potential of this taxonomy to support a sustainable corporate governance. Corporate governance can be an efficient way to channel investor preferences towards sustainability because the concentration of institutional shareholding has lowered the transaction costs of shareholder action. However, there is a principal-agent problem between institutional investors and their beneficiaries, which may lead to greenwashing and insufficient or excessive concern for sustainability in corporate governance. This article argues that introducing environmental sustainability into EU mandatory disclosure aligns the institutional investors’ incentives with the interest of their beneficiaries and may foster the efficient inclusion of sustainability in corporate governance. The argument is threefold. Firstly, the EU taxonomy may curb greenwashing by standardizing the disclosure of environmental sustainability. Secondly, this information may become salient for the beneficiaries as the same standards define the sustainability preferences to be considered in recommending and marketing financial products. Thirdly, sustainability disclosure prompts institutional investors to compete for sustainability-minded beneficiaries. Being unable to avoid unsustainable companies altogether, institutional investors are expected to cater to beneficiaries’ preferences for environmental sustainability by way of voice, instead of exit.
欧盟证券监管已经建立了环境可持续活动的分类。本文从法律和经济学的角度讨论了这种分类法在支持可持续公司治理方面的潜力。公司治理可以成为引导投资者偏好可持续性的有效途径,因为机构持股的集中降低了股东行动的交易成本。然而,机构投资者与其受益人之间存在委托代理问题,这可能导致公司治理的“漂绿”和对可持续性的关注不足或过度。本文认为,将环境可持续性引入欧盟强制性披露,使机构投资者的激励与其受益人的利益保持一致,并可能促进可持续性在公司治理中的有效纳入。这个论点有三个方面。首先,欧盟的分类法可以通过规范环境可持续性的披露来遏制“洗绿”。第二,这一信息对受益人来说可能变得很重要,因为在推荐和销售金融产品时,同样的标准确定了可持续性偏好。第三,可持续性信息披露促使机构投资者竞争具有可持续性意识的受益人。由于无法完全避免不可持续的公司,机构投资者只能通过发声来迎合受益人对环境可持续性的偏好,而不是退出。
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引用次数: 3
Hedge Fund Management and Pricing Structure around the World 全球对冲基金管理与定价结构
Pub Date : 2021-08-12 DOI: 10.2139/ssrn.3903987
Douglas J. Cumming, P. Monteiro
This paper presents evidence on hedge fund sales fees around the world. We show that sales fees have been extremely common, particularly among offshore funds. Also, we show the use of sales fees was more common in the 1990s and has dropped off in the 2000s and 2010s. We present evidence that shows sales fees impact fund sales. Sales fees flatten the flow-performance relationship among both non-fund-of-funds as well as fund-of-funds for offshore funds. Funds with sales fees have significantly more performance persistence. We present a wide array of robustness checks and discuss policy implications associated with the use and reporting of sales fees.
本文提供了有关全球对冲基金销售费用的证据。我们发现,销售费用一直非常普遍,尤其是在离岸基金中。此外,我们还显示,销售费用的使用在上世纪90年代更为普遍,在2000年代和2010年代有所下降。我们提出的证据表明,销售费用影响基金销售。销售费用使非基金的基金和离岸基金的基金的基金之间的流量-业绩关系趋于平缓。收取销售费的基金业绩持续性显著提高。我们提出了一系列鲁棒性检查,并讨论了与销售费用的使用和报告相关的政策影响。
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引用次数: 0
Open Access, Interoperability, and the DTCC's Unexpected Path to Monopoly 开放存取、互操作性和DTCC通往垄断的意外之路
Pub Date : 2021-07-12 DOI: 10.2139/ssrn.3885194
Dan Awrey, Joshua Macey
In markets with significant scale economies and network effects, scholars and policymakers often tout open access and interoperability requirements as superior to both regulated monopoly and the break-up of dominant firms. In theory, by compelling firms to coordinate to develop common infrastructure, regulators can use these requirements to replicate scale and network economies without leaving markets vulnerable to monopoly power. Examples of successful coordination include the provision of electricity, intermodal transportation, and credit card networks. This Article analyzes the history of U.S. securities clearinghouses and depositories in order to offer a significant qualification to this received wisdom. This history demonstrates that open access and interoperability requirements can actually serve as instruments by which dominant firms obtain and entrench their monopoly power. Specifically, by imposing high fixed costs to connect to common infrastructure, allowing dominant firms to dictate the direction and pace of innovation and investment, and reducing the scope for product differentiation, these requirements can prevent smaller firms from competing with their larger rivals. In these ways, open access and interoperability can actually exacerbate the very problems that they were designed to address. Our analysis helps explain why important components of our financial infrastructure have become too-big-to-fail. It also helps explain why, despite their highly concentrated structure, U.S. securities clearing and depository markets have still been characterized by relatively high levels of innovation and investment. More broadly, our analysis suggests that coordination requirements will only constrain market power where the costs of building, maintaining, and connecting to common infrastructure are allocated in a way that does not discriminate against smaller firms, and where larger firms are not able to dictate decisions about innovation and investment. Where this is not possible, interoperability and open access are unlikely to forestall monopoly control, even though they may still improve market efficiency by exposing incumbents to the threat of new entry.
在具有显著规模经济和网络效应的市场中,学者和政策制定者经常鼓吹开放准入和互操作性要求优于受监管的垄断和主导企业的解体。理论上,通过迫使企业协调发展共同的基础设施,监管机构可以利用这些要求来复制规模经济和网络经济,而不会让市场容易受到垄断力量的影响。成功协调的例子包括提供电力、多式联运和信用卡网络。本文分析了美国证券清算所和存管机构的历史,以便对这一公认的智慧提供重要的资格。这段历史表明,开放访问和互操作性需求实际上可以作为主导企业获得和巩固其垄断权力的工具。具体来说,通过强加高固定成本连接到共同的基础设施,允许主导企业决定创新和投资的方向和速度,并减少产品差异化的范围,这些要求可以阻止小公司与大对手竞争。在这些方面,开放存取和互操作性实际上会加剧它们原本要解决的问题。我们的分析有助于解释为什么我们金融基础设施的重要组成部分变得太大而不能倒。这也有助于解释,尽管美国证券清算和存管市场的结构高度集中,但其特点仍然是创新和投资水平相对较高。更广泛地说,我们的分析表明,只有在建设、维护和连接公共基础设施的成本以不歧视小型企业的方式分配,以及大型企业无法支配有关创新和投资的决策的情况下,协调要求才会限制市场力量。在不可能做到这一点的地方,互操作性和开放获取不太可能阻止垄断控制,尽管它们仍可能通过使现有企业面临新进入者的威胁而提高市场效率。
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引用次数: 1
Indirect Investor Protection: The Investment Ecosystem and Its Legal Underpinnings 间接投资者保护:投资生态系统及其法律基础
Pub Date : 2021-06-20 DOI: 10.2139/ssrn.3707249
Holger Spamann
This paper argues that the key mechanisms protecting retail investors’ financial stake in their portfolio investments are indirect. They do not rely on actions by the investors or by any private actor directly charged with looking after investors’ interests. Rather, they are provided by the ecosystem that investors (are legally forced to) inhabit, as a byproduct of the mostly self-interested, mutually and legally constrained behavior of third parties without a mandate to help the investors (e.g., speculators, activists). This elucidates key rules, resolves the mandatory vs. enabling tension in corporate/securities law, and exposes passive investing’s fragile reliance on others’ trading.
本文认为,保护散户投资者在证券投资中的财务利益的主要机制是间接的。它们不依赖于投资者或任何直接负责照顾投资者利益的私人行为者的行动。相反,它们是由投资者(在法律上被迫)居住的生态系统提供的,是第三方在没有授权帮助投资者(如投机者、活动家)的情况下,大多数自利、相互和法律约束行为的副产品。这阐明了关键规则,解决了公司法/证券法中强制性与授权性的紧张关系,并暴露了被动投资对他人交易的脆弱依赖。
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引用次数: 3
Public Audit Oversight and the Originate-to-Distribute Model 公共审计监督与“产生-分配”模式
Pub Date : 2021-05-05 DOI: 10.1016/J.JACCECO.2021.101420
Daniel Aobdia, Y. Dou, Jungbae Kim
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引用次数: 3
Up the Hill and Down Again: Dual-Class Stock and the UK Listing Review 上上下下:双重股权结构与英国上市回顾
Pub Date : 2021-03-25 DOI: 10.2139/SSRN.3812744
Bobby V. Reddy
The final recommendations of Jonathan Hill’s UK Listing Review were published on 3 March 2021. The headline recommendation was that dual-class stock should be permitted on the premium-tier of the London Stock Exchange. The aspiration is to encourage more high-quality UK equity listings, particularly of high-growth tech-companies, for which dual-class stock is especially beneficial. Dual-class stock allows founders to list their firms, and retain majority-control, while holding significantly less of the cash-flow rights in the company. However, in an attempt to protect and placate institutional shareholders, who are generally sceptical of dual-class stock, various conditions have been recommended. This article finds that those conditions comprise a curious mix, some of which are too relaxed and do not substantially protect public shareholders, and some of which are too severe and could deter the very firms the proposals are intended to attract, resulting in dual-class stock in name but not in substance.
Jonathan Hill的英国上市审查的最终建议于2021年3月3日发布。会议的主要建议是,应允许双重股权结构的股票在伦敦证交所的高端市场上市。政府的愿望是鼓励更多高质量的英国股票上市,尤其是高增长科技公司的股票,对这些公司来说,双重股权结构尤其有利。双重股权结构允许创始人将他们的公司上市,并保留多数控制权,同时持有公司现金流的权利大大减少。然而,为了保护和安抚对双重股权结构普遍持怀疑态度的机构股东,各方提出了各种条件。本文发现,这些条件组成了一个奇怪的组合,其中一些过于宽松,不能实质上保护公众股东,而另一些过于严厉,可能会阻止提案旨在吸引的公司,导致名义上的双重股权结构,而不是实质。
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引用次数: 0
Regulatory Ritualism and Other Lessons from the Global Experience of Insider Trading Law 监管仪式主义与全球内幕交易法的其他经验教训
Pub Date : 2021-02-19 DOI: 10.2139/SSRN.3788993
John P. Anderson
There is growing consensus that the insider-trading regime in the United States, the oldest in the world, is in need of reform. Indeed, three reform bills are currently before Congress, and one recently passed the House with overwhelming bipartisan support. As the U.S. considers paths to reforming its own insider trading laws, it would be remiss to ignore potential lessons from global experimentation and innovation, particularly in light of the fact that so many insider trading regimes have been recently adopted around the world. Any such comparative study should, however, be cautious in drawing its conclusions. Reformers should pay close attention to the political, social, and economic motivations that might explain the recent trend toward near-universal adoption of insider trading regulations around the globe. Evidence suggests that at least some countries have adopted their insider trading regimes ritualistically. Regulatory ritualism occurs where great attention is paid to the institutionalization of a regulatory regime without commitment to or acceptance of the normative goals that those institutions are designed to achieve. If countries' insider trading regimes are adopted only ritualistically (e.g., to receive geopolitical carrots or to avoid geopolitical sticks), then comparative analysis should account for the fact that these regimes may not reflect its citizens' (or markets') lived experience or normative commitments. This Article aids the effort of reforming our insider-trading laws here in the United States by considering lessons that can be learned from the global experience. Part I makes the case that the insider-trading regime in the U.S. is in need of reform. Part II charts the global rise of insider trading regulation in the twentieth century. Part III summarizes important features of representative regimes around the globe (e.g., in Japan, Europe, China, Russia, India, Canada, Australia, and Brazil). Part IV notes the trend toward universality in insider trading regulations and considers some of the moral and economic conclusions scholars and regulators have drawn from this trend. Part V identifies the problem of regulatory ritualism, and its implications for global enforcement and compliance. Part VI then turns to the constructive exercise of determining what can be learned from the global experience of regulating insider trading with an eye to reforming the American regime.
越来越多的人认为,作为世界上最古老的内幕交易制度,美国需要改革。事实上,目前国会有三个改革法案,其中一个最近在众议院以压倒性的两党支持获得通过。在美国考虑如何改革自己的内幕交易法之际,如果忽视从全球试验和创新中可能汲取的教训,那将是一种疏忽,尤其是考虑到最近世界各地采用了如此多的内幕交易制度。然而,任何这种比较研究在得出结论时都应谨慎。改革者应该密切关注政治、社会和经济动机,这或许可以解释最近全球几乎普遍采用内幕交易监管的趋势。有证据表明,至少一些国家已经习惯性地采用了他们的内幕交易制度。当高度关注监管制度的制度化,而不承诺或接受这些机构旨在实现的规范性目标时,就会出现监管仪式。如果国家的内幕交易制度只是仪式式地采用(例如,接受地缘政治的胡萝卜或避免地缘政治的大棒),那么比较分析应该考虑到这些制度可能无法反映其公民(或市场)的生活经验或规范性承诺这一事实。本文通过考虑可以从全球经验中吸取的教训,帮助美国改革我们的内幕交易法。第一部分阐述了美国内幕交易制度需要改革的理由。第二部分描绘了20世纪全球内幕交易监管的兴起。第三部分总结了全球(如日本、欧洲、中国、俄罗斯、印度、加拿大、澳大利亚和巴西)代议制的重要特征。第四部分指出了内幕交易监管的普遍性趋势,并考虑了学者和监管机构从这一趋势中得出的一些道德和经济结论。第五部分确定了监管仪式的问题,以及它对全球执行和遵从的影响。然后,第六部分转向建设性的实践,确定可以从监管内幕交易的全球经验中学到什么,并着眼于改革美国政权。
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引用次数: 0
The Market Impact of Weakening SEC Enforcement Tools 削弱SEC执法工具对市场的影响
Pub Date : 2021-02-08 DOI: 10.2139/ssrn.3292548
Nerissa C. Brown, Brian T. Gale, Adrienna Huffman

We exploit the U.S. Supreme Court decisions of Kokesh v. SEC [2017] and Lucia v. SEC [2018] as a unique identification strategy to investigate the value of securities law enforcement. Both decisions were unanticipated legal changes that substantially weaken the SEC’s enforcement tools. Using an event study framework, we find a significantly negative price response to both the Kokesh and Lucia rulings, indicating shareholders view the weakening of SEC enforcement tools as value destroying for the average firm. Cross-sectional tests reveal that the negative price response is particularly severe for firms where misappropriation risks are more pronounced and for firms located closer to SEC offices, where enforcement tends to be more effective. Our findings can help inform the ongoing debate on the value and importance of public enforcement.
我们利用美国最高法院对Kokesh诉SEC[2017]和Lucia诉SEC[2018]的判决作为一种独特的识别策略来调查证券执法的价值。这两项决定都是出人意料的法律变化,大大削弱了SEC的执法工具。使用事件研究框架,我们发现对Kokesh和Lucia裁决的显著负面价格反应,表明股东认为SEC执法工具的削弱对普通公司来说是价值破坏。横断面测试显示,对于那些挪用风险更明显的公司和那些离SEC办公室更近的公司来说,负面的价格反应尤其严重,因为这些公司的执法往往更有效。我们的研究结果可以为正在进行的关于公共执法的价值和重要性的辩论提供信息。
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引用次数: 1
An Investigation Into the Effects of Central Bank Regulation on Exchange Rate Case Study of Zimbabwe From 1980–2019 中央银行监管对汇率的影响研究——以津巴布韦1980-2019年为例
Pub Date : 2021-02-04 DOI: 10.2139/ssrn.3779491
Lenon Watambwa
Foreign exchange interventions as a possible tool needs to be assessed taking into account both the design and implementation of monetary policy for this reason, the forms of foreign exchange intervention and their effectiveness in achieving exchange rate ,since there were limited foreign exchange restrictions and less direct government controls in the foreign exchange market before (Rossini et al (2013). During the period 1991 to July 1994, a two-tier exchange rate system was used one quoted by the Reserve Bank of Zimbabwe (RBZ) and the other one determined in by inter-bank market. Following the demise of the Auction System, the Reserve Bank of Zimbabwe announced the Tradable Foreign Currency Balances System (TFCBS) on 24 October 2005.Initially foreign currency was only accessed from banks and was later decentralized resulting in the licensing of several Bureau de Changes across the country in 2002 to 2013 era. There were several policy revisions, reversals and even de-licensing bureau de change.
出于这个原因,需要评估外汇干预作为一种可能的工具,同时考虑到货币政策的设计和实施,外汇干预的形式及其在实现汇率方面的有效性,因为之前外汇市场上的外汇限制有限,政府直接控制较少(Rossini et al .(2013))。在1991年至1994年7月期间,采用了两级汇率制度,一种由津巴布韦储备银行报价,另一种由银行间市场决定。随着拍卖制度的消亡,津巴布韦储备银行于2005年10月24日宣布了可交易外币余额制度(TFCBS)。最初,外汇只能从银行获得,后来分散,导致2002年至2013年期间全国各地的几个外汇管理局获得许可。有几次政策修订、撤销,甚至取消了牌照局的变更。
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引用次数: 0
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Corporate Law: Law & Finance eJournal
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