Washington and Lee Law Review Volume 41 | Issue 3 Article 6 Summer 6-1-1984 Corporate Morality and Management Buyouts Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Business Organizations Law Commons, and the Securities Law Commons Recommended Citation Corporate Morality and Management Buyouts, 41 Wash. & Lee L. Rev. 1015 (1984), https://scholarlycommons.law.wlu.edu/wlulr/vol41/iss3/6 This Note is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact
[email protected]. CORPORATE MORALITY AND MANAGEMENT BUYOUTS In response to a perceived opportunity for corporate management to share in the success of their companies,' management groups have been increasingly active in acquiring ownership of public companies through the use of manage- ment buyout transactions.' A management buyout transaction is any process by which the management of a public corporation acquires enough of the cor- poration's outstanding shares to convert the formerly public corporation into a private company. 3 By using the corporation's assets as collateral for loans to finance the buyout, corporate management alone or with other investors can leverage" a buyout of the corporation without risking substantial personal assets.5 Leveraged buyouts, therefore, are particularly attractive to manage- ment as a technique for acquiring significant equity interests in the companies for which they labor.6 In addition to providing management with an attrac- tive method of acquiring corporate ownership, management buyouts frequently result in gains in corporate performance by creating greater incentives for 1.