银行外汇项下表外融资高速增长背后的思考——关于"海外代付"及其衍生产品的合规性探讨

2009年以来,涉外企业"资产本币化,负债外币化"倾向明显,银行为企业提供的外汇贷款是企业实现这种财务安排的重要手段.随着自身外汇资源日益紧张,银行扩张外汇信用开始越来越多地依靠表外融资工具.在银行外汇项下表外融资金额及创新产品快速增加的同时,相关产品的合规性问题值得关注.本文以"海外代付"贸易融资及其衍生产品为例,深入剖析此类创新产品可能存在的问题.     

Perpetuating Uncertainty: The Anti‐Deprivation Principle and Contractual Rights in the Post‐Lehman World

This article considers the anti‐deprivation principle under English insolvency law, an issue which has received significant attention in the courts over the past couple of years, culminating most recently in the Supreme Court decision in Belmont Park Investments Pty Limited v BNY Corporate Trustee Services Limited [2011] UKSC 38. The article begins by observing that the evolution of the anti‐deprivation principle has resulted in the precise nature and scope of the rule becoming confused, particularly when applied to property comprising contractual rights. In response to this confusion, the article outlines a three‐pronged framework for the anti‐deprivation principle, derived from an empirical study of the case law up to and including Belmont. First, it is necessary to identify the asset that is being deprived. This involves two subsidiary questions, namely the extent to which individual contractual rights may constitute property capable of being deprived and determining whether specific contractual provisions either define the scope of the right or constitute dealing with the right. The second element involves determining whether there has been a deprivation. In the context of contractual rights, this includes any action that results in the insolvent company being deprived of the benefit of the right, whether that is by way of transfer, extinguishment or modification of the right. Finally, consideration must be given to whether there are any defences which apply to validate that deprivation. Four such defences are postulated — where the insolvent company receives fair value for the deprivation; where the deprivation is an unavoidable consequence of some other valid action; where the asset deprived is the quid pro quo for some other unperformed obligation of the insolvent company; and where the arrangements were entered into in good faith for a bona fide commercial purpose and without any intention to avoid the insolvency law. Copyright © 2011 John Wiley & Sons, Ltd.     

Evaluating Constructive Lease Capitalization and Off‐Balance‐Sheet Financing: An Instructional Case with FedEx and UPS

This case illustrates the effects of the proposed new lease standard by the Financial Accounting Standards Board and the International Accounting Standards Board on existing outstanding operating leases. Specifically, the case examines the effects of the proposal that all firms report existing operating leases as capital leases upon the initial adoption of the proposed standard. By applying a constructive capitalization model to two firms who rely on operating leases for financing, FedEx and UPS, we found that both companies would have to record billions of dollars of liabilities that had only appeared in the footnotes of their financial statements under the current lease standards. In addition, the firms would experience a decline in retained earnings and key financial ratios, such as the debt‐to‐equity, return‐on‐assets, and interest coverage ratios, by reporting operating leases as capital leases under the new proposed standard. Furthermore, the magnitude of the lease capitalization impact is much smaller for UPS than for FedEx.     

中小企业融资和银企关系问题探讨

中小企业是我国经济的重要组成部分,现已成为推动我国经济快速增长的重要生力军和维护社会稳定的一支重要力量。中小企业融资难由来已久,在新的一轮宏观调控中,企业特别是中小企业融资难和银企关系,再次成了人们关注的一个焦点问题。深入分析中小企业融资的困境和原因,以期找出一条解决中小企业融资难和重建新型银企关系的路子。     

Loss Sharing Rules for Bank Holding Companies: An Assessment of the Federal Reserve's Source‐of‐Strength Policy and the FDIC's Cross Guarantee Authority

In this article, we critically examine two policies designed to protect the deposit insurance funds—the Federal Reserve Board's source‐of‐strength policy and the FDIC's cross‐guarantee authority. We discuss why each of the policies was adopted and how effective each has been in practice since its implementation. We then evaluate the future application and usefulness of the two policies in light of the structural changes that have resulted from industry consolidation and the financial modernization of the 1990s.     

我国资本项目开放的策略选择和绩效评价

当各国逐步降低或消除了国际贸易的政策壁垒、实现了贸易的国际一体化后,世界资本流动的自由化就成为市场提高自身效率的必然要求和趋势。但各国由于经济发展水平和内部市场发展程度不同,从国家经济利益出发,开放资本项目采取了不同的路径。我国是在经济转型的同时逐步开放资本项目的,目前我国的资本项目开放遇到了汇率制度困境,需要考虑下一步资本项目开放的路径选择。     

Increased Disclosure Requirements and Corporate Governance Decisions: Evidence from Chief Financial Officers in the Pre‐ and Post–Sarbanes‐Oxley Periods

I study how increased internal control disclosure requirements mandated by the Sarbanes‐Oxley Act (SOX) affect annual corporate governance decisions regarding CFOs. Using non‐CEO, non‐COO executive officers as a control group, I find that CFOs of firms with weak internal controls receive lower compensation and experience higher forced turnover rates after the passage of SOX. In contrast, CFOs of firms with strong internal controls receive higher compensation and do not experience significant changes in forced turnover rates. These results are consistent with the “disclosure of type” hypothesis, which suggests that the mandatory internal control disclosures under SOX are a credible mechanism that effectively distinguishes good CFOs from bad ones by revealing the firm's internal control quality. The empirical evidence thus supports the notion that mandated increases in disclosure reduce information asymmetry in the executive labor market.     

我国央行票据和存款准备金政策冲销有效性的实证研究

在我国现行的外汇管理体制下,为应对外汇占款导致基础货币供应量的快速增长,同时实现人民币汇率和物价稳定的双重目标,央行采取发行央行票据和提高存款准备金率的方式来对冲外汇占款.本文通过建立VAR模型,对央行票据和提高存款准金率两种货币政策工具的冲销有效性进行了动态考察.研究表明,央行票据在短期内能够平抑物价的上涨,而存款准备金政策短期内效果并不明显,且央行票据的冲销效果明显优于存款准备金政策.     

Cross‐Border Bank M&As and Risk: Evidence from the Bond Market

The impact of cross‐border bank M&As on bank risk remains an open question. Though geographically diversifying bank M&As have the potential to reduce the risk of bank insolvency, they also have the potential to increase that risk due to the increase in risk‐taking incentives by bank managers and stockholders following these transactions. This paper empirically investigates whether cross‐border bank M&As increase or decrease the risk of acquiring banks as captured by changes in acquirers' yield spreads. This paper also investigates how differences in the institutional environments between bidder and target countries affect changes in yield spreads following M&A announcements. The study finds that bondholders, in general, perceive cross‐border bank M&As as risk‐increasing activities, unlike domestic bank mergers. Specifically, on average, yield spreads increase by 4.13 basis points following the announcement of cross‐border M&As. This study also finds that these yield spreads are significantly affected by the differences in investor‐protection and deposit insurance environments between the transacting countries. However, the study does not find that the regulatory and supervisory environment in the home countries of the transacting parties significantly affects the changes in yield spreads. The overall evidence suggests that regulators should judge the relative environment in both the home and the host countries in evaluating the associated risks of an active multinational financial institution and in setting the sufficiency of the banks' reserve positions.     

The Tax Knowledge of South African Trainee Accountants: A Survey of the Perceptions of Training Officers in Public Practice

This empirically-based, exploratory study outlines the framework of chartered accountants' tax education and training in South Africa and focuses on training officers' perceptions of the existing tax knowledge of trainee accountants when entering into a training contract after completing their university qualification. The study identified the respondents' satisfaction with the performance by ‘entry-level’ trainee accountants of their duties. The results indicated that, although the educational background of trainee accountants was for the most part adequate, these trainee accountants were not sufficiently able to perform their duties when entering into training. The implication of this study is that the syllabus setters and educators should review the practicality of the current tax syllabi's content for the education and training of aspirant chartered accountants in South Africa.     

Facts & figures: Financing nationalised industries: An international comparison; Continuity and change in industrial support

Public management cannot be reduced to a set of mechanical components. The art of judgment is required to resolve a series of dilemmas concerning equity, rationing, discretion and values. Management and politics are inextricably linked in this process, and divorcing them impoverishes both.     

The Perceptions and Determinants of Auditing and Reporting Quality in the Asia‐Pacific Region

A country's institutional environment significantly influences perceptions of auditing and reporting quality (ARQ) at the national level. Relying on a relatively unique measure of ARQ, collated by the World Economic Forum, we evaluate the influence of nine key isomorphic pressures on the ARQ in 26 Asia‐Pacific countries. The results suggest that six of these (the efficacy of the corporate board, securities exchange regulations, reliance on professional management, protection of minority interests, adoption of international financial reporting and prevalence of foreign ownership) have a highly significant influence on the perception of ARQ whereas adoption of international standards on auditing is only moderately significant. However, contrary to expectations, our findings do not support the argument that the efficiency of legal frameworks and political systems significantly influences the perceptions of auditing and reporting quality in the Asia‐Pacific region. These results should be of use to investors and the accounting profession in evaluating economic environments.     

Bank acquisition of mortgage firms and stockholders' wealth: An empirical analysis

This paper examines the behavior of the returns on the securities of bank holding companies (BHCs) acquiring mortgage firms after the announcement of such an acquisition and the release of the Federal Reserve Board's decision. The stockholders of acquiring BHCs do not realize abnormal returns following the announcement of the acquisition of a mortgage firm. This reconfirms previous findings in unregulated industries and is consisten with the hypothesis that any economic rent which is generated by such an acquisition is captured by the acquired mortgage firm: This implies that there exist BHCs — other than the acquiring one — that could also affect a profitable merger with the mortgage firm. Another finding is that stockholders of BHCs that were 3enied permission to acquire mortgage firms sustained significant losses during the five weeks following the Board's decision.     

It Takes Two: The Incidence and Effectiveness of Co‐CEOs

This study examines the phenomenon of co‐CEOs within publicly traded firms. Although shared executive leadership is not widespread, it occurs within some very prominent firms. We find that co‐CEOs generally complement each other in terms of educational background or executive responsibilities. Our results show that firms most likely to appoint co‐CEOs have lower leverage, a more limited firm focus, less independent board structure, fewer advising directors, lower institutional ownership, and greater levels of merger activity. The governance structure of co‐CEO firms suggests that co‐CEOships can serve as an alternative governance mechanism, with co‐CEO mutual monitoring substituting for board or external monitoring and co‐CEO complementary skills substituting for board advising. An event study indicates that the market reacts positively to appointments of co‐CEOs while a propensity score analysis shows that the presence of co‐CEOs increases firm valuation.     

Bank Leverage and Monetary Policy's Risk‐Taking Channel: Evidence from the United States

We present evidence of a risk‐taking channel of monetary policy for the U.S. banking system. We use confidential data on banks’ internal ratings on loans to businesses over the period 1997 to 2011 from the Federal Reserve's Survey of Terms of Business Lending. We find that ex ante risk‐taking by banks (measured by the risk rating of new loans) is negatively associated with increases in short‐term interest rates. This relationship is more pronounced in regions that are less in sync with the nationwide business cycle, and less pronounced for banks with relatively low capital or during periods of financial distress.     

Bank Panics,Government Guarantees,and the Long‐Run Size of the Financial Sector: Evidence from Free‐Banking America

Governments attempt to increase the confidence of financial market participants by making implicit or explicit guarantees of uncertain credibility. Confidence in these guarantees presumably alters the size of the financial sector, but observing the long‐run consequences of failed guarantees is difficult. We look to America's free‐banking era and compare the consequences of a broken guarantee during the Indiana‐centered Panic of 1854 to the Panic of 1857 in which guarantees were honored. Our estimates of a model of endogenous market structure indicate substantial negative long‐run consequences to financial depth when panics cast doubt upon a government's ability to honor its guarantees.       

Bank fragility, “money under the mattress”, and long-run growth: US evidence from the “perfect” Panic of 1893

This paper examines how the US financial crisis of 1893 affected state output growth between 1900 and 1930. The results indicate that a 1% increase in bank instability reduced output growth by 2–5%. A comparison of Nebraska, which had one of the highest bank failure rates, with West Virginia, which did not experience a single bank failure, reveals that disintermediation affected growth through a portfolio change among savers: people simply stopped trusting banks. Time series evidence from newspapers indicates that articles containing the words “money hidden” significantly increase after banking crises, then slowly die out.