Financial Contracting Theory Meets the Real World: An Empirical Analysis of Venture Capital Contracts

We compare the characteristics of real-world financial contracts to their counterparts in financial contracting theory. We do so by studying the actual contracts between venture capitalists (VCs) and entrepreneurs. The distinguishing characteristic of VC financings is that they allow VCs to separately allocate cash flow rights, board rights, voting rights, liquidation rights, and other control rights. We describe and measure these rights. We then interpret our results in relation to existing financial contracting theories. We also describe the interrelation and the evolution across financing rounds of the different rights.     

The South African brain drain: An empirical assessment

There is no reliable data on the extent of South African skilled emigration and return migration. Statistics South Africa stopped collecting emigration data more than a decade ago. This paper provides data from the turn of the century collected in the countries to which South Africans emigrate. It first provides detailed data on emigration to the United Kingdom, Australia, New Zealand, Canada and the United States – the main destinations for emigrants from South Africa. It then provides estimates for the United Arab Emirates. Finally, it presents data for twenty-five other OECD countries. By contrast with widespread claims that there has been a very large brain gain as South Africans have returned following the global financial crisis, it shows that there was still a net brain drain, albeit at a slower pace. The most recent data suggest that the rate of emigration may be accelerating again.

Abbreviations: OECD: Organisation for Economic Co-operation and Development     

THE STATE OF U.S. CORPORATE GOVERNANCE: WHAT'S RIGHT AND WHAT'S WRONG?

Largely as a result of failures at Enron, WorldCom, Tyco, and other prominent American companies, U.S. corporate governance practices have come under attack. These much publicized failures and the resulting popular outcry have served as catalysts for legislative and regulatory changes that include the Sarbanes‐Oxley Act of 2002 and new governance guidelines from the NYSE and NASDAQ. But is the U.S. corporate governance system really as bad as critics suggest? And will the recent legislative and regulatory changes lead to a more effective system? The authors begin by noting that the broad evidence is not consistent with a failed U.S. governance system. During the past two decades, the U.S. economy and stock market have performed well both on an absolute basis and relative to other countries, even in the wake of the corporate scandals in 2001. Moreover, the most notable changes in U.S. corporate governance in the 1980s and 1990s‐including the institutionalization of U.S. share‐holders and the dramatic increase in equity‐based pay‐have served mainly (though not always) to strengthen the accountability of U.S. managers to their shareholders. The authors' message, then, is that while parts of the U.S. corporate governance system gave way under the exceptional strain created by the bull market of the 1990s, the overall system‐which includes corrective market forces as well as oversight by the public and government‐has reacted quickly and decisively to address its weaknesses. The net effect of the recent legislative and regulatory changes has been to make a good governance system an even better one. But, as the authors caution, perhaps the greatest risk now facing the U.S. financial market system (of which corporate governance is a critical part) is that of overregulation.     

Guest Editorial: Business Ethics in the Era of Artificial Intelligence

Journal of Business Ethics -     

Residential Mortgage Markets: Current Developments and Future Prospects

Historical developments as well as current innovations have generated significant changes in the structure and operation of the residential mortgage market. General economic stability, a low inflation rate, growth of savings and loan associations, and strong consumer demand marked the fifteen-year period immediately following World War II. In contrast, the decade of the sixties was characterized by increased competition in the mortgage market, a series of credit crunches, and increased governmental activity. In reaction to these and related developments, current innovations affecting the mortgage market focus on design of new mortgage instruments, improvements in market efficiency, and reform of financial institutions. If history is a guide, it suggests that the residential mortgage market responds flexibly to adverse conditions.