‘Bankruptcy tourism’ under the EC regulation on insolvency proceedings: A view from England and Wales

This article provides an account of the emergent phenomenon of ‘bankruptcy tourism’—forum shopping by debtors for favourable personal insolvency law—within the EU and with particular reference to England and Wales. After outlining the structural features of the European legal framework that make forum shopping for personal insolvency law possible, including the EC Regulation on Insolvency Proceedings and explaining why England and Wales in particular has proved to be an attractive ‘tourist’ destination, the article charts how the official receivers and the courts in England and Wales have sought to manage the influx of foreign bankruptcies in terms of legal principle and process drawing on two reported cases, Eichler and Mitterfellner. It will be seen that the institutional response in England and Wales has been twofold. First, the ‘problem’ of forum shopping debtors has been framed as a problem of policing the line between genuine and fictional relocations. Secondly, there are signs that the procedural onus on debtors to evidence their claim to English jurisdiction before a bankruptcy order is made has been increased, a move that can be interpreted as a form of institutional resistance designed to raise the barrier to entry. Having sought to illuminate the problems, costs and inconvenience associated with forum shopping from a practitioner standpoint, we explore the ‘good’ versus ‘bad’ forum shopping question and consider the scope for reform of the EC Regulation. Adopting a creditor perspective, we conclude provisionally that the Regulation could usefully be reformed to limit the scope for insolvent debtors to switch their COMI in anticipation of filing for bankruptcy. Copyright © 2010 John Wiley & Sons, Ltd.     

Mean–variance portfolio selection with ‘at-risk’ constraints and discrete distributions

We examine the impact of adding either a VaR or a CVaR constraint to the mean–variance model when security returns are assumed to have a discrete distribution with finitely many jump points. Three main results are obtained. First, portfolios on the VaR-constrained boundary exhibit (K + 2)-fund separation, where K is the number of states for which the portfolios suffer losses equal to the VaR bound. Second, portfolios on the CVaR-constrained boundary exhibit (K + 3)-fund separation, where K is the number of states for which the portfolios suffer losses equal to their VaRs. Third, an example illustrates that while the VaR of the CVaR-constrained optimal portfolio is close to that of the VaR-constrained optimal portfolio, the CVaR of the former is notably smaller than that of the latter. This result suggests that a CVaR constraint is more effective than a VaR constraint to curtail large losses in the mean–variance model.     

Asking ‘Why’ in AI: Explainability of intelligent systems – perspectives and challenges

Recent rapid progress in machine learning (ML), particularly so‐called ‘deep learning’, has led to a resurgence in interest in explainability of artificial intelligence (AI) systems, reviving an area of research dating back to the 1970s. The aim of this article is to view current issues concerning ML‐based AI systems from the perspective of classical AI, showing that the fundamental problems are far from new, and arguing that elements of that earlier work offer routes to making progress towards explainable AI today.     

Firm Characteristics,Shareholder Sophistication and the Incidence of a ‘First Strike’ Under the ‘Two Strikes’ Rule in Australia

To restrain ‘excessive’ executive pay, Australia introduced new legislation in 2011, commonly known as the ‘two strikes’ rule. This rule has predictable consequences for publicly listed firms and their directors. In this study, we investigate which firm characteristics are associated with the incidence of a ‘first strike’ under the two strikes rule. We find that the incidence of a first strike is positively associated with higher levels of CEO pay, lower ownership concentration, smaller firm size, higher level of institutional ownership and CEO duality. Additional analysis suggests that shareholders fail to differentiate between CEO pay, which is related to the economic characteristics of a firm, and the pay that is not related to firm characteristics. This finding suggests that, unlike US shareholders, Australian shareholders do not appear to have a sophisticated understanding of CEO pay structure.     

Discovering the ‘international’ in accounting and finance

As higher education in accounting and finance moves increasingly in the direction of internationalisation of degree programmes and student populations, this paper reflects on the ways in which contemporary research contributes to the academic community's understanding of the rich potential of evidence available on international convergence and diversity.Reviews of research published in recent years have pointed to strong parochiality in the research questions and data choices of many researchers. This paper looks for a meta-structure of cross-sectional international comparisons across a range of papers at one point in time. Research papers of 2005 are selected from eight journals giving a broad coverage of subject matter.A cultural framework is proposed as a basis for an ethnographic view of the data and findings of empirical research papers. Cultural diversity is found as an explicit discussion in some papers but others are silent or even apologetic for cultural differences.Country-specific studies reveal the potential for comparative studies on a wider geographical basis but the achievement of such an aim will require the academic research community (editors, reviewers and authors) to show flexibility in dealing with smaller data sets and greater uncertainty about the nature of accounting information. Most importantly this review shows the considerable wealth of interest waiting for those who take time to peruse academic journals.     

‘57 Varieties of Serious Defect in IFRS?’

In a previous issue of this journal, Haswell and Langfield‐Smith (HLS) recorded 57 ‘serious defects' in IFRS. This commentary suggests that some of these are not defects and some others are not serious. Points are also made about the different implementation dates of standards in Australia compared to elsewhere, and about HLS's comparison of IFRS and previous Australian standards. HLS's conclusion that IFRS is not yet ready for world‐wide adoption is challenged on the grounds that a world standard is already needed for listed companies and that no plausible alternative to IFRS would be better.     

A ‘time–space odyssey’: management control systems in two multinational organisations

This paper analyses the effects of implementing an Enterprise Resource Planning system (ERP) upon management control in two multinational organisations. How ERP was configured in each corporation created different forms of distance and relations between headquarters and the scattered subsidiaries. The construction of spatial and temporal separations (i.e. distance) and how they were understood and managed had profound effects on management control. In one organisation the ERP reproduced existing structures and distance which permitted conventional accounting controls based on action at a distance to be maintained. The second organisation used ERP to collapse distance through real-time information in a matrix structure. This did not increase centralisation but rather produced constantly changing loci of control and managerial feelings of ‘minimalist’ control.     

The effects of devaluation on the trade balance: A critical view and re- examination of Mile's ‘new results’

In a often cited article, Miles (1979) claims to have shown empirically the validity of the global monetarist proposition that devaluations do not affect the balance of trade. This paper first uses Mile's own framework of analysis to reveal serious deficiencies in his methodology and tests that cast doubt on the validity of his results. In a respecified trade balance equation, we show that devaluations do affect the trade balance in the traditionally predicted direction. The pivotal difference between the two specifications arises from our inclusion of relative-price effects and longer lag structure for the exchange-rate variable.     

Telework remains ‘made to measure’ The large-scale introduction of telework in the Netherlands

About 25% of all jobs in the Netherlands can be done in telework. We cannot give a quantitative overview of the costs and benefits of telework, partly due to the ‘made to measure’ quality of telework projects, but a qualitative overview shows that overall telework will be beneficial both on the micro and macro level, provided its introduction is voluntarily for all involved. The main barrier to the introduction is that organizations do not know enough about the implementation process. Considering the differences between organizations, a large-scale introduction of telework can be stimulated by creating a large variety of telework examples. Telework will have to remain ‘made to measure’.     

Re-framing a ‘subfusc’ Institute: Building on the past for the future at Chartered Accountants’ Hall, London, 1965–1970

The study which follows traces the circumstances surrounding the rebuilding of Chartered Accountants’ Hall, London, from ca. 1965 to 1970, in order to show how the Institute of Chartered Accountants in England and Wales consciously utilised the architecture of its remodelled headquarters for status-building purposes and for adjusting public perceptions of its role in society. It proceeds by outlining the Hall's prehistory, dealing with the earlier use of architectural effect by the Institute to build its status when Chartered Accountants’ Hall was first built in 1893. Setting the Hall's extension in the context of post-World War II Britain and a rapidly expanding Institute, it details the practicalities associated with the rebuilding; it also outlines the architectural climate of the times and reveals the architect's design ideas and use of architectural metaphors and iconography for status building and related purposes. The study makes clear the role of key individuals within the Institute in forwarding the project, as well as emphasising the unique, creative contribution of the architect. It also offers some refinements to the findings of Macdonald (1989) and McKinstry (1997) concerning the role and use of professional headquarters as status symbols.     

The role of international banking in the ‘oil surplus’ adjustment process

In the rapidly changing and dramatically volatile oil market in which the balances of payments of the various countries are characterized by an unpreeendented variability, the role of international banks in the intermediations between countries, has been crucial. The stabilization function of the banking system which is instrumental in allowing a more rational oil production policy and investment policy has been since 1980 under considerable stress due to a decline of deposits. In this paper we shall first analyze the general framework of the problem and then the specific decision process of the banking system by emphasizing the differences between micro- and macroeconomic aspects.     

A new statutory director’s duty for Australia — a ‘duty’ to be concerned about employee entitlements in the insolvent corporation

Australia has introduced legislation that is aimed at preventing a person from entering into agreements or conducting transactions with the intention of defeating the recovery of employee entitlements. It is essentially aimed at directors and their behaviour in the pre‐appointment period. This paper discusses the history leading up to such a legislative move and the likely benign impact now that the Corporations Act in Australia prohibits such behaviour. Further, the paper argues that mooted changes to the legislation giving employees a ‘maximum priority’ ahead of secured creditors is unnecessary. Copyright © 2003 John Wiley & Sons, Ltd.     

Institutional sustainability: ‘community’ and waste management in Zimbabwe

This article addresses sustainability as a social process. In doing so it extends beyond the Brundtland notion of present and ‘future generations’ to grapple with the divergent social worlds in which the term is constructed by different actors. It is thus concerned with how learning can take place within development interventions to enable actors to build new norms and behaviours which cut across social divides. A framework has been developed to (i) explore and make explicit the assumptions held by stakeholders; (ii) develop an awareness of the nature and practices of accountability; (iii) build an understanding of cause and effect (attribution) in relation to action. It is suggested that structured participation in these processes can help to build inter-organizational and inter-associational learning which can provide the basis for new norms and behaviours stretching beyond the formal life of any intervention (institutional sustainability). The article draws on research from Zimbabwe, however it is suggested that the framework can have applicability in many situations.     

Creating a profession ‘out of nothing’? The case of the Belgian auditing profession

This paper presents the results of a study on the emergence and development of an auditing profession in Belgium in the late 1940s and 1950s. Recent research on Anglo-Saxon professions stresses the role of the state in their development. In continental European contexts, the state played an even more significant role, and civil servants in public administration often served as a model for professional organization and behaviour. The main parties that were involved in the creation of the Belgian auditing profession were the state, the employers and the unions. The state maintained a separation between the Belgian profession of independent auditors, the reviseurs d'entreprises, and the associations of accounting professionals, the experts comptables, who tried first to prevent the creation of an auditing profession and then to obtain control over it. This paper demonstrates that the parties in the debate supported different professional models, depending on what they considered the main role of the auditors to be. The debates preceding and following the introduction of the profession focused on the autonomy and structure of the profession, the services to be provided by the auditors, and access to the profession.     

‘Knowledge Preservation in Accounting’: Does It Deserve to Be Preserved?

This is my third in a series of critical pieces on the accounting education field. The first, ‘What Accounting Can Learn from Legal Education’, was published in Issues in Accounting Education (Fall 1987) and dealt with the problems resulting from teaching accounting as a science. The second, ‘Wisdom or Widgets: Whither the School of Business?’ (Abacus, September 1988) dealt with the price we pay in our research for our obsession with quantitative methods. The current piece evaluates Robert Bricker's 1988 article in this journal.