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Although many observers consider the Bush administration’s “faith-based initiative” a unique breach in the wall of separation between church and state, close ties between the federal government and religious agencies are no novelty in the history of American public policy. Since the end of the Second World War, billions of dollars of public funds have been made available to religiously-affiliated hospitals, nursing homes, educational institutions, and social services - institutions which were regarded as vital to Cold War preparedness. By the same token, government use of religious foreign aid agencies, the donation of surplus land and military facilities to religious charities, and the funding of the chaplaincy in the armed forces have undergirded Cold War foreign policy goals. Based on the principle of subsidiarity, post-war public policy thus integrated religious groups into the framework of the welfare and national security state in ways which underwrote both the expansion of the federal government and the growth of religious agencies. Crucially, public funding relations involved not only mainline Protestant, Jewish and Catholic organizations, but also white evangelicals, who had traditionally been the most outspoken opponents of closer ties between church and state. Cold War Anti-Communism, the fear of Catholic or secularist control of public funds, and pragmatic considerations, however, ushered in the gradual revision of their separatist views. Ironically, the programs of Lyndon Johnson’s Great Society, so vilified by the Christian Right, pioneered many of the funding streams most beneficial to evangelical providers. Considering that since 1945 the sprawling and loosely organized evangelical movement has become the largest single religious faction in the US, and that conservative Protestants now form the most strongly Republican group in the religious spectrum, these findings are of particular importance. They suggest that Cold War state-building and the resurgence of Evangelicalism mutually reinforced each other in ways which have been largely ignored by scholarship on conservatism and its focus on the “backlash” against the political and cultural upheaval of the 1960s. Based on newly accessible archival materials and a comprehensive review of secondary literature, this paper suggests that the institutional and ideological ties between evangelicals and the state, which developed in the aftermath of the Second World War, are as important in understanding the political mobilization of conservative Protestants as the more recent “culture war” sentiments.
In der vorliegenden Studie werden die sozialpolitischen Reformen in den USA und Kanada während der 1990er Jahren in einer vergleichenden Perspektive analysiert. Dabei wird insbesondere die Rolle steuerpolitischer Instrumentarien in den Reformen thematisiert und der Frage nachgegangen, ob sich hier ein neuer Typ von Wohlfahrtsstaat herausbildet. Im ersten Teil des Papiers wird das in der vergleichenden Wohlfahrtsstaatsforschung etablierte Modell des liberalen Wohlfahrtsstaats skizziert, um vor diesem Hintergrund die Reformen in den USA und Kanada zu untersuchen und zu vergleichen. Anschließend wird in einer breiteren vergleichenden Perspektive die out-put-Leistung der beiden Wohlfahrtsstaaten analysiert. Al normative Kriterien hierbei gilt in erster Linie die Umverteilungsfunktion sozialpolitischer Instrumentarien, hier in erster Linie verstanden als Einkommensumverteilung.
Am Beginn des 21. Jahrhunderts wird der Zustand der US-Demokratie kontrovers diskutiert. Während manche Beobachter eine zu hohe Responsivität des politischen Systems gegenüber den Ansprüchen seiner Bürger entdeckt haben wollen und deshalb von demosclerosis und einer Hyperdemokratie sprechen, in welcher der Volkswille in einen unantastbaren, göttlichen Rang erhoben worden sei, kommen andere zu dem Schluss, dass die Gründerväter im Hinblick auf ihre handlungsanleitende Furcht vor einer »Tyrannei der Mehrheit« ganze Arbeit geleistet und ein nahezu unüberwindbares System von Vetopositionen geschaffen hätten, das Partikularinteressen strukturell bevorzuge und deshalb nur in Ausnahmesituationen die Mehrheitspräferenzen der Bürger in Politik umsetze. Kurzum: Die Furcht der Federalists vor einer »Mehrheitstyrannei« habe einer »Minderheitstyrannei« Tür und Tor geöffnet. Der Artikel versucht die Vereinigten Staaten in diesem Spannungsbogen zu verorten. Ziel ist es, die Qualität der amerikanischen Demokratie am Beginn des 21. Jahrhunderts zu problematisieren. Dabei werden auch die Entwicklungen nach dem 11. September berücksichtigt.
We evaluate the asset pricing implications of a class of models in which risk sharing is imperfect because of the limited enforcement of intertemporal contracts. Lustig (2004) has shown that in such a model the asset pricing kernel can be written as a simple function of the aggregate consumption growth rate and the growth rate of consumption of the set of households that do not face binding enforcement constraints in that state of the world. These unconstrained households have lower consumption growth rates than constrained households, i.e. they are located in the lower tail of the crosssectional consumption growth distribution. We use household consumption data from the U.S. Consumer Expenditure Survey to estimate the pricing kernel implied by the model and to evaluate its performance in pricing aggregate risk. We employ the same data to construct aggregate consumption and to derive the standard complete markets pricing kernel. We find that the limited enforcement pricing kernel generates a market price of risk that is substantially larger than the standard complete markets asset pricing kernel. Klassifizierung: G12, D53, D52, E44
This paper employs a multi-country large scale Overlapping Generations model with uninsurable labor productivity and mortality risk to quantify the impact of the demographic transition towards an older population in industrialized countries on world-wide rates of return, international capital flows and the distribution of wealth and welfare in the OECD. We find that for the U.S. as an open economy, rates of return are predicted to decline by 86 basis points between 2005 and 2080 and wages increase by about 4.1%. If the U.S. were a closed economy, rates of return would decline and wages increase by less. This is due to the fact that other regions in the OECD will age even more rapidly; therefore the U.S. is “importing” the more severe demographic transition from the rest of the OECD in the form of larger factor price changes. In terms of welfare, our model suggests that young agents with little assets and currently low labor productivity gain, up to 1% in consumption, from higher wages associated with population aging. Older, asset-rich households tend to lose, because of the predicted decline in real returns to capital. Klassifizierung: E17, E25, D33, C68
Using data of US domestic mergers and acquisitions transactions, this paper shows that acquirers have a preference for geographically proximate target companies. We measure the ‘home bias’ against benchmark portfolios of hypothetical deals where the potential targets consist of firms of similar size in the same four-digit SIC code that have been targets in other transactions at about the same time or firms that have been listed at a stock exchange at that time. There is a strong and consistent home bias for M&A transactions in the US, which is significantly declining during the observation period, i.e. between 1990 and 2004. At the same time, the average distances between target and acquirer increase articulately. The home bias is stronger for small and relatively opaque target companies suggesting that local information is the decisive factor in explaining the results. Acquirers that diversify into new business lines also display a stronger preference for more proximate targets. With an event study we show that investors react relatively better to proximate acquisitions than to distant ones. That reaction is more important and becomes significant in times when the average distance between target and acquirer becomes larger, but never becomes economically significant. We interpret this as evidence for the familiarity hypothesis brought forward by Huberman (2001): Acquirers know about the existence of proximate targets and are more likely to merge with them without necessarily being better informed. However, when comparing the best and the worst deals, we are able to show a dramatic difference in distances and home bias: The most successful deals display on average a much stronger home bias and distinctively smaller distance between acquirer and target than the least successful deals. Proximity in M&A transactions therefore is a necessary but not sufficient condition for success. The paper contributes to the growing literature on the role of distance in financial decisions.
Using a set of regional inflation rates we examine the dynamics of inflation dispersion within the U.S.A., Japan and across U.S. and Canadian regions. We find that inflation rate dispersion is significant throughout the sample period in all three samples. Based on methods applied in the empirical growth literature, we provide evidence in favor of significant mean reversion (ß-convergence) in inflation rates in all considered samples. The evidence on ó-convergence is mixed, however. Observed declines in dispersion are usually associated with decreasing overall inflation levels which indicates a positive relationship between mean inflation and overall inflation rate dispersion. Our findings for the within-distribution dynamics of regional inflation rates show that dynamics are largest for Japanese prefectures, followed by U.S. metropolitan areas. For the combined U.S.-Canadian sample, we find a pattern of within-distribution dynamics that is comparable to that found for regions within the European Monetary Union (EMU). In line with findings in the so-called 'border literature' these results suggest that frictions across European markets are at least as large as they are, e.g., across North American markets. Klassifikation: E31, E52, E58
Credit card debt puzzles
(2005)
Most US credit card holders revolve high-interest debt, often combined with substantial (i) asset accumulation by retirement, and (ii) low-rate liquid assets. Hyperbolic discounting can resolve only the former puzzle (Laibson et al., 2003). Bertaut and Haliassos (2002) proposed an 'accountant-shopper' framework for the latter. The current paper builds, solves, and simulates a fully-specified accountant-shopper model, to show that this framework can actually generate both types of co-existence, as well as target credit card utilization rates consistent with Gross and Souleles (2002). The benchmark model is compared to setups without self-control problems, with alternative mechanisms, and with impatient but fully rational shoppers. Klassifikation: E210, G110
Our study provides evidence on the share price reactions to the announcement of equity issues in Germany, where capital market is characterized by institutional features distinct from the U.S. market. German seasoned equity issues yield a positive market reaction which contrasts to the significant negative abnormal returns reported for the U.S. We provide evidence that these results are due to differences in both issuing characteristics and floatation methods, and in the corporate governance and ownership structures of the two countries. Our study explains much of the empirical puzzle of different market reactions to seemingly similar events across financial markets.
Recent changes in accounting regulation for financial instruments (SFAS 133, IAS 39) have been heavily criticized by representatives from the banking industry. They argue for retaining a historical cost based "mixed model" where accounting for financial instruments depends on their designation to either trading or nontrading activities. In order to demonstrate the impact of different accounting models for financial instruments on the financial statements of banks, we develop a bank simulation model capturing the essential characteristics of a modern universal bank with investment banking and commercial banking activities. In our simulations we look at different scenarios with periods of increasing/decreasing interest rates using historical data and with different banking strategies (fully hedged; partially hedged). The financial statements of our model bank are prepared under different accounting rules ("Old" IAS before implementation of IAS 39; current IAS) with and without hedge accounting as offered by the respective sets of rules. The paper identifies critical issues of applying the different accounting rules for financial instruments to the activities of a universal bank. It demonstrates important shortcomings of the "Old" IAS rules (before IAS 39), and of the current IAS rules. Under the current IAS rules the results of a fully hedged bank may have to show volatility in income statements due to changes in market interest rates. Accounting results of a partially hedged bank in the same scenario may be less affected even though there are economic gains or losses.
The paper analyses the effects of three sets of accounting rules for financial instruments - Old IAS before IAS 39 became effective, Current IAS or US GAAP, and the Full Fair Value (FFV) model proposed by the Joint Working Group (JWG) - on the financial statements of banks. We develop a simulation model that captures the essential characteristics of a modern universal bank with investment banking and commercial banking activities. We run simulations for different strategies (fully hedged, partially hedged) using historical data from periods with rising and falling interest rates. We show that under Old IAS a fully hedged bank can portray its zero economic earnings in its financial statements. As Old IAS offer much discretion, this bank may also present income that is either positive or negative. We further show that because of the restrictive hedge accounting rules, banks cannot adequately portray their best practice risk management activities under Current IAS or US GAAP. We demonstrate that - contrary to assertions from the banking industry - mandatory FFV accounting adequately reflects the economics of banking activities. Our detailed analysis identifies, in addition, several critical issues of the accounting models that have not been covered in previous literature. December 2002. Revised: June 2003. Later version: http://publikationen.ub.uni-frankfurt.de/volltexte/2005/1026/ with the title: "Accounting for financial instruments in the banking industry : conclusions from a simulation model"
What do academics have to offer market risk management practitioners in financial institutions? Current industry practice largely follows one of two extremely restrictive approaches: historical simulation or RiskMetrics. In contrast, we favor flexible methods based on recent developments in financial econometrics, which are likely to produce more accurate assessments of market risk. Clearly, the demands of real-world risk management in financial institutions - in particular, real-time risk tracking in very high-dimensional situations - impose strict limits on model complexity. Hence we stress parsimonious models that are easily estimated, and we discuss a variety of practical approaches for high-dimensional covariance matrix modeling, along with what we see as some of the pitfalls and problems in current practice. In so doing we hope to encourage further dialog between the academic and practitioner communities, hopefully stimulating the development of improved market risk management technologies that draw on the best of both worlds.
We develop an estimated model of the U.S. economy in which agents form expectations by continually updating their beliefs regarding the behavior of the economy and monetary policy. We explore the effects of policymakers' misperceptions of the natural rate of unemployment during the late 1960s and 1970s on the formation of expectations and macroeconomic outcomes. We find that the combination of monetary policy directed at tight stabilization of unemployment near its perceived natural rate and large real-time errors in estimates of the natural rate uprooted heretofore quiescent in inflation expectations and destabilized the economy. Had monetary policy reacted less aggressively to perceived unemployment gaps, in inflation expectations would have remained anchored and the stag inflation of the 1970s would have been avoided. Indeed, we find that less activist policies would have been more effective at stabilizing both in inflation and unemployment. We argue that policymakers, learning from the experience of the 1970s, eschewed activist policies in favor of policies that concentrated on the achievement of price stability, contributing to the subsequent improvements in macroeconomic performance of the U.S. economy.
We characterize the response of U.S., German and British stock, bond and foreign exchange markets to real-time U.S. macroeconomic news. Our analysis is based on a unique data set of high-frequency futures returns for each of the markets. We find that news surprises produce conditional mean jumps; hence high-frequency stock, bond and exchange rate dynamics are linked to fundamentals. The details of the linkages are particularly intriguing as regards equity markets. We show that equity markets react differently to the same news depending on the state of the economy, with bad news having a positive impact during expansions and the traditionally-expected negative impact during recessions. We rationalize this by temporal variation in the competing "cash flow" and "discount rate" effects for equity valuation. This finding helps explain the time-varying correlation between stock and bond returns, and the relatively small equity market news effect when averaged across expansions and recessions. Lastly, relying on the pronounced heteroskedasticity in the high-frequency data, we document important contemporaneous linkages across all markets and countries over-and-above the direct news announcement effects. JEL Klassifikation: F3, F4, G1, C5
We take a simple time-series approach to modeling and forecasting daily average temperature in U.S. cities, and we inquire systematically as to whether it may prove useful from the vantage point of participants in the weather derivatives market. The answer is, perhaps surprisingly, yes. Time-series modeling reveals conditional mean dynamics, and crucially, strong conditional variance dynamics, in daily average temperature, and it reveals sharp differences between the distribution of temperature and the distribution of temperature surprises. As we argue, it also holds promise for producing the long-horizon predictive densities crucial for pricing weather derivatives, so that additional inquiry into time-series weather forecasting methods will likely prove useful in weather derivatives contexts.
Equal size, equal role? : interest rate interdependence between the Euro area and the United States
(2003)
This paper investigates whether the degree and the nature of economic and monetary policy interdependence between the United States and the euro area have changed with the advent of EMU. Using real-time data, it addresses this issue from the perspective of financial markets by analysing the effects of monetary policy announcements and macroeconomic news on daily interest rates in the United States and the euro area. First, the paper finds that the interdependence of money markets has increased strongly around EMU. Although spillover effects from the United States to the euro area remain stronger than in the opposite direction, we present evidence that US markets have started reacting also to euro area developments since the onset of EMU. Second, beyond these general linkages, the paper finds that certain macroeconomic news about the US economy have a large and significant effect on euro area money markets, and that these effects have become stronger in recent years. Finally, we show that US macroeconomic news have become good leading indicators for economic developments in the euro area. This indicates that the higher money market interdependence between the United States and the euro area is at least partly explained by the increased real integration of the two economies in recent years.
Accounting for financial instruments in the banking industry: conclusions from a simulation model
(2003)
The paper analyses the effects of three sets of accounting rules for financial instruments - Old IAS before IAS 39 became effective, Current IAS or US GAAP, and the Full Fair Value (FFV) model proposed by the Joint Working Group (JWG) - on the financial statements of banks. We develop a simulation model that captures the essential characteristics of a modern universal bank with investment banking and commercial banking activities. We run simulations for different strategies (fully hedged, partially hedged) using historical data from periods with rising and falling interest rates. We show that under Old IAS a fully hedged bank can portray its zero economic earnings in its financial statements. As Old IAS offer much discretion, this bank may also present income that is either positive or negative. We further show that because of the restrictive hedge accounting rules, banks cannot adequately portray their best practice risk management activities under Current IAS or US GAAP. We demonstrate that - contrary to assertions from the banking industry - mandatory FFV accounting adequately reflects the economics of banking activities. Our detailed analysis identifies, in addition, several critical issues of the accounting models that have not been covered in previous literature.
A number of recent studies have suggested that activist stabilization policy rules responding to inflation and the output gap can attain simultaneously a low and stable rate of inflation as well as a high degree of economic stability. The foremost example of such a strategy is the policy rule proposed by Taylor (1993). In this paper, I demonstrate that the policy settings that would have been suggested by this rule during the 1970s, based on real-time data published by the U.S. Commerce Department, do not greatly differ from actual policy during this period. To the extent macroeconomic outcomes during this period are considered unfavorable, this raises questions regarding the usefulness of this strategy for monetary policy. To the extent the Taylor rule is believed to provide a reasonable guide to monetary policy, this finding raises questions regarding earlier critiques of monetary policy during the 1970s.
Both unconditional mixed-normal distributions and GARCH models with fat-tailed conditional distributions have been employed for modeling financial return data. We consider a mixed-normal distribution coupled with a GARCH-type structure which allows for conditional variance in each of the components as well as dynamic feedback between the components. Special cases and relationships with previously proposed specifications are discussed and stationarity conditions are derived. An empirical application to NASDAQ-index data indicates the appropriateness of the model class and illustrates that the approach can generate a plausible disaggregation of the conditional variance process, in which the components' volatility dynamics have a clearly distinct behavior that is, for example, compatible with the well-known leverage effect. Klassifikation: C22, C51, G10
Deutsche Börse AG plans to introduce a system (Xetra Best) allowing brokers and broker-dealers to internalize the orders of retail customers. Further, Xetra Best supports payment for order flow arrangements. Both internalization and payment for order flow may be detrimental to market quality. This paper discusses advantages and disadvantages of these arrangements. It draws on experiences made in the US. We derive policy implications that aim at a more stringent interpretation of "best execution", and at higher transparency. Klassifikation: G10, G14
Within a two step GARCH framework we estimate the time-varying spillover effects from European and US return innovations to 10 economic sectors within the euro area, the United States, and the United Kingdom. We use daily data from January 1988 - March 2002. At the beginning of our sample sectors in all three currency areas/blocks formed a quite homogeneous group exhibiting only minor sector-specific characteristics. However, over time sectors became more heterogeneous, that is the response to aggregate shocks increasingly varies across sectors. This provides evidence that sector-specific effects gained in importance. European industries show increased heterogeneity simultaneously with the start of the European Monetary Union, whereas in the US this trend started in the early 1990's. Information technology and non-cyclical services (including telecommunication services) became the most integrated sectors worldwide, which are most affected by aggregate European and US shocks. On the other hand, basic industries, non-cyclical consumer goods, resources, and utilities became less affected by aggregate shocks. Volatility spillovers proved to be small and volatile. JEL_Klassifikation: G1, F36
Recent empirical research found that the strong short-term relationship between monetary aggregates and US real output and inflation, as outlined in the classical study by M. Friedman and Schwartz, mostly disappeared since the early 1980s. In the light of the B. Friedman and Kuttner (1992) information value approach, we reevaluate the vanishing relationship between US monetary aggregates and these macroeconomic fundamentals by taking into account the international currency feature of the US dollar. In practice, by using official US data for foreign flows constructed by Porter and Judson (1996) we find that domestic money (currency component of M1 corrected for the foreign holdings of dollars) contains valuable information about future movements of US real output and inflation. Statistical evidence here provided thus suggests that the Friedman and Schwartz's stylized facts can be reestablished once the focus of analysis is back on the domestic monetary aggregates. This Version: August, 2001. Klassifikation: E3, E4, E5
This paper investigates how US and European equity markets affected the US dollar-euro rate from the introduction of the euro through April 2001. More detailed the following questions are raised: First, do movements in the stock market help to explain movements in the exchange rate? Second, how large is the impact of stock market returns on the exchange rate? And third, does the exchange rate respond differently to different equity markets? The investigation was carried out using daily data within a vector-autoregression model (VAR). Surprisingly, positive returns on US equities as well as on European stock markets had a negative impact on the US dollar-euro rate. Quantitatively, the US dollar-euro rate seems to be more influenced by European stock markets compared to US stock markets. Further, there is evidence for a somewhat weaker impact of technology stock indices on the US dollar-euro rate compared with broader market indices. Finally, the long-term interest rate differential seems to contain more information about exchange rate movements than the short-term interest rate differential. This Version: August, 2001. Klassifikation: C32, F31
The globalization of markets and companies has increased the demand for internationally comparable high quality accounting information resulting from a common set of accounting rules. Despite remarkable efforts of international harmonization for more than 25 years, accounting regulation is still the domain of national legislators or delegated standard setters. The paper starts by outlining the reasons for this state of affairs and by characterizing the different institutional backgrounds of accounting standard setting in four selected countries as well as on the international level. This is followed by a summary of important international differences in accounting rules and a summary of the empirical evidence of the impact of different rules on the resulting numbers and their relevance to users. It is argued that neither a priori theoretical reasoning nor the evidence from empirical studies provides a convincing basis for choices between accounting regimes and even less so between specific accounting rules. As there is a broad consensus that there is a need for one set of global accounting standards the final sections of the paper discuss currently existing and proposed structures of international accounting standard setting. The evolving new IASC structure is critically evaluated.
Derivatives usage in risk management by U.S. and German non-financial firms : a comparative survey
(1998)
This paper is a comparative study of the responses to the 1995 Wharton School survey of derivative usage among US non-financial firms and a 1997 companion survey on German non-financial firms. It is not a mere comparison of the results of both studies but a comparative study, drawing a comparable subsample of firms from the US study to match the sample of German firms on both size and industry composition. We find that German firms are more likely to use derivatives than US firms, with 78% of German firms using derivatives compared to 57% of US firms. Aside from this higher overall usage, the general pattern of usage across industry and size groupings is comparable across the two countries. In both countries, foreign currency derivative usage is most common, followed closely by interest rate derivatives, with commodity derivatives a distant third. Usage rates across all three classes of derivatives are higher for German firms than US firms. In contrast to the similarities, firms in the two countries differ notably on issues such as the primary goal of hedging, their choice of instruments, and the influence of their market view when taking derivative positions. These differences appear to be driven by the greater importance of financial accounting statements in Germany than the US and stricter German corporate policies of control over derivative activities within the firm. German firms also indicate significantly less concern about derivative related issues than US firms, which appears to arise from a more basic and simple strategy for using derivatives. Finally, among the derivative non-users, German firms tend to cite reasons suggesting derivatives were not needed whereas US firms tend to cite reasons suggesting a possible role for derivatives, but a hesitation to use them for some reason.
Credit Unions are cooperative financial institutions specializing in the basic financial needs of certain groups of consumers. A distinguishing feature of credit unions is the legal requirement that members share a common bond. This organizing principle recently became the focus of national attention as the Supreme Court and the U.S. Congress took opposite sides in a controversy regarding the number of common bonds that could co-exist within the membership of a single credit union. Despite its importance, little research has been done into how common bonds affect how credit unions actually operate. We frame the issues with a simple theoretical model of credit-union formation and consolidation. To provide intuition into the flexibility of multiple-group credit unions in serving members, we simulate the model and present some comparative-static results. We then apply a semi-parametric empirical model to a large dataset drawn from federally chartered occupational credit unions in 1996 to investigate the effects of common bonds. Our results suggest that credit unions with multiple common bonds have higher participation rates than credit unions that are otherwise similar but whose membership shares a single common bond.
Taking shareholder protection seriously? : Corporate governance in the United States and Germany
(2003)
The paper undertakes a comparative study of the set of laws affecting corporate governance in the United States and Germany, and an evaluation of their design if one assumes that their objective were the protection of the interests of minority outside shareholders. The rationale for such an objective is reviewed, in terms of agency cost theory, and then the institutions that serve to bound agency costs are examined and critiqued. In particular, there is discussion of the applicable legal rules in each country, the role of the board of directors, the functioning of the market for corporate control, and (briefly) the use of incentive compensation. The paper concludes with the authors views on what taking shareholder protection seriously, in each country s legal system, would require.
Wie in vielen anderen Bereichen unserer Gesellschaft hat das Internet auch in die Wertpapierbranche Einzug erhalten. Diesbezüglich haben die USA sowohl in tatsächlicher als auch in rechtlicher Hinsicht wieder einmal eine Vorbildfunktion inne. Dies nimmt der Verfasser zum Anlaß, um sich kritisch mit den dortigen Erfahrungen zu beschäftigen. Ferner werden USamerikanische Wertpapiervorschriften besprochen, die sich nicht auf die USA beschränken. Der Gesetzgeber hat neben den Vorschriften über die elektronische Informationsverbreitung bereits Spezialregeln aufgestellt, die alle ausländischen Anbieter betreffen, die das Internet zu Handelszwecken nutzen. Dafür ist es sogar ohne Bedeutung, ob die Anbieter überhaupt einen internationalen Handel betreiben. Die Ausführungen und Regeln betreffen zum Teil die gesamte Wertpapierbranche. Das Hauptaugenmerk des Beitrags ist aber auf Investmentfonds gerichtet. Dabei stützt sich der Verfasser auf eine Untersuchung, die er 1998/99 als „Visiting Scholar“ an der New York University durchführen konnte.
The article describes the legal structure of the Daimler-Chrysler merger. It asks why this specific structure rather than another cheaper way was chosen. This leads to the more general question of the pros and cons of mandatory corporate law as a regulatory device. The article advocates an "optional" approach: The legislator should offer various menus or sets of binding rules among which the parties may choose. (JEL: ...)
"Tracking Stock", zum Teil auch als "Targeted Stock" bezeichnet, ist eine Innovation des U.S.-amerikanischen Kapitalmarkts. Mit Tracking Stocks bezeichnet man Aktien, deren Gewinnbezugsrecht sich lediglich nach dem Ergebnis einer bestimmten Unternehmenssparte, nicht des Gesamtunternehmens, bemißt. Ein typisches Beispiel bildet die Schaffung von Tracking Stocks im Zusammenhang mit der Übernahme von Electronic Data Systems (EDS) durch General Motors im Jahre 1984. Die bisherigen Aktionäre von EDS, die EDS eingebracht hatten, erhielten zwar General Motors-Aktien, deren Dividendenbezugsrecht aber am - separat zu ermittelnden - Gewinn der künftigen EDS-Sparte von General Motors orientiert wurde. Damit sollte erreicht werden, die bisherigen Aktionäre der EDS auch weiterhin vorrangig an den Erträgen des - im Vergleich zum Kerngeschäft von General Motors als profitabler eingeschätzten - Elektronikgeschäfts teilhaben zu lassen. Im folgenden werden zunächst Gründe und Anwendungsbereich (II.) sowie die Vor- und Nachteile dieser Gestaltung (III.) näher erläutert. Ein weiterer Abschnitt (IV.) wendet sich dann ausgewählten Einzelfragen zu, die sich bei Einführung dieses Instruments nach deutschem Recht stellen würden.
Peter Raisch hat sich in seinen wissenschaftlichen Arbeiten immer wieder mit dem Verhältnis von Rechtsordnung und Markt, den Aufgaben des Rechts gegenüber dem Marktgeschehen, befaßt. Die folgenden Bemerkungen beziehen sich auf den Teilbereich des "Marktrechts", der in den letzten Jahren die vielleicht umfassendste Veränderung erfahren hat und für den auch weiterhin eine dynamische Entwicklung zu erwarten steht: das Kapitalmarktrecht. Der Begriff selbst hat sich erst im Verlauf dieser Entwicklung gebildet1, ist aber inzwischen fest etabliert. Die Internationalisierung der Kapitalmärkte bringt Fragen des Anwendungsbereichs, der Kollision und der Harmonisierung verschiedener Kapitalmarktrechte mit sich - Themen, die dem Kenner des Kartellrechts, des "Grundgesetzes" unserer Marktordnung, seit langem wohl vertraut sind. Der Verfasser darf daher auf das Interesse des Jubilars hoffen, wenn er im folgenden auf einige in diesem Bereich auftretende Fragen eingeht.
Bekanntlich hat der Handel von Anteilen deutscher Gesellschaften an US-amerikanischen Börsen in der Vergangenheit bisher ein Schattendasein geführt. An den beiden US-Börsen mit den meisten Notierungen ausländischer Gesellschaften, der New York Stock Exchange ("NYSE") und der American Stock Exchange ("AMEX") waren deutsche Aktiengesellschaften nicht vertreten. Im computergestützten Handelssystem National Association of Securities Dealers Automated Quotations System ("NASDAQ") waren gerade einmal die "ADRs" einer einzigen Gesellschaft zum Handel zugelassen. Daneben wurden Ende 1992 noch im Freiverkehr ("OTC") die "ADRs" von 12 weiteren Gesellschaften gehandelt. Die Notierung der Daimler Benz AG an der NYSE seit dem 5. Oktober 1993 sowie die bislang eher verhaltene Reaktion hierauf geben Anlaß, sich mit den Voraussetzungen und daraus erwachsenden Konsequenzen des Ganges an eine US-Börse zu befassen (11. - VI.). Insbesondere sollen aus dem Bezugsrecht der Aktionäre bei zukünftigen Kapitalerhöhungen entstehende Probleme erörtert werden (VII.).