Hedge Fund Activism Corporate Governance And Corporate Law PDF Download
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| Author | : Dionysia Katelouzou |
| Publisher | : |
| Total Pages | : |
| Release | : 2013 |
| Genre | : |
| ISBN | : |
Download Hedge Fund Activism, Corporate Governance and Corporate Law Book in PDF, ePub and Kindle
This study investigates the brand of shareholder activism hedge funds deploy by reference to a unique hand-collected dataset of 11 years' activist hedge funds' campaigns across 25 countries. The analysis has two core elements, one of which is to chart the emergence of hedge fund activism outside the United States and the other being to account why hedge fund activism has developed differently across the sample countries. Both issues have been to date only tangentially explored. This study is the first one to seek to determine the extent to which corporate law is a determinant of the hedge fund activism phenomenon using a fresh approach which combines theoretical and comparative legal analysis with empirical methods. While a single variable is unlikely to account for the emergence of hedge fund activism, the study describes hedge fund activism as a game of three sequential stages as a heuristic device and identifies market and legal parameters for each stage. To test the hypotheses advanced for the emergence of hedge fund the study draws upon the law and finance literature. For instance, to account to what extent the rights bestowed on shareholders by corporate law influence hedge fund activism the study uses the CBR shareholder rights index. The results indicate that the extent to which law matters depends on the stage which activism has reached. The study also puts hedge fund activism in its corporate governance context. Activist hedge funds' interventions have been envisioned as a mechanism for ensuring effective control of managerial discretion. Opponents of hedge fund activism contend, however, that this new breed of activists has a dark side that raises various concerns. Activist hedge funds have been considered: as exacerbating short-termism; as being mainly aggressive to the incumbents; as bearing similarities to the 1980s-raiders; and as engaging in distorting equity decoupling techniques. The study presents new empirical data that shows that the perceived negative side-effects of hedge funds activism are greatly exaggerated: they are myths. Cumulatively, these findings question whether hedge fund activism warrants any type of legislative response so far as the goal of shareholder value maximization is succeeded.
| Author | : Alon Brav |
| Publisher | : Now Publishers Inc |
| Total Pages | : 76 |
| Release | : 2010 |
| Genre | : Business & Economics |
| ISBN | : 1601983387 |
Download Hedge Fund Activism Book in PDF, ePub and Kindle
Hedge Fund Activism begins with a brief outline of the research literature and describes datasets on hedge fund activism.
| Author | : John Buchanan |
| Publisher | : Cambridge University Press |
| Total Pages | : 389 |
| Release | : 2012-05-24 |
| Genre | : Business & Economics |
| ISBN | : 1107379318 |
Download Hedge Fund Activism in Japan Book in PDF, ePub and Kindle
Hedge fund activism is an expression of shareholder primacy, an idea that has come to dominate discussion of corporate governance theory and practice worldwide over the past two decades. This book provides a thorough examination of public and often confrontational hedge fund activism in Japan in the period between 2001 and the full onset of the global financial crisis in 2008. In Japan this shareholder-centric conception of the company espoused by activist hedge funds clashed with the alternative Japanese conception of the company as an enduring organisation or a 'community'. By analysing this clash, the book derives a fresh view of the practices underpinning corporate governance in Japan and offers suggestions regarding the validity of the shareholder primacy ideas currently at the heart of US and UK beliefs about the purpose of the firm.
| Author | : John C. Coffee |
| Publisher | : |
| Total Pages | : 108 |
| Release | : 2016-02-10 |
| Genre | : Corporate governance |
| ISBN | : 9781680830767 |
Download The Wolf at the Door Book in PDF, ePub and Kindle
The Wolf at the Door: The Impact of Hedge Fund Activism on Corporate Governance has three basic aims: to understand and explain the factors that have caused an explosion in hedge fund activism; to examine the impact of this activism; and to survey and evaluate possible legal interventions with an emphasis on the least restrictive alternative.
| Author | : Ekrem Solak |
| Publisher | : Routledge |
| Total Pages | : 237 |
| Release | : 2020-05-04 |
| Genre | : Law |
| ISBN | : 1000069745 |
Download Shareholder Activism and the Law Book in PDF, ePub and Kindle
This book provides a complete framework for contemporary shareholder activism and its implications for US corporate governance, which is based on director primacy theory. Under director primacy theory, shareholders do not wish to be involved in the management of the company; in the rare event that they wish to be involved, it is considered a transfer of power from the board of directors to shareholders, which in turn reduces the efficiency of centralised decision-making in public companies. However, this book demonstrates that shareholders do not use their power to transfer corporate control from the board to themselves, and that some form of shareholder activism is even collaborative, which is a new paradigm for US corporate governance. This book shows that while monitoring remains a key contribution of shareholders, they also bring new informational inputs to corporate decision-making that could not be obtained under the traditional board model. Accordingly, contemporary shareholder activism enhances the board’s decision-making and monitoring capacity, without undermining the economic value of the board's authority. Therefore, this book argues that the complete approach of contemporary shareholder activism should be accommodated into US corporate governance. In doing so, this book considers not only legal and regulatory developments in the wake of the 2007–2008 financial crisis, but also the governance developments through by-law amendments. Furthermore, the author makes several recommendations to soften the current director primacy model: establishing a level playing field for private ordering, adopting the proxy access default regime, the majority voting rule, the universal proxy rules, and enhancing the disclosure requirements of shareholders. The book will be of interest to academics and students of corporate governance, both in the US and internationally.
| Author | : Iris H-Y Chiu |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 204 |
| Release | : 2010-10-12 |
| Genre | : Law |
| ISBN | : 1847316042 |
Download The Foundations and Anatomy of Shareholder Activism Book in PDF, ePub and Kindle
The Foundations and Anatomy of Shareholder Activism examines the landscape of contemporary shareholder activism in the UK. The book focuses on minority shareholder activism in publicly listed companies. It argues that contemporary shareholder activism in the UK is dominated by two groups; one, the institutional shareholders whose shareholder activism is largely seen as a driving force for good corporate governance, and two, the hedge funds whose shareholder activism is based on value extraction and exit. The book provides a detailed examination of both types of shareholder activism, and discusses critically the nature of, motivations for and consequences following both types of shareholder activism. The book then locates both types of shareholder activism in the theory of the company and the fabric of company law, and argues that institutional shareholder activism based on exercising a voice at general meetings is well supported in theory and law. The call for institutions to engage in more informal forms of activism in the name of 'stewardship' may bring about challenges to the current patterns of activism that institutions engage in. The book argues, however, that a more cautious view of hedge fund activism and the pattern of value extraction and exit should be taken. More empirical evidence is likely to be necessary, however, to weigh up the long terms benefits and costs of hedge fund activism.
| Author | : John Buchanan |
| Publisher | : Cambridge University Press |
| Total Pages | : 389 |
| Release | : 2012-05-24 |
| Genre | : Business & Economics |
| ISBN | : 1107016835 |
Download Hedge Fund Activism in Japan Book in PDF, ePub and Kindle
Charts the rise and fall of confrontational hedge fund activism in Japan.
| Author | : William Bratton |
| Publisher | : OUP Oxford |
| Total Pages | : 924 |
| Release | : 2015-08-20 |
| Genre | : Law |
| ISBN | : 0191039799 |
Download Institutional Investor Activism Book in PDF, ePub and Kindle
The past two decades has witnessed unprecedented changes in the corporate governance landscape in Europe, the US and Asia. Across many countries, activist investors have pursued engagements with management of target companies. More recently, the role of the hostile activist shareholder has been taken up by a set of hedge funds. Hedge fund activism is characterized by mergers and corporate restructuring, replacement of management and board members, proxy voting, and lobbying of management. These investors target and research companies, take large positions in `their stock, criticize their business plans and governance practices, and confront their managers, demanding action enhancing shareholder value. This book analyses the impact of activists on the companies that they invest, the effects on shareholders and on activists funds themselves. Chapters examine such topic as investors' strategic approaches, the financial returns they produce, and the regulatory frameworks within which they operate. The chapters also provide historical context, both of activist investment and institutional shareholder passivity. The volume facilitates a comparison between the US and the EU, juxtaposing not only regulatory patterns but investment styles.
| Author | : Bernard S. Sharfman |
| Publisher | : |
| Total Pages | : 42 |
| Release | : 2017 |
| Genre | : |
| ISBN | : |
Download A Theory of Shareholder Activism and Its Place in Corporate Law Book in PDF, ePub and Kindle
Offensive shareholder activism (more commonly known as hedge fund activism) can be understood as a corrective mechanism in the governance of a public company. The legitimacy of offensive shareholder activism as a corrective mechanism is based on numerous empirical studies that have found this type of activism to be both wealth enhancing for shareholders and performance enhancing for the target companies. A non-empirical argument can also be made in support of offensive shareholder activism that focuses on the ability of the board of directors to act as impartial arbitrator deciding between the advices provided by executive management and the activist hedge fund. Recognizing the value of offensive shareholder activism in the decision making of a public company allows for the following theory of shareholder activism: Shareholder activism is a valuable asset in and of itself if the purpose of such activism is to correct managerial inefficiencies. This new theory is built on the foundation of Henry Manne's market for corporate control.The implications for corporate law are significant. If corporate law does not recognize offensive shareholder activism as a corrective mechanism, then the benefits of such activism in terms of enhancing the managerial efficiency of public companies and increasing shareholder wealth may become significantly reduced. To facilitate this recognition, this Article provides new thinking on how Delaware's Unocal test and Blasius standard of review should be applied by the Courts when the Board takes action to minimize the influence of activist hedge funds. Under both standards of review it is argued that corporate law should always take a skeptical view of any Board action taken to directly or indirectly mitigate the influence of this type of activism. This approach is not about shifting decision making authority from the Board to activist hedge funds, but simply putting limits on the Board's ability to use the legal system to thwart the influence of hedge fund activism in a public company's decision making process.
| Author | : Jeffrey Neil Gordon |
| Publisher | : Oxford University Press |
| Total Pages | : 1217 |
| Release | : 2018 |
| Genre | : Business & Economics |
| ISBN | : 0198743688 |
Download The Oxford Handbook of Corporate Law and Governance Book in PDF, ePub and Kindle
Corporate law and governance are at the forefront of regulatory activities worldwide, and subject to increasing public attention in the wake of the Global Financial Crisis. Comprehensively referencing the key debates, the Handbook provides a much-needed framework for understanding the aims and methods of legal research in the field.
