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Does the Endowment Effect Prevail When Traders Act Strategically? 当交易者采取战略行动时,禀赋效应是否占上风?
Pub Date : 2018-02-22 DOI: 10.2139/ssrn.3128015
Stephan Tontrup
Trading is more than a personal valuation of own property. Traders try to anticipate the WTP potential buyers have for the good they want to sell. They do not focus on the value the entitlement has for them, their personal valuation is only a reservation price. The law analyzes the Endowment Effect because it wants to protect gains from trade; most economic and psychological Endowment Effect studies by contrast are concerned with a different question: They test theories of preference formation; unlike in trading behavior they focus the participants on their entitlement to demonstrate that valuation depends on ownership and expectations. We show in this study that an experimental design that focuses the subjects' attention on their good elevates the size of the Endowment Effect and can mislead the legal debate. Our experiment provides the subjects with incentives for strategic behavior. As typical for trading, the participants can earn more if they ask for a price that exceeds their personal valuation of the good they are endowed with. The incentives shift the attention of the subjects to the potential WTP of the buyer. The results we find show that the cognitively more complex trading task weakens the owners' occupation with their entitlement and significantly decreases their loss aversion. Our findings should apply to most business transactions, as strategic behavior is very common in professional relationships. The study suggests that the Endowment Effect is likely less prominent in real markets than often suggested and that private ordering may seldom need legal protection against it.
交易不仅仅是个人对自己财产的估价。交易者试图预测潜在买家想要出售的商品的WTP。他们不关注权利对他们的价值,他们的个人估值只是保留价。该法案之所以分析禀赋效应,是因为它想保护贸易收益;相比之下,大多数经济学和心理学的禀赋效应研究关注的是一个不同的问题:它们测试偏好形成理论;与交易行为不同,它们将参与者的重点放在证明估值取决于所有权和预期的权利上。我们在这项研究中表明,将受试者的注意力集中在他们的善行上的实验设计会提高禀赋效应的规模,并可能误导法律辩论。我们的实验为受试者提供了策略行为的激励。作为典型的交易,如果参与者要求的价格超过他们对自己所拥有的商品的个人估价,他们可以赚得更多。这些激励措施将受试者的注意力转移到买方的潜在WTP上。研究结果表明,认知上更复杂的交易任务削弱了所有者对其权利的占用,显著降低了所有者的损失厌恶情绪。我们的发现应该适用于大多数商业交易,因为战略行为在专业关系中非常常见。该研究表明,“禀赋效应”在真实市场中的作用可能没有人们通常认为的那么突出,私人订购可能很少需要法律保护。
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引用次数: 0
For Better or for Worse? The Economic Consequences of Frequent Accounting Standard Changes 是好是坏?频繁变更会计准则的经济后果
Pub Date : 2018-01-31 DOI: 10.2139/ssrn.3134789
Melanie Demirtas, J. R. Werner
This paper sheds light on the short-term capital-market effects of all changes or amendments to International Financial Reporting Standards (IFRS) in the period between 2005 and 2014. The dynamic nature of IFRS is an interesting, yet underexplored setting. Since 2005 the International Accounting Standards Board (IASB) has adopted more than 100 changes to its accounting standards, claiming to improve transparency of financial reporting. We ask whether these standard changes are always for the better, or – at least sometimes – for the worse. Based on an international sample of more than 35,000 firm-year observations from 39 countries, we show that the IASB is generally compliant with its mission to increase the usefulness of financial reports for capital market participants. We however also show that positive capital market effects mainly arise when disclosure rules are changed whereas changing definition or measurement sections in accounting standards can also increase short-term opacity. Moreover, changing accounting standards may have adverse effects for firms closer to covenant violations. The paper contributes to the scarce literature on effects of (frequently) changing accounting standards.
本文揭示了2005年至2014年期间国际财务报告准则(IFRS)的所有变更或修订对资本市场的短期影响。国际财务报告准则的动态特性是一个有趣的,但尚未充分探索的环境。自2005年以来,国际会计准则理事会(IASB)对其会计准则进行了100多项修改,声称要提高财务报告的透明度。我们要问的是,这些标准的变化是否总是变得更好,或者——至少有时——变得更糟。基于来自39个国家的超过35,000个公司年度观察的国际样本,我们表明IASB总体上符合其使命,即为资本市场参与者增加财务报告的有用性。然而,我们也表明,积极的资本市场效应主要出现在披露规则发生变化时,而会计准则中定义或计量部分的变化也会增加短期的不透明度。此外,改变会计准则可能对接近违反契约的公司产生不利影响。本文对(频繁)变更会计准则的影响的稀缺文献做出了贡献。
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引用次数: 0
Regulatory Arbitrage in Cross Border Crowdfunding 跨境众筹中的监管套利
Pub Date : 2018-01-31 DOI: 10.2139/ssrn.3115886
Arjya B. Majumdar
In the aftermath of the 2008 financial crisis, small businesses found it increasingly difficult to raise funds. Equity crowdfunding has emerged as a viable alternative for sourcing capital to support innovative, entrepreneurial ventures. Equity crowdfunding merges the complexity of public funding, with the systemic risks of venture capital funding.

A key responsibility of any securities regulator is that of investor protection. Securities laws, involving stringent eligibility criteria for fundraising companies and detailed disclosure requirements have been instrumental in mitigating risks for public retail investors to some extent. A number of securities regulators across the world have dealt with, or are in the process of dealing with equity crowdfunding as a disruptive innovation to established processes of corporate fundraising. However, most equity crowdfunding regulations do not take into account one critical aspect of crowdfunding - that of cross-border crowdfunding.

I argue that in jurisdictions where crowdfunding activities are unregulated or have a low threshold of regulations, the opportunities arising from the resultant regulatory arbitrage could then be used by fund-seeking companies based in jurisdictions where crowdfunding is prohibited or highly regulated. As a result, securities regulators must work together to derive minimum standards of acceptable behavior in cross-border crowdfunding markets.

This is a draft of a chapter that has been accepted for publication by Oxford University Press in the Oxford Handbook of IPOs edited by Douglas Cummings and Sofia Johan published in 2018. An earlier version of this paper was drafted as part of a visiting research fellowship at the Melbourne Law School. The author is grateful to Mr Lakshay Garg, BBALLB Class of 2013, Jindal Global Law School for his research assistance.
在2008年金融危机之后,小企业发现筹集资金越来越困难。股权众筹已经成为一种可行的替代方式,可以为创新型创业企业提供资金支持。股权众筹融合了公共融资的复杂性和风险投资融资的系统性风险。任何证券监管机构的一项关键责任都是保护投资者。证券法涉及严格的融资公司资格标准和详细的信息披露要求,在一定程度上有助于减轻公众散户投资者的风险。世界各地的许多证券监管机构已经或正在处理股权众筹,将其视为对既定企业融资流程的颠覆性创新。然而,大多数股权众筹法规并没有考虑到众筹的一个关键方面——跨境众筹。我认为,在众筹活动不受监管或监管门槛较低的司法管辖区,由此产生的监管套利机会可以被众筹被禁止或受到高度监管的司法管辖区的融资公司所利用。因此,证券监管机构必须共同努力,制定跨境众筹市场可接受行为的最低标准。这是牛津大学出版社于2018年出版的由道格拉斯·卡明斯和索菲亚·约翰编辑的《牛津ipo手册》中的一章的草稿。这篇论文的早期版本是作为墨尔本法学院访问研究奖学金的一部分起草的。作者非常感谢金达尔国际法学院2013届BBALLB级学生Lakshay Garg先生的研究协助。
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引用次数: 0
Financial Bank Guarantees and Moratorium under IBC, 2016 2016年IBC下的金融银行担保和暂停
Pub Date : 2018-01-01 DOI: 10.2139/ssrn.3675997
Manoranjan Ayilyath
An analysis as to how the moratorium declared under the provisions of the Insolvency & Bankruptcy Code, 2016 affects the enforcement of Financial Bank Guarantees.
关于根据《破产法》规定如何宣布暂停的分析;《2016年破产法》影响了金融银行担保的执行。
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引用次数: 0
Nonlinear Incentives and Advisor Bias 非线性激励与顾问偏见
Pub Date : 2017-12-09 DOI: 10.2139/ssrn.3088484
R. Inderst
We analyze firms' competition to steer an advisor's recommendations through potentially non-linear incentives. Even when firms are symmetric, so that the overall size of compensation would not distort advice when incentives were linear, advice is biased when firms are allowed to make compensation non-linear, which they optimally do. Policies that target an advisor's liability are largely ineffective, as firms react to such increased liability by making incentives even steeper, increasing bonus payments while reducing the linear (commission) part at the same time. This observation may justify policymakers' direct interference with firms' compensation practice, as frequently observed notably in consumer finance.
我们分析了公司的竞争,通过潜在的非线性激励来引导顾问的建议。即使公司是对称的,当激励是线性的时,薪酬的总体规模不会扭曲建议,当公司被允许使薪酬非线性时,建议也是有偏见的,而他们最理想的做法是这样做的。针对顾问责任的政策在很大程度上是无效的,因为公司对这种增加的责任的反应是制定更大的激励措施,增加奖金支付,同时减少线性(佣金)部分。这一观察结果可能证明政策制定者直接干预公司薪酬实践是合理的,正如在消费金融领域经常观察到的那样。
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引用次数: 0
Economic Effects of Regulatory Reform in Korea 规制改革对韩国经济的影响
Pub Date : 2017-11-30 DOI: 10.23895/KDIJEP.2017.39.4.51
Jungwook Kim, Subok Chae
This paper adapts the World Bank Regulatory Quality Index (RQI), which is produced annually to provide a better understanding of the effects of regulatory reforms, instead of the Production Market Regulation (PMR) indicators, which are published every five years. We find that 9.9 to 36.0 billion USD worth of regulatory cost could be reduced if the regulatory quality in Korea improves to the level of the OECD average considering that the total burden of regulation in Korea is estimated to range from 2.2 to 357.4 billion USD. The estimated reduction in the regulatory cost accounts for roughly 0.76 to 2.47% of Korea’ s GDP in 2013, underscoring the importance of regulatory reforms for the Korean economy. This paper introduces a new method with which to examine the distribution of regulatory costs across different industries and firm sizes. This alternative method is largely consistent with the conclusions reached by other studies, specifically that small firms typically bear a disproportionate regulatory burden.
本文采用的是世界银行监管质量指数(RQI),该指数每年发布一次,旨在更好地了解监管改革的效果,而不是每五年发布一次的生产市场监管(PMR)指标。我们发现,考虑到韩国的监管总负担估计在22亿至3574亿美元之间,如果韩国的监管质量提高到经合组织的平均水平,可以减少99亿至360亿美元的监管成本。据估计,监管成本的减少约占2013年韩国GDP的0.76%至2.47%,凸显了监管改革对韩国经济的重要性。本文介绍了一种新的方法来检验监管成本在不同行业和企业规模之间的分布。这种替代方法在很大程度上与其他研究得出的结论一致,特别是小公司通常承担不成比例的监管负担。
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引用次数: 0
A Natural Experiment to Measure the Consequences of a Binding Interest Rate Cap 衡量具有约束力的利率上限后果的自然实验
Pub Date : 2017-10-25 DOI: 10.2139/ssrn.3059563
O. Lukongo, Thomas W. Miller
In the U.S., Arkansas has the lowest interest rate cap on small-dollar installment loans, 17 percent. No small-dollar installment lenders operate within Arkansas, while they do in all six states bordering Arkansas. These facts provide a natural experiment to examine the effects of a binding interest rate cap because Arkansas residents actually obtain installment loans from out-state lenders. Arkansas residents in the perimeter counties hold 96.8 percent of these loans. Overall, Arkansas residents borrow $1,051, on average, and pay an average annual percentage rate (APR) of 80 percent. Incorporating estimated travel costs, the average APR is 93 percent.
在美国,阿肯色州的小额美元分期付款贷款利率上限最低,为17%。阿肯色州境内没有小额分期付款贷款机构,而与阿肯色州接壤的所有六个州都有。这些事实为检验具有约束力的利率上限的影响提供了一个自然的实验,因为阿肯色州的居民实际上是从州外的贷款人那里获得分期贷款的。阿肯色州周边县的居民持有这些贷款的96.8%。总体而言,阿肯色州居民平均借贷1051美元,平均年利率为80%。算上估计的差旅费用,平均年利率为93%。
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引用次数: 1
Is There a Relationship Between Shareholder Protection and Stock Market Development? 股东保护与股票市场发展有关系吗?
Pub Date : 2017-09-01 DOI: 10.2139/ssrn.3078529
S. Deakin, Prabirjit Sarkar, M. Siems
The paper uses recently created datasets measuring legal change over time in a sample of 28 developed and emerging economies to test whether the strengthening of shareholder rights in the course of the mid-1990s and 2000s promoted stock market development in those countries. It finds only weak and equivocal evidence of a positive effect of shareholder protection on market capitalisation, the value of stock trading, and the turnover ratio, and a negative impact on the number of listed companies. There is stronger evidence of reverse causality, in the sense of stock market development at country level generating changes in shareholder protection law. We conclude, firstly, that legal reforms were at least in part an endogenous response to stock market development and not simply a reaction to the generation of global standards; but, secondly, that the laws passed in response to the demand for shareholder empowerment did not consistently have the expected impact on financial markets, and may have had some negative and perverse results.
本文使用最近创建的数据集来衡量28个发达经济体和新兴经济体的法律变化,以检验20世纪90年代中期和21世纪初股东权利的加强是否促进了这些国家的股市发展。它只发现了微弱和模棱两可的证据,证明股东保护对市值、股票交易价值和换手率有积极影响,对上市公司数量有负面影响。有更有力的证据表明,在国家层面上,股票市场的发展导致了股东保护法的变化。我们的结论是,首先,法律改革至少在一定程度上是对股票市场发展的内生反应,而不仅仅是对全球标准产生的反应;但是,其次,为响应赋予股东权力的要求而通过的法律并没有始终如一地对金融市场产生预期的影响,而且可能产生了一些负面和反常的结果。
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引用次数: 13
The High Cost of Fewer Appraisal Claims in 2017: Premia Down, Agency Costs Up 2017年评估索赔减少的高成本:溢价下降,代理成本上升
Pub Date : 2017-08-29 DOI: 10.2139/ssrn.3028381
Matthew Schoenfeld
This Essay considers the preliminary results of an ongoing effort to discourage appraisal litigation. In the year since the August 2016 reforms to the Delaware appraisal statute, Chancery has issued a slew of at-or-below merger price appraisal opinions in cases such as Clearwire and PetSmart, while simultaneously pinioning fiduciary litigation by reiterating the principles of Corwin. The result — as one would expect when costs are raised and benefits are reduced — has been that fewer deals are being challenged via appraisal: In 1H 2017, the number of deals challenged fell by 33%. Those who successfully advocated for curbs on the practice had argued that appraisal claims lowered deal premia by incenting buyers to withhold top dollar, thereby hurting non-appraising shareholders. On their view, curtailment of appraisal should have sent premia upwards. But year to date the average U.S. target premium of 22.4% is the lowest of any year in recent history. The average target premium in 2Q 2017 of 19.3% was the single-lowest of the fifty prior quarterly observations; thus far, 3Q 2017, at 19.6%, is tracking as the second-lowest. Amid the pronounced decline in merger premia, change-in-control payouts have expanded as a percentage of transaction value. When analyzed in concert with other measures indicative of agent rent-seeking — such as target premium to 52-week high over varying periods — the evidence points to a substantial transfer of value from target shareholders to selling CEOs, who have adapted to an environment rendered more permissive by the weakening of the shareholder litigation ‘check’ that had formerly restrained such behavior.
本文考虑了正在进行的阻止评估诉讼的努力的初步结果。自2016年8月特拉华州评估法规改革以来,Chancery在Clearwire和PetSmart等案件中发布了大量低于或低于合并价格的评估意见,同时通过重申Corwin的原则来加强信托诉讼。结果——正如人们所预料的那样,当成本提高、收益降低时——通过评估受到质疑的交易数量减少了:2017年上半年,受到质疑的交易数量下降了33%。那些成功倡导限制这种做法的人辩称,评估索赔会促使买家拒绝支付高价,从而降低交易溢价,从而损害未进行评估的股东。在他们看来,减少估价本应使溢价上升。但今年迄今为止,美国股票的平均目标溢价为22.4%,是近年来最低的。2017年第二季度的平均目标溢价为19.3%,是之前50个季度观察中最低的;到目前为止,2017年第三季度的失业率为19.6%,是第二低的。在并购溢价明显下降的情况下,控制权变更支出占交易价值的比例有所上升。当与其他表明代理人寻租行为的指标(如不同时期的目标溢价达到52周高点)相结合进行分析时,证据表明,价值从目标股东大量转移到出售ceo手中,这些ceo已经适应了一种环境,这种环境由于股东诉讼“检查”的削弱而变得更加宽松,而股东诉讼“检查”以前曾限制过这种行为。
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引用次数: 1
The Dual Class Premium: A Family Affair 双层保险:家庭事务
Pub Date : 2017-08-14 DOI: 10.2139/ssrn.3006669
Ronald C. Anderson, Ezgi Ottolenghi, D. Reeb
Critics advocate eliminating dual class shares. We find that founding families control 89% of dual class firms, potentially confounding economic inferences regarding these structures. Using industry, market and Fama-French excess returns, we find a buy-and-hold strategy of dual class family firms, annually makes an additional 350 basis points over the benchmark. Institutional owners garner a disparate portion of these excess returns by holding over 87% of their floated shares. These investors demand a premium for holding dual-class family firms, suggesting a market-driven resolution to concerns about limited voting shares. In contrast, non-family dual class firms possess high stock valuations and insignificant excess returns. Overall, our analysis suggests that investors exhibit substantial concerns over family control rather than dual class structures.
批评者主张取消双重股权。我们发现,创始家族控制着89%的双重股权结构公司,这可能会混淆有关这些结构的经济推论。利用行业、市场和Fama-French超额回报,我们发现双层家族企业的买入并持有策略每年比基准高出350个基点。机构股东通过持有超过87%的流通股,获得了这些超额回报的不同部分。这些投资者要求持有双重股权结构的家族企业获得溢价,这表明市场驱动解决了对有限投票权股份的担忧。相比之下,非家族双重股权结构公司具有较高的股票估值和不显著的超额收益。总体而言,我们的分析表明,投资者对家族控制而非双重阶级结构表现出了极大的担忧。
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引用次数: 10
期刊
Corporate Law: Law & Finance eJournal
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