Financing Growth: the Impact of Financial Regulation
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Short Sellers and Financial Misconduct 6 7 ∗ 8 JONATHAN M
jofi˙1597 jofi2009v2.cls (1994/07/13 v1.2u Standard LaTeX document class) June 25, 2010 19:56 JOFI jofi˙1597 Dispatch: June 25, 2010 CE: AFL Journal MSP No. No. of pages: 35 PE: Beetna 1 THE JOURNAL OF FINANCE • VOL. LXV, NO. 5 • OCTOBER 2010 2 3 4 5 Short Sellers and Financial Misconduct 6 7 ∗ 8 JONATHAN M. KARPOFF and XIAOXIA LOU 9 10 ABSTRACT 11 12 We examine whether short sellers detect firms that misrepresent their financial state- ments, and whether their trading conveys external costs or benefits to other investors. 13 Abnormal short interest increases steadily in the 19 months before the misrepresen- 14 tation is publicly revealed, particularly when the misconduct is severe. Short selling 15 is associated with a faster time-to-discovery, and it dampens the share price inflation 16 that occurs when firms misstate their earnings. These results indicate that short sell- 17 ers anticipate the eventual discovery and severity of financial misconduct. They also convey external benefits, helping to uncover misconduct and keeping prices closer to 18 fundamental values. 19 20 21 22 SHORT SELLING IS A CONTROVERSIAL ACTIVITY. Detractors claim that short sell- 23 ers undermine investors’ confidence in financial markets and decrease market 24 liquidity. For example, a short seller can spread false rumors about a firm 25 in which he has a short position and profit from the resulting decline in the 1 26 stock price. Advocates, in contrast, argue that short selling facilitates market 27 efficiency and the price discovery process. Investors who identify overpriced 28 firms can sell short, thereby incorporating their unfavorable information into 29 market prices. -
With Equities Looking Expensive, Where Should Investors Turn?
Active is: Thinking without limits With equities looking expensive, allianzgi.com where should investors turn? May 2021 US stocks are highly valued, and our 10-step checklist suggests they’re close to bubble territory. Non-US equities offer better value, but we still don’t think investors should drastically pare back their US holdings at this time. For more than a decade, stocks have been on a steady march upwards – and not even the global Key takeaways downturn caused by the Covid-19 pandemic has thrown them off for long. So are equities, – Equities, especially in the US, are very Stefan Hofrichter, expensive – around the level last seen CFA particularly in the US, too expensive? Could they Head of Global even be in bubble territory? If so, when might before the tech bubble burst in the Economics & they pop? late 1990s Strategy To answer these questions, we developed a – High valuations are one of the 10 10-criteria “bubble checklist” inspired by the characteristics of an asset bubble that work of Charles Kindleberger, an economic and we’ve identified – and the majority are financial-market historian. Each asset bubble showing red flags throughout history has been unique in its own – But until the Fed starts to “taper” its way – yet with few exceptions, each one also met essentially all 10 of these criteria. bond purchases, likely in 2022, US equities may very well bubble up further Our analysis indicates that today, US equities demonstrate most of the characteristics of an – We still prefer risk assets at this time asset bubble. -
Asset Securitization
L-Sec Comptroller of the Currency Administrator of National Banks Asset Securitization Comptroller’s Handbook November 1997 L Liquidity and Funds Management Asset Securitization Table of Contents Introduction 1 Background 1 Definition 2 A Brief History 2 Market Evolution 3 Benefits of Securitization 4 Securitization Process 6 Basic Structures of Asset-Backed Securities 6 Parties to the Transaction 7 Structuring the Transaction 12 Segregating the Assets 13 Creating Securitization Vehicles 15 Providing Credit Enhancement 19 Issuing Interests in the Asset Pool 23 The Mechanics of Cash Flow 25 Cash Flow Allocations 25 Risk Management 30 Impact of Securitization on Bank Issuers 30 Process Management 30 Risks and Controls 33 Reputation Risk 34 Strategic Risk 35 Credit Risk 37 Transaction Risk 43 Liquidity Risk 47 Compliance Risk 49 Other Issues 49 Risk-Based Capital 56 Comptroller’s Handbook i Asset Securitization Examination Objectives 61 Examination Procedures 62 Overview 62 Management Oversight 64 Risk Management 68 Management Information Systems 71 Accounting and Risk-Based Capital 73 Functions 77 Originations 77 Servicing 80 Other Roles 83 Overall Conclusions 86 References 89 ii Asset Securitization Introduction Background Asset securitization is helping to shape the future of traditional commercial banking. By using the securities markets to fund portions of the loan portfolio, banks can allocate capital more efficiently, access diverse and cost- effective funding sources, and better manage business risks. But securitization markets offer challenges as well as opportunity. Indeed, the successes of nonbank securitizers are forcing banks to adopt some of their practices. Competition from commercial paper underwriters and captive finance companies has taken a toll on banks’ market share and profitability in the prime credit and consumer loan businesses. -
The CEO's Guide to Corporate Finance
CORPORATE FINANCE PRACTICE The CEO’s guide to corporate finance Richard Dobbs, Bill Huyett, and Tim Koller Artwork by Daniel Bejar Four principles can help you make great financial decisions— even when the CFO’s not in the room. The problem Strategic decisions can be com- plicated by competing, often spurious notions of what creates value. Even executives with solid instincts can be seduced by the allure of financial engineering, high leverage, or the idea that well-established rules of eco- nomics no longer apply. Why it matters Such misconceptions can undermine strategic decision making and slow down economies. What you should do about it Test decisions such as whether to undertake acquisitions, make dives- titures, invest in projects, or increase executive compensation against four enduring principles of corporate finance. Doing so will often require managers to adopt new practices, such as justifying mergers on the basis of their impact on cash flows rather than on earnings per share, holding regular business exit reviews, focusing on enterprise-wide risks that may lurk within individual projects, and indexing executive compensation to the growth and market performance of peer companies. 3 The CEO’s guide to corporate finance It’s one thing for a CFO to understand the technical methods of valuation—and for members of the finance organization to apply them to help line managers monitor and improve company performance. But it’s still more powerful when CEOs, board members, and other non- financial executives internalize the principles of value creation. Doing so allows them to make independent, courageous, and even un- popular business decisions in the face of myths and misconceptions about what creates value. -
Stock Broker Fiduciary Duties and the Impact of the Dodd-Frank Act Thomas Lee Hazen
NORTH CAROLINA BANKING INSTITUTE Volume 15 | Issue 1 Article 4 2011 Stock Broker Fiduciary Duties and the Impact of the Dodd-Frank Act Thomas Lee Hazen Follow this and additional works at: http://scholarship.law.unc.edu/ncbi Part of the Banking and Finance Law Commons Recommended Citation Thomas L. Hazen, Stock Broker Fiduciary Duties and the Impact of the Dodd-Frank Act, 15 N.C. Banking Inst. 47 (2011). Available at: http://scholarship.law.unc.edu/ncbi/vol15/iss1/4 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Banking Institute by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact [email protected]. STOCK BROKER FIDUCIARY DUTIES AND THE IMPACT OF THE DODD-FRANK ACT THOMAS LEE HAZEN* In recent years there has been concern about the sufficiency of broker-dealerregulation. The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 mandates the SEC to review and evaluate existing regulation and to adopt such rules as may be necessary to enhance existing regulation. Existing SEC and FINRA rulemaking addresses broker-dealer conduct, but by and large the regulation has been based on principles and standards rather than voluminous detailed rules specifying prohibited conduct. This article examines the extent to which additional regulation is warranted and whether to continue to rely on principles-based regulation, or whether there should be more explicit rules to heighten broker-dealer standards. The article concludes that although the existing framework for broker-dealer regulation is robust, it could be fine-tuned by possibly adding an express fiduciary duty requirement as well as more specific rule-based prohibitions. -
Outside Financing Capacity
Introduction Tirole’s Simple Credit Rationing Model Equity Multiplier Theory of Standard Debt Contracts Basic Assumptions (1) An entrepreneur (borrower). An investment project requiring fixed investment I. The entrepreneur has cash on hand (or liquid securities) A < I. To implement the project the entrepreneur needs (borrows) I − A. Robert J. Gary-Bobo Introduction Tirole’s Simple Credit Rationing Model Equity Multiplier Theory of Standard Debt Contracts Basic Assumptions (2) If undertaken the project either succeeds: verifiable income R > 0. Or the project fails: yields zero income. Let p denote the probability of success. The project is subject to moral hazard. Robert J. Gary-Bobo Introduction Tirole’s Simple Credit Rationing Model Equity Multiplier Theory of Standard Debt Contracts Basic Assumptions(3) The entrepreneur can exert high effort (work, take no private benefit), or zero effort (shirk, take a private benefit). Equivalently, the entrepreneur chooses between project with high or low probability of success. High effort yields p = pH ; low effort yields p = pL, with pL < pH . Denote ∆p = pH − pL. Low effort yields a private benefit B > 0 to the entrepreneur. (B can be interpreted as a disutility of effort). Robert J. Gary-Bobo Introduction Tirole’s Simple Credit Rationing Model Equity Multiplier Theory of Standard Debt Contracts Basic Assumptions (4) Borrower and lenders (investors) are risk-neutral. For simplicity, there is no time preference: investors require an interest rate equal to 0 (at least). The entrepreneur is protected by limited liability (income cannot be negative). Competition among lenders drive interest and profit to zero. Robert J. Gary-Bobo Introduction Tirole’s Simple Credit Rationing Model Equity Multiplier Theory of Standard Debt Contracts Basic Assumptions(5) The loan contract specifies how the profit is shared between borrower and lenders. -
The Professional Obligations of Securities Brokers Under Federal Law: an Antidote for Bubbles?
Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2002 The rP ofessional Obligations of Securities Brokers Under Federal Law: An Antidote for Bubbles? Steven A. Ramirez Loyola University Chicago, School of Law, [email protected] Follow this and additional works at: http://lawecommons.luc.edu/facpubs Part of the Securities Law Commons Recommended Citation Ramirez, Steven, The rP ofessional Obligations of Securities Brokers Under Federal Law: An Antidote for Bubbles? 70 U. Cin. L. Rev. 527 (2002) This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Faculty Publications & Other Works by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. THE PROFESSIONAL OBLIGATIONS OF SECURITIES BROKERS UNDER FEDERAL LAW: AN ANTIDOTE FOR BUBBLES? Steven A. Ramirez* I. INTRODUCTION In the wake of the stock market crash of 1929 and the ensuing Great Depression, President Franklin D. Roosevelt proposed legislation specifically designed to extend greater protection to the investing public and to elevate business practices within the securities brokerage industry.' This legislative initiative ultimately gave birth to the Securities Exchange Act of 1934 (the '34 Act).' The '34 Act represented the first large scale regulation of the nation's public securities markets. Up until that time, the securities brokerage industry4 had been left to regulate itself (through various private stock exchanges). This system of * Professor of Law, Washburn University School of Law. Professor William Rich caused me to write this Article by arranging a Faculty Scholarship Forum at Washburn University in the'Spring of 2001 and asking me to participate. -
Options and the Bubble
Options and the Bubble ROBERT BATTALIO and PAUL SCHULTZ* ABSTRACT Many believe that a bubble existed in Internet stocks in the 1999 to 2000 period, and that short-sale restrictions prevented rational investors from driving Internet stock prices to reasonable levels. In the presence of such short-sale constraints, option and stock prices could decouple during a bubble. Using intraday options data from the peak of the Internet bubble, we find almost no evidence that synthetic stock prices diverged from actual stock prices. We also show that the general public could cheaply short synthetically using options. In summary, we find no evidence that short-sale restrictions affected Internet stock prices. *Both authors, Mendoza College of Business, University of Notre Dame. We thank Morgan Stanley & Co., Inc. for financial support. The views expressed herein are solely those of the authors and not those of any other person or entity including Morgan Stanley. We thank an anonymous firm for providing the option data used in our analysis. We gratefully acknowledge comments from seminar participants at the University of North Carolina, the University of Notre Dame, the 2005 American Finance Association meetings, the 2005 Morgan Stanley Equity Microstructure Conference, the 2005 Western Finance Association meetings, Marcus Brunnermeier, Shane Corwin, Tim Loughran, Stewart Mayhew, Allen Poteshman, Matthew Richardson, Robert Whitelaw, and an anonymous referee. Prices of Nasdaq-listed technology stocks rose dramatically in the late 1990s, peaked in March 2000, and then lost more than two-thirds of their value over the next two years. Many of the largest price run-ups and subsequent collapses were associated with Internet stocks. -
Corporate Finance Lecture Note Packet 2 Capital Structure, Dividend Policy and Valuation
Aswath Damodaran 1 CORPORATE FINANCE LECTURE NOTE PACKET 2 CAPITAL STRUCTURE, DIVIDEND POLICY AND VALUATION Aswath Damodaran Spring 2016 Aswath Damodaran 2 CAPITAL STRUCTURE: THE CHOICES AND THE TRADE OFF “Neither a borrower nor a lender be” Someone who obviously hated this part of corporate finance First principles 3 Aswath Damodaran 3 The Choices in Financing 4 ¨ There are only two ways in which a business can raise money. ¤ The first is debt. The essence of debt is that you promise to make fixed payments in the future (interest payments and repaying principal). If you fail to make those payments, you lose control of your business. ¤ The other is equity. With equity, you do get whatever cash flows are left over after you have made debt payments. Aswath Damodaran 4 Global Patterns in Financing… 5 Aswath Damodaran 5 And a much greater dependence on bank loans outside the US… 6 Aswath Damodaran 6 Assessing the existing financing choices: Disney, Vale, Tata Motors, Baidu & Bookscape 7 Aswath Damodaran 7 8 The Transitional Phases.. 9 ¨ The transitions that we see at firms – from fully owned private businesses to venture capital, from private to public and subsequent seasoned offerings are all motivated primarily by the need for capital. ¨ In each transition, though, there are costs incurred by the existing owners: ¤ When venture capitalists enter the firm, they will demand their fair share and more of the ownership of the firm to provide equity. ¤ When a firm decides to go public, it has to trade off the greater access to capital markets against the increased disclosure requirements (that emanate from being publicly lists), loss of control and the transactions costs of going public. -
Who Regulates Whom? an Overview of the US Financial Regulatory
Who Regulates Whom? An Overview of the U.S. Financial Regulatory Framework Updated March 10, 2020 Congressional Research Service https://crsreports.congress.gov R44918 Who Regulates Whom? An Overview of the U.S. Financial Regulatory Framework Summary The financial regulatory system has been described as fragmented, with multiple overlapping regulators and a dual state-federal regulatory system. The system evolved piecemeal, punctuated by major changes in response to various historical financial crises. The most recent financial crisis also resulted in changes to the regulatory system through the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010 (Dodd-Frank Act; P.L. 111-203) and the Housing and Economic Recovery Act of 2008 (HERA; P.L. 110-289). To address the fragmented nature of the system, the Dodd-Frank Act created the Financial Stability Oversight Council (FSOC), a council of regulators and experts chaired by the Treasury Secretary. At the federal level, regulators can be clustered in the following areas: Depository regulators—Office of the Comptroller of the Currency (OCC), Federal Deposit Insurance Corporation (FDIC), and Federal Reserve for banks; and National Credit Union Administration (NCUA) for credit unions; Securities markets regulators—Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC); Government-sponsored enterprise (GSE) regulators—Federal Housing Finance Agency (FHFA), created by HERA, and Farm Credit Administration (FCA); and Consumer protection regulator—Consumer Financial Protection Bureau (CFPB), created by the Dodd-Frank Act. Other entities that play a role in financial regulation are interagency bodies, state regulators, and international regulatory fora. Notably, federal regulators generally play a secondary role in insurance markets. -
The Regulation of Short Sales and Its Reform
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Research Papers in Economics Forum THE REGULATION OF SHORT regime, which would eliminate the scope for aggres- sive speculation through uncovered positions. SALES AND ITS REFORM What’s the matter with short sales? EMILIOS AVGOULEAS* A broad definition of short sales would describe them as sales of securities which the seller does not Introduction own.1 Normally, the seller has borrowed the securi- ties concerned and engages in relevant transactions Short selling has long been regarded as an extreme against a commitment to buy the securities back later form of “casino capitalism” that destabilises financial at a lower price, returning also any borrowed shares markets, raising also concerns regarding their moral to the lender. foundations. Hostility against short selling gathered unstoppable momentum in September 2008 in the Short selling often appears as a risk free bet that middle of the market price collapse of financial sec- destabilises financial markets. Thus, it is viewed by tor stocks. Short sales were seen as the principal the public and the press as an extreme form of spec- cause of those precipitous falls. As a result, most ulation associated with the dark side of financial cap- developed market regulators declared a ban on short italism. The fact that hedge funds are among the sales in financial sector stocks. most aggressive short sellers only helps to reinforce this view, which was shared, at the height of the cri- However, a large number of empirical studies indi- sis, by regulators, policy makers, and senior bank cate that short sales are, in fact, a beneficial source of executives. -
What Is Corporate Finance? Includes Any Decisions Made by a Business
1 Lecture I What is Corporate Finance? Includes any decisions made by a business that affect its finances Three major decisions: • Investments: Where should a firm invest its (scarce) resources? - project analysis - security analysis • Financing: How should the firm raise (additional) resources? - equity/debt/hybrids - long/short term • Dividend decision: What should the firm do with excess resources? - reinvest in business - distribute as dividends/return on capital BAFI 402: Financial Management I, Fall 2001 A. Gupta 2 Lecture I Corporate Finance – a balance sheet perspective Balance Sheet Current Assets Current Liabilities Cash Accounts Payable Accounts Receivable Notes Payable Inventory Long-term Debt Fixed Assets Shareholder’s Equity Tangible Common Stock Intangible Retained Earnings Total Assets Total Liabilities & Equity _________________ ____________________ Investment decisions Financing decisions Two separate decisions BAFI 402: Financial Management I, Fall 2001 A. Gupta 3 Lecture I The objective of the firm Why do we need an objective function? - How do you pick amongst alternatives? (e.g. NPV rule for projects) - Single/multiple objectives – if multiple, how do you weight objectives, or prioritize? (e.g. man serving many masters!) What’s a good objective function? - clear and unambiguous (should not vary from case to case and person to person) - measurable, in a clear and timely manner (“social welfare” – how do you measure it?) - no side costs - should benefit firm’s long-term health and value What are some common candidates for the objective function of a corporate firm (and hence the financial manager?)? BAFI 402: Financial Management I, Fall 2001 A. Gupta 4 Lecture I The Corporate Objective • In traditional corporate finance , the objective of the firm is to maximize the value of the firm.