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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
21

Efeitos da Lei de Responsabilidade Fiscal sobre as categorias e funções de despesas dos municípios brasileiros (1998-2004) / Effects of the Fiscal Responsibility Law on expenditure categories and functions of the Brazilian municipal districts (1998-2004).

Menezes, Rafael Terra de 19 May 2006 (has links)
Embora alguns estudos tenham encontrado evidências acerca da eficácia da Lei de Responsabilidade Fiscal (LRF) em reduzir as despesas estaduais e municipais, procurou-se neste trabalho, analisar os efeitos da lei sobre níveis mais desagregados de despesa. Partiu-se da hipótese de que, possivelmente, os componentes menos rígidos de despesa teriam sido mais afetados pela LRF. Dessa forma, as despesas foram classificadas em categorias e funções, abrangendo os municípios brasileiros no período entre 1998 e 2004. A segmentação por categorias seguiu uma estrutura contábil, enquanto a classificação por funções se referiu à quatro principais áreas de destinação das despesas: social, overhead, infra-estrutura e outras. Os dados obtidos foram provenientes da FINBRA, uma base de dados elaborada pela Secretaria do Tesouro Nacional. Utilizou-se também a base de dados do Tribunal Superior Eleitoral para a construção de algumas variáveis políticas. Os resultados das análises descritivas mostraram que os gastos mais rígidos cresceram mais do que a receita para o total de municípios, indicando um maior comprometimento do orçamento. Adicionalmente, foram encontradas evidências de que a LRF obteve sucesso em fazer os municípios cumprirem os limites relacionados a ela. Inclusive, estimou-se um modelo de variável categórica (Logit de efeitos fixos) com o intuito de analisar o impacto da LRF sobre a probabilidade de cumprimento do limite de gasto com pessoal (60% da Receita Corrente Líquida). Os resultados indicaram que a LRF afetou positivamente a probabilidade de respeitarem o limite. No entanto, os municípios que se encontravam dentro dos limites podem não ter sido afetados pela lei, pois permitiram que a despesa com pessoal crescesse mais do que a receita. Os resultados das estimações pelo método de Anderson-Hsiao para painéis dinâmicos mostraram que a LRF não surtiu efeito sobre gastos com pessoal e outras despesas correntes (mais rígidos). O investimento (menos rígido) foi a categoria mais prejudicada, pois sofreu forte redução devido à lei. Assim, a LRF reduziu a despesa total, mas em virtude da forte queda do investimento. Os resultado obtidos para as funções de despesa mostraram que o gasto com social sofreu uma pequena redução, enquanto a despesa com overhead um aumento. O gasto com infra-estrutura (menos rígido) foi o mais atingido, apresentando uma forte queda em virtude da lei, a qual acabou influenciando no resultado da despesa orçamentária. Portanto, as evidências encontradas neste trabalho confirmam a hipótese de que o ajuste promovido pela LRF se deu realmente sobre os componentes menos rígidos de despesa. / Although some studies have found evidences about the efficacy of the Fiscal Responsibility Law (FRL) in reducing state and municipal expenditures, it was intended to analyze the effects of the law on more disaggregated levels of expenditures in this work. The initial hypothesis was that more flexible expenditures components would have been more affected by the FRL. Thus, the expenditures were classified in categories and functions, considering the brazilian Municipal Districts in the period between 1998 and 2004. The repartition by categories followed an accounting structure, while the classification by functions referred to four main areas of expenditures destination: social, overhead, infrastructure and others. The data were obtained from FINBRA, a database elaborated by the National Treasury Office. The Electoral Supreme Court database was also utilized in the construction of political variables. The results of the descriptive analysis showed that less flexible expenditures increased more than the revenues, indicating a higher commitment of the budget. Further, it was found evidences that the FRL succeed in making the municipal districts accomplish the limits related to it. It was also estimated a model of categorical variable (Fixed effects Logit) that analyzes the impact of the FRL on the probability of accomplishing the personnel expenditure limit (60% of the Net Current Revenue). The results showed that the FRL had a positive effect on the probability of respecting the limit. Nevertheless, the municipal districts that were already respecting the limit may not have been affected by the law, since they let the personnel expenditure increase more than the revenue. The results of the estimations by Anderson-Hsiao?s dynamic panel data method indicated that the FRL didn?t have effect on personnel and other current expenditures (less flexible). The investment (more flexible) was the most damaged category, since it suffered a major reduction by the law. Thus, the FRL had a negative impact on total expenditure by making the investment decrease considerably. The results obtained for the expenditure functions showed that the social expenditure had a slight decrease, while the overhead?s had an increase. The infrastructure expenditure (more flexible) was the most affected, showing a major decrease caused by the law, which influenced the result of the total expenditure. Therefore, the evidence founded in this work confirms the hypothesis that the adjustment accomplished by the FRL indeed reached the more flexible expenditure components.
22

International finance: issues related to law and financial development

Wu, Qiongbing, The school of banking & finance, UNSW January 2006 (has links)
This dissertation examines three distinctive issues that concern the regulators and policy makers in the development of financial markets. It contains three stand-alone research projects within the context of law, finance and economic growth. Chapter 2 examines the dynamic relationship between banks and economic growth from the points of view of market efficiency and asset pricing theory. Publicly traded banks are broadly representative of a country???s banking sector, so that banking industry stock prices will broadly reflect the performance of a country???s banking sector. Because previous research has established that the institutional framework, as well as the aggregate size, of the banking sector can significantly affect economic growth, this chapter investigates whether the stock returns on a country???s banking sector contain information about future economic growth, and whether the specific country and institutional characteristics that affect the functioning of the banking system and market efficiency also influence this relationship. Using the data from 18 developed and 18 emerging markets, the chapter finds a significant and positive relationship between bank excess return and future economic growth in both the time-series and panel analyses. The chapter also finds that this positive relationship is significantly strengthened by the enforcement of insider trading law, by banking crises, by bank disclosure regulations and financial development, but is weakened by government ownership of banks. Chapter 3 investigates the role of bank idiosyncratic volatility in economic growth and systemic banking crises. Using the same dataset from Chapter 2, this chapter finds an ambiguous relationship between bank volatility and economic growth in the time-series studies, which suggests that the effect of bank volatility on economic growth is more country-specific. In the panel analyses, the chapter finds a negative but very weak relationship between bank volatility and future economic growth. This negative relationship is magnified by banking crises and bank disclosure standards, but is alleviated by the government ownership of banks, the enforcement of insider trading law and financial development. The chapter goes further to examine whether bank volatility leads to the occurrence of systemic banking crises, and finds that the marginal effect of bank volatility on the probability of banking crises is very weak for the sample of all markets, and this result is mainly driven by the data from the emerging markets. However, bank volatility is a significant predictor of banking crises even after being controlled for macroeconomic indicators, which implies that market forces are more powerful in promoting the soundness of the banking system in developed markets. We also find that those macroeconomic and banking risk management indicators have different impacts on the probability of banking crises for the emerging and developed markets. Therefore, caution needs to be taken in interpreting the cross-country results of the studies on banking crises. Chapter 4 studies the corporate governance issues in China, a significant developing country that has been neglected by the current law and finance literature. Incorporated with the legal environment and ownership structure of China???s listed companies, the chapter develops a simple game model to study a neglected aspect of current corporate governance literature: the expropriation arising from the mixture of weak investor protection, ownership concentration coexisting with ownership dispersion, and the absence of a controlling shareholder. The last two chapters find that government ownership undermines the positive link between bank excess return and economic growth, but alleviates the negative impact of bank volatility on growth as well. This chapter shows that government ownership is also a two-edged sword in corporate governance in China: it leads to a double-agency problem; however, the strong legal protection of State assets also increases the cost of expropriation. Using the data from 1996 to 2003, the chapter finds the empirical evidence consistent with the model. By analysing the puzzles in China???s stock market, the chapter suggests that improving the legal protection of investors is the key issue in the future development of the financial market.
23

Study on Globalizing Minority Shareholder Protection in Corporate Law : Legal indices and Comparative Analysis

Chu, Chien-chi 13 February 2012 (has links)
This study mainly discusses the effect, in country level, of minority shareholder protection on shareholder wealth during mergers and acquisitions (M&A). In particular, based on the index of anti-director rights (ADRI) developed by LLSV (1998) and the index of shareholder protection index (SPI) by John Armour et al.(2009), I empirically examine the linkage between M&A activities and indexes as well as the components of these indexes. This study expects the result may show some relevance between of indices and M&A activities, and the legal value of this relevance. The purpose is to show whether minority shareholder protection is workable in M&A activities, and whether it can facilitate M&A markets. To begin with, this paper discusses LLSV¡¦s uniqueness in corporate law study ¡V using empirical method to value whether corporate law matters or not around the world. Then, I analyze LLSV¡¦s possible defects, review criticisms and effects they had incurred. Secondly, we design a study to compare the revised LLSV methodology developed by the Harvard scholar Spamann with SPI index through stock market and M&A market. I also code China¡¦s and Taiwan¡¦s data to make up the lack of samples of cross level variation, and take this as the basis for corporate institutional comparison. This study reports that each of sub-indexes from ADRI and SPI has different relevance to M&A activities: three are positive, five are negative, three are insignificant, and two are valueless of discussion (definition or design defect). Thus we may see the importance of law quantification. We appreciate further research and authorities¡¦ consideration following our work in Taiwan. Finally, the contribution of this study is to attempt to integrate empirical and comparative legal analysis, in response to global corporate governance issues of promoting cross research. On policy implications is that it can predict some investor protection mattes, direct the way of policy adjustment. Besides, this study can also suggest specific amendment for Company Law and Securities law to re-examine how to balance between market development and the protection of minority shareholders.
24

International finance: issues related to law and financial development

Wu, Qiongbing, The school of banking & finance, UNSW January 2006 (has links)
This dissertation examines three distinctive issues that concern the regulators and policy makers in the development of financial markets. It contains three stand-alone research projects within the context of law, finance and economic growth. Chapter 2 examines the dynamic relationship between banks and economic growth from the points of view of market efficiency and asset pricing theory. Publicly traded banks are broadly representative of a country???s banking sector, so that banking industry stock prices will broadly reflect the performance of a country???s banking sector. Because previous research has established that the institutional framework, as well as the aggregate size, of the banking sector can significantly affect economic growth, this chapter investigates whether the stock returns on a country???s banking sector contain information about future economic growth, and whether the specific country and institutional characteristics that affect the functioning of the banking system and market efficiency also influence this relationship. Using the data from 18 developed and 18 emerging markets, the chapter finds a significant and positive relationship between bank excess return and future economic growth in both the time-series and panel analyses. The chapter also finds that this positive relationship is significantly strengthened by the enforcement of insider trading law, by banking crises, by bank disclosure regulations and financial development, but is weakened by government ownership of banks. Chapter 3 investigates the role of bank idiosyncratic volatility in economic growth and systemic banking crises. Using the same dataset from Chapter 2, this chapter finds an ambiguous relationship between bank volatility and economic growth in the time-series studies, which suggests that the effect of bank volatility on economic growth is more country-specific. In the panel analyses, the chapter finds a negative but very weak relationship between bank volatility and future economic growth. This negative relationship is magnified by banking crises and bank disclosure standards, but is alleviated by the government ownership of banks, the enforcement of insider trading law and financial development. The chapter goes further to examine whether bank volatility leads to the occurrence of systemic banking crises, and finds that the marginal effect of bank volatility on the probability of banking crises is very weak for the sample of all markets, and this result is mainly driven by the data from the emerging markets. However, bank volatility is a significant predictor of banking crises even after being controlled for macroeconomic indicators, which implies that market forces are more powerful in promoting the soundness of the banking system in developed markets. We also find that those macroeconomic and banking risk management indicators have different impacts on the probability of banking crises for the emerging and developed markets. Therefore, caution needs to be taken in interpreting the cross-country results of the studies on banking crises. Chapter 4 studies the corporate governance issues in China, a significant developing country that has been neglected by the current law and finance literature. Incorporated with the legal environment and ownership structure of China???s listed companies, the chapter develops a simple game model to study a neglected aspect of current corporate governance literature: the expropriation arising from the mixture of weak investor protection, ownership concentration coexisting with ownership dispersion, and the absence of a controlling shareholder. The last two chapters find that government ownership undermines the positive link between bank excess return and economic growth, but alleviates the negative impact of bank volatility on growth as well. This chapter shows that government ownership is also a two-edged sword in corporate governance in China: it leads to a double-agency problem; however, the strong legal protection of State assets also increases the cost of expropriation. Using the data from 1996 to 2003, the chapter finds the empirical evidence consistent with the model. By analysing the puzzles in China???s stock market, the chapter suggests that improving the legal protection of investors is the key issue in the future development of the financial market.
25

Efeitos da Lei de Responsabilidade Fiscal sobre as categorias e funções de despesas dos municípios brasileiros (1998-2004) / Effects of the Fiscal Responsibility Law on expenditure categories and functions of the Brazilian municipal districts (1998-2004).

Rafael Terra de Menezes 19 May 2006 (has links)
Embora alguns estudos tenham encontrado evidências acerca da eficácia da Lei de Responsabilidade Fiscal (LRF) em reduzir as despesas estaduais e municipais, procurou-se neste trabalho, analisar os efeitos da lei sobre níveis mais desagregados de despesa. Partiu-se da hipótese de que, possivelmente, os componentes menos rígidos de despesa teriam sido mais afetados pela LRF. Dessa forma, as despesas foram classificadas em categorias e funções, abrangendo os municípios brasileiros no período entre 1998 e 2004. A segmentação por categorias seguiu uma estrutura contábil, enquanto a classificação por funções se referiu à quatro principais áreas de destinação das despesas: social, overhead, infra-estrutura e outras. Os dados obtidos foram provenientes da FINBRA, uma base de dados elaborada pela Secretaria do Tesouro Nacional. Utilizou-se também a base de dados do Tribunal Superior Eleitoral para a construção de algumas variáveis políticas. Os resultados das análises descritivas mostraram que os gastos mais rígidos cresceram mais do que a receita para o total de municípios, indicando um maior comprometimento do orçamento. Adicionalmente, foram encontradas evidências de que a LRF obteve sucesso em fazer os municípios cumprirem os limites relacionados a ela. Inclusive, estimou-se um modelo de variável categórica (Logit de efeitos fixos) com o intuito de analisar o impacto da LRF sobre a probabilidade de cumprimento do limite de gasto com pessoal (60% da Receita Corrente Líquida). Os resultados indicaram que a LRF afetou positivamente a probabilidade de respeitarem o limite. No entanto, os municípios que se encontravam dentro dos limites podem não ter sido afetados pela lei, pois permitiram que a despesa com pessoal crescesse mais do que a receita. Os resultados das estimações pelo método de Anderson-Hsiao para painéis dinâmicos mostraram que a LRF não surtiu efeito sobre gastos com pessoal e outras despesas correntes (mais rígidos). O investimento (menos rígido) foi a categoria mais prejudicada, pois sofreu forte redução devido à lei. Assim, a LRF reduziu a despesa total, mas em virtude da forte queda do investimento. Os resultado obtidos para as funções de despesa mostraram que o gasto com social sofreu uma pequena redução, enquanto a despesa com overhead um aumento. O gasto com infra-estrutura (menos rígido) foi o mais atingido, apresentando uma forte queda em virtude da lei, a qual acabou influenciando no resultado da despesa orçamentária. Portanto, as evidências encontradas neste trabalho confirmam a hipótese de que o ajuste promovido pela LRF se deu realmente sobre os componentes menos rígidos de despesa. / Although some studies have found evidences about the efficacy of the Fiscal Responsibility Law (FRL) in reducing state and municipal expenditures, it was intended to analyze the effects of the law on more disaggregated levels of expenditures in this work. The initial hypothesis was that more flexible expenditures components would have been more affected by the FRL. Thus, the expenditures were classified in categories and functions, considering the brazilian Municipal Districts in the period between 1998 and 2004. The repartition by categories followed an accounting structure, while the classification by functions referred to four main areas of expenditures destination: social, overhead, infrastructure and others. The data were obtained from FINBRA, a database elaborated by the National Treasury Office. The Electoral Supreme Court database was also utilized in the construction of political variables. The results of the descriptive analysis showed that less flexible expenditures increased more than the revenues, indicating a higher commitment of the budget. Further, it was found evidences that the FRL succeed in making the municipal districts accomplish the limits related to it. It was also estimated a model of categorical variable (Fixed effects Logit) that analyzes the impact of the FRL on the probability of accomplishing the personnel expenditure limit (60% of the Net Current Revenue). The results showed that the FRL had a positive effect on the probability of respecting the limit. Nevertheless, the municipal districts that were already respecting the limit may not have been affected by the law, since they let the personnel expenditure increase more than the revenue. The results of the estimations by Anderson-Hsiao?s dynamic panel data method indicated that the FRL didn?t have effect on personnel and other current expenditures (less flexible). The investment (more flexible) was the most damaged category, since it suffered a major reduction by the law. Thus, the FRL had a negative impact on total expenditure by making the investment decrease considerably. The results obtained for the expenditure functions showed that the social expenditure had a slight decrease, while the overhead?s had an increase. The infrastructure expenditure (more flexible) was the most affected, showing a major decrease caused by the law, which influenced the result of the total expenditure. Therefore, the evidence founded in this work confirms the hypothesis that the adjustment accomplished by the FRL indeed reached the more flexible expenditure components.
26

O SNRC e os novos instrumentos de financiamento do agronegócio: o mercado de crédito rural brasileiro entre dois modelos / SNCR and the new agribusiness financing instruments: the Brazilian rural credit market between two models.

Mauricio Rodrigues de Albuquerque Chavenco 27 May 2015 (has links)
Esta pesquisa mostra como o desenvolvimento do sistema jurídico institucional do mercado de crédito rural no Brasil se desenvolveu a ponto de permitir a convivência de dois modelos normalmente considerados antitéticos: o modelo de economia de mercado coordenado via bancos públicos e o modelo de economia de mercado liberal. O primeiro capítulo da dissertação reconstrói como a teoria do Law and Finance que permite identificar adequadamente esse resultado de pesquisa se desenvolve a partir da crise das postulações e premissas da teoria econômica neoclássica. O segundo capítulo narra o desenvolvimento e crise do modelo do Sistema Nacional de Crédito Rural entre as décadas de 1960 e 1980, partindo de uma análise sobre sua estrutura, regulação e institutos. Passando dos modelos de organização financeira para as modalidades de crédito rural, o capítulo narra a lógica, estrutura e evolução do modelo calcado na alocação de recursos por banco públicos, de modo que essa elucidação de contexto histórico permite que se verifique a grande ruptura que é introduzida no sistema de financiamento rural a partir dos anos 2000. O terceiro capítulo narra e descreve o surgimento da estrutura, regulação e institutos regidos pela lógica de mercado liberal, até então ausente no SNCR para, após, realizar uma apreciação do resultado alcançado. Ao final, a conclusão reúne os principais achados dessa pesquisa, destaca os principais pontos de sua narrativa e os problematiza para uma agenda de pesquisa futura. / This research shows how the development of the institutional legal system of rural credit market in Brazil grew to the point of allowing the coexistence of two models usually considered antithetical: the coordinated market economy based in public banks model and the liberal market economy model. The first chapter of the dissertation reconstructs the theory of Law and Finance - which allows us to clearly see the research findings from the crisis of the postulates and assumptions of neoclassical economic theory. The second chapter narrates the development and crisis of the model of the National System of Rural Credit between the 1960s and 1980s, from an analysis of its structure, regulation and institutions. Moving from the financial organization models to the modalities of rural credit, the chapter presents the logic, structure and evolution of the model based in public banks, so that such historical context elucidation allows to check the big rupture that was introduced in rural finance system as from 2000s. The third chapter narrates and describes the rise of the structure, regulation and institutions governed by the liberal market logic, absent in the SNCR until then; making after that an assessment of the results achieved. The conclusion presents the main findings of this research, highlights the main points of its narrative and advocate for a future research agenda.
27

Explaining financial scandals : corporate governance, structured finance and the enlightened sovereign control paradigm

Bavoso, Vincenzo January 2012 (has links)
The explosion of the global financial crisis in 2007-08 reignited the urgency to reflect on the origins and causes of financial collapses. As the above events kick-started an economic meltdown that is still ongoing, comparisons with the Great Crash of 1929 started to abound. In particular, the externalities that a broad spectrum of societal groups had to bear as a consequence of various banking failures highlighted the necessity of a more inclusive and balanced regulation of firms whose activities impact on a wide range of stakeholders.The thesis is centred on the proposal of a paradigm, the “enlightened sovereign control”, that provides a theoretical, institutional and substantive framework as a response to the legal issues analysed in the thesis. These stem primarily from the analysis of two sequences of events (the 2001-03 wave of “accounting frauds” and the 2007-08 global crisis) which represent the background upon which modern financial scandals are explained. This is done by highlighting a number of common denominators emerging from the case studies (Enron and Parmalat, Northern Rock and Lehman Brothers) which caused financial instability and scandals. The research is grounded on the initial recognition of theoretical themes in the field of corporate and financial law, which eventually link with the more practical events examined. This parallel enquiry leads to the investigation of two heavily interrelated spheres of law and finally highlights more practical legal issues that emerge from the analysis.Through this multifaceted approach, the thesis contends that the occurrence of financial crises during the last decade is essentially rooted in two main problems: a corporate governance one, represented by the lack of effective control systems within large public firms; and a corporate finance one identified with the excesses of financial innovation and related abuses of capital market finance. Research conducted in this thesis ultimately seeks to contribute to current debates in the areas of corporate and financial law, through the proposals of the “enlightened sovereign control” paradigm.
28

Institutions and financial system development in Africa

Emenalo, Chukwunonye Obi-Ogulo January 2014 (has links)
Recent research suggests that financial system development is important for economic development and for reducing financing constraints of firms (Levine, 2005). Consequently, researchers started investigating the factors that determine financial system development. A group of factors that have been identified are institutional factors. Many researchers have investigated the theoretical and empirical links among historical institutional factors, current institutional factors, and financial system development (Beck and Levine, 2005). There are, however, few studies that have investigated extensively the theoretical and empirical links among institutional factors and financial system development within the African context. Africa provides an interesting context to empirically validate and refine many of the theories that have been postulated to explain the relationships among historical and current institutional factors and financial system development. This is because Africa is in the process of developing its institutions and reforming existing ones and offers an opportunity to examine the impact of institutional factors on financial system development in nascent contexts. Therefore, this dissertation investigated the following research question: To what extent are institutional factors determinants of financial system development in Africa? To answer this research question, this study empirically evaluated the effects on financial system development of historical institutional factors that have been identified by four theories: legal origins theory, disease endowment theory, religion-based theory, and ethnic fractionalisation theory. Moreover, current institutional factors identified by the law and finance theory as possible determinants of financial system development were empirically examined. Furthermore, the links among historical and current institutional factors were empirically studied. The results show that the disease endowment variables are the only historical institutional factors that explain cross-country variation in financial system development in Africa. Additionally, this study finds that the institutional enforcement quality and efficiency of the judicial system are the only current institutional factors that explain cross-country variation in financial system development in Africa. Current institutional factors such as the efficiency of the legal property system and the quality of the credit information infrastructure do not appear to have effects on financial system development. Moreover, the institutional enforcement quality seems to be one of the possible channels through which disease endowment affects financial system development in Africa. This study also reveals that there are few statistically significant links among historical and current institutional factors within the African context. To my knowledge, this is the first study to show some of these empirical links among historical institutional factors, current institutional factors, and financial system development for the African context. The main conclusion of this dissertation is that institutional factors seem not to be determinants of financial system development in Africa to a large extent. In essence, institutional factors appear to matter for financial system development in Africa, but not as much as might have been expected judging from many calls for institutional reforms from the World Bank and others. The theoretical and policy implications of the findings of this dissertation are discussed, and future areas of research are also proposed.
29

A recuperação judicial no Brasil: governança, financiamento extraconcursal e votação do plano / Judicial corporate reorganization in Brazil: governance, post-petition financing and voting in plan

Kirschbaum, Deborah 05 May 2009 (has links)
Esta tese trata de três questões fundamentais do instituto da recuperação judicial de empresas no Brasil, inaugurado pela Lei 11.101 de 2005: (i) a relação entre governança corporativa e o regime aplicável à insolvência empresarial; (ii) o financiamento à empresa em recuperação judicial e (iii) a negociação e votação do plano de recuperação. O estudo integra a Teoria de Finanças Corporativas ao Direito tanto para discutir as questões propostas sob uma perspectiva normativa, como para propor uma abordagem de construção dogmática. A pesquisa busca avaliar em que medida a recuperação judicial se adapta à realidade brasileira, considerando as relações entre o regime aplicável à insolvência e os padrões de financiamento e de governança corporativa observados quanto às empresas de médio e grande portes no Brasil. Quanto ao financiamento à empresa em recuperação judicial, a tese defende uma interpretação da lei segundo a qual somente devam ser autorizados empréstimos com potencial de melhorar a capacidade financeira da devedora, sem expropriar valor dos credores. A tese ainda propõe modificação da lei para aprimorar os procedimentos de análise e decisão quanto à tomada de financiamento pela devedora durante a recuperação judicial. No que diz respeito à votação do plano de recuperação, a tese propõe critérios para aferir a legitimidade das propostas contidas no plano e dos votos manifestados pelos credores. / This thesis deals with three fundamental topics of the Brazilian business reorganization model instituted by Law No. 11.101 of 2005: (i) the relation between corporate governance and corporate insolvency law; (ii) post-petition financing to the reorganizing firm; and (iii) voting system and negotiation of the reorganization plan. It integrates corporate finance theory to the study of law to approach the proposed topics from both normative and positive perspectives. The study aims to evaluate whether the new reorganization-oriented regime is coherent with Brazilian economy, considering the relations between corporate insolvency law and the financing and governance patterns of medium to large non-financial firms. As to post-petition financing, the thesis argues that the statute should be interpreted to allow reorganizing firms to incur new debt only inasmuch as it clearly provides a potential net present value to the firm. It also proposes legislative reform to create incentives for post-petition financing and screening procedures that should be in place to distinguish between desirable and non-desirable financing arrangements. With respect to voting on reorganization plans, the thesis identifies laws implicit substantive criteria for approval or rejection of the plan, which should be considered in judging plans legitimacy.
30

THREE ESSAYS IN CORPORATE FINANCE AND FINANCIAL INSTITUTIONS

Liu, Chen 24 June 2014 (has links)
This thesis conducts empirical studies related to financial institutions and corporate finance. Specifically, I look at banks’ lending behavior, performance of leveraged buyouts (LBOs), and the cultural impact on cross-border LBOs. Following an introduction in Chapter 1, in Chapter 2, I study U.S. commercial banks’ herding behavior in their domestic loan decisions, where herding is defined as the extent to which banks deviate from the industry average lending decisions and collectively increase or decrease loans to certain categories. I find significant evidence that herding exists and that banks tend to herd more when the economic condition is less favorable, regulation is tight, and when banks are struggling . Overall, these findings support the hypotheses of information asymmetry and regulatory arbitrage as motivations for herding. Chapter 3 provides a comprehensive study of LBO deal characteristics, participants’ involvement, and their impact on target firms’ performance. I find that better post-buyout operating performance is associated with larger amounts of leverage added during the LBO process, tighter LBO loan covenants, and equity contribution by target firms’ incumbent management. LBOs are more likely to exit through an IPO or a sale if they use more bank debt with tighter covenants and are sponsored by private equity (PE) firms of high reputation. These results suggest that the main source of value creation in LBOs is the reduced agency costs through the disciplining effect of debt, closer monitoring by lenders, and the better aligned management incentives. PE reputation is also important in ensuring successful deal outcomes. Chapter 4 (co-authored) examines the impact of cultural differences between PE firms and target firms on the completion of cross-border LBOs. We find that cultural distance between PE and target firms reduces the likelihood of buyout completion and increases the time between buyout announcement and completion. We also find that club deals moderate the negative (positive) impact of cultural distance on the likelihood (the duration) of LBO completion. This mitigation effect is through the increased familiarity channel of club formation. Our findings contribute to the literature that underscores the importance of culture in economic outcomes. / Thesis (Ph.D, Management) -- Queen's University, 2014-06-24 08:59:00.0

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