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Why Protecting Minority Shareholders Builds Stock Markets

October 06, 2015 / 09:37

This episode discusses minority shareholder protections, equity market development, and the impact of legal frameworks on investment. Guest speaker from the Wharton School shares research findings.

The conversation highlights the differences in equity market sizes across countries, particularly between the US, UK, and emerging markets in Eastern Europe and Asia. The guest explains how strong protections for minority shareholders lead to larger, more dynamic stock markets.

Key findings reveal that many countries have improved their legal protections for minority shareholders since the 1990s. However, the guest emphasizes that merely adopting laws is insufficient; enforcement is crucial for achieving desired market growth.

The discussion also touches on the implications for investors and policymakers, stressing the importance of understanding legal frameworks when investing in different countries. The guest encourages listeners to consider these factors in their investment decisions.

Finally, the episode mentions plans to further investigate the effects of financial crises on minority shareholder protections and market dynamics.

TLDR

Strong minority shareholder protections lead to more dynamic equity markets, according to research from the Wharton School.

Episode

9:37
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so we all know that financial markets and in particular equity markets don't
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develop every way in the world to the same extent we know that the US or the UK have very large equity markets and
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other countries have much smaller equity markets and my research addresses one of
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the reasons why we see those differences in the size and the vibrancy the dynamism of equity markets which is the
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extent to which the interests of minority shareholders are protected the argument is that when you have strong
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protections for the interest of minority shareholders then more people are willing to invest money in the stock
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market and as a result what you get is a larger stock market with more turnover and higher capitalization and more
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dynamism so what we did in this research is we coded the legislation exist in different
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countries since 1970 all the way to the present and we looked for legal provisions that protect the interest of
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minority shareholders and what we found was that at the beginning back in the 1970s the US and the UK and other
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countries that have a common law legal system having placed very strong protections for minority shareholders
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but then beginning the 1990s and especially over the last 15 years countries in Eastern Europe countries in
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Asia even some countries in Africa that used to have very very weak protections of minority shareholders change their
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legislation and they introduced actually quite strong protections and in some cases stronger than those present in the
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United States or the UK so in addition to finding that countries that didn't
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use to have strong legal protections now have them we also found that adopting the legal provisions defending the
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minority shareholders is not enough that you also need to enforce those kinds of
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regulations protecting minority shareholders and that is a very important finding because essentially it
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means that you know a lot of countries out there introduced these reforms for show only for so as window dressing but
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it's also important to follow up with enforcement otherwise you don't get the
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expected results which is you know the growth of stock market capitalization and a more dynamic equity market
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for me the biggest surprise coming out of this research project that was what happened in Eastern Europe and the
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former Soviet republics also including Russia itself because as you know most of these countries became independent in
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the 1990s so they didn't have their own separate corporate legislation and they
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were very aggressive in terms of introducing very advanced laws that protected minority shareholders and my
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assumption going in was that the in these countries actually the effects wouldn't be that great in terms of stock
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market development because I thought they were just adopting these things you know for fun they were just adopting
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these things to tell the IMF that they as they were introduced in reforms they were adding all of these new legal
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provisions just because they failed that it was the right thing to do so I was surprised to see that even within that
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set of countries right we're talking about maybe 20 or 25 countries in Eastern Europe and you know the former
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Soviet republics you observed that the implementation of these laws has resulted in the growth of a stock market
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which is something that I don't think most people would have expected and I certainly was not expecting
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well I think my reach has implications for both practitioners especially investors and for
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policymakers so let's start with investors for investors we all know that the world has become one big marketplace
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and essentially capital is chasing the best returns but obviously you also need to take into consideration the legal
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framework is not the same to invest in the US equity market as it is to invest let's say in the Nigerian equity market
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or in the Chinese equity market and that's for a variety of reasons what my research does is it you know cause the
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attention to the importance of legal institutions because at the end of the day portfolio investors they want to be
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protected they want to be able to sue they want to be able to have legal mechanisms at their disposal if they
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believe that they've been taken for a ride that's the implication for investors I offer them a map and in fact
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anyone can download the data that we have put together painstakingly for more than 70 countries between 1970 and the
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present time and those data are available from my website at the Wharton School now for policymakers I think the
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lesson is also clear which is that it does pay to introduce market-oriented reforms in the form of no legal
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institutions that support economic exchange and support the investment and at the present time as we all know
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governments around the world are competing against one another to attract investment so it is very very important
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for governments to realize that they need to have the right legal framework in place because the ultimately the
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development of their equity markets depends on the extent to which the protections of you know for minority
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investors are in place and also the extent to which they are actually enforced well I think the conventional wisdom is
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that there are safe markets in the world in which it is you know okay to invest and that you're likely not to lose your
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money for some you know strange reason other than that maybe you know the market goes south right meaning that
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it's very difficult for either the government or other interests to expropriate investors right which
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happens in many parts of the world I think that conventional wisdom is largely true that is to say yes you can
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classify countries right according to how easy it is for you to protect your rights as a minority investor what my
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research I think does is it addresses this myth that you know whatever the situation was back 30 years ago
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continues to be the same today that is to say what we observe is that laws and regulations concerning minority
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shareholders change all the time and countries that used to have very low protections do they actually have very
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strong protections in place and so it's very important for investors and for the
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general public i think to understand those legal frameworks because otherwise you could be making big mistakes as to
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exactly how you allocate your investments and let's not forget that most of us have a pension fund right and
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we can make choices about how we allocate you know the money that we have in it let's say between us equities and
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foreign equities and then within foreign equities different parts of the world so
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I think it's really important for us as citizens who have a pension fund to also
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understand these dynamics and how legal institutions effect or potentially can affect that returns to our investments
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what I think is unique about our research years how comprehensive the data are so we have hired more than 50
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experts legal experts lawyers from different countries who speak the language and they read the relevant
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legislation over a period of 45 years since 1970 and they coded all of these different legal provisions so it is the
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detail that we have in our data it is the fact that we've covered nearly 80 countries more than 70 countries over 45
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years that I think is unique about our research and the later can be downloaded for free from my own website within the
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Wharton school's website well now that we have these data on minority shareholder protections around
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the world we are planning to examine what happens after a major financial crisis such as for example the one that
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took place in 2008 as we know there's a lot of restructuring there's many
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marriages and acquisitions or what we want to understand is whether the way in which crises are resolved in which
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assets are restructured is different depending on the strength of different stakeholders in the firm and one very
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important stakeholder of course is minority shareholders and so we are expecting that the ways in which crisis
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unfold and ultimately are resolved are different depending on whether you're
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talking about a country that has very strong protection of minority shareholders versus another in which
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those protections are very weak you

Episode Highlights

  • Impact of Minority Shareholder Protections
    Research shows that strong protections for minority shareholders lead to larger, more dynamic equity markets.
    “When you have strong protections, more people are willing to invest.”
    @ 00m 37s
    October 06, 2015
  • Surprising Findings in Eastern Europe
    Eastern European countries adopted strong protections for minority shareholders, leading to unexpected stock market growth.
    “I was surprised to see that even within that set of countries...”
    @ 03m 46s
    October 06, 2015
  • Importance of Legal Frameworks for Investors
    Investors must consider legal protections when investing globally, as they vary significantly by country.
    “It's not the same to invest in the US equity market as it is in Nigeria.”
    @ 04m 16s
    October 06, 2015

Episode Quotes

  • It's important to follow up with enforcement; otherwise, you don’t get the expected results.
    Why Protecting Minority Shareholders Builds Stock Markets
  • The implementation of these laws has resulted in the growth of a stock market.
    Why Protecting Minority Shareholders Builds Stock Markets
  • Countries that used to have very low protections now have strong protections.
    Why Protecting Minority Shareholders Builds Stock Markets

Key Moments

  • Minority Shareholder Protections00:30
  • Market Dynamics02:29
  • Eastern Europe Surprises02:45
  • Legal Framework Importance04:30
  • Research Findings08:06

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