2008
DOI: 10.1007/s10997-007-9040-7
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Is the German system of corporate governance converging towards the Anglo-American model?

Abstract: This paper analyses whether the German corporate governance is converging towards Anglo-American practices. We summarise the extant empirical evidence on the various governance mechanisms that economic theory suggests ensure efficiency and describe recent legal developments. We find no clear signs of convergence in form, i.e. the main distinctive features of the German system have remained largely unaltered. However, changes occurred over the last decade (specially in the legal framework) suggest a certain con… Show more

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Cited by 48 publications
(24 citation statements)
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“…Within the last years, Germany (partly driven by EU directions) underwent already several legal reforms (including voluntary codes) in the security, company and bankruptcy law to increase transparency and accountability within the financial system. However, the German case shows that the improvement in the regulation itself (Goergen et al (2008a(Goergen et al ( , 2008b) needs to be accompanied by strong legal regulatory and judicial enforcement in order to further improve minority investors' protection. Dummy which equals 1 if (a) the founding family owns at least 25% of the firm's voting rights and (b) no outside blockholder with more than 5% of the firm's voting rights is present and zero otherwise Dummy which equals 1 if a financial investor owns at least 25% of the firm's voting rights and zero otherwise Dummy which equals 1 if public authorities own at least 25% of the firm's voting rights and zero otherwise Total dividends / (Zero distribution profit + depreciations + changes in pension provisions); Equals 1 if calculated payout ratio is below 0 or above 1.…”
Section: Resultsmentioning
confidence: 99%
See 1 more Smart Citation
“…Within the last years, Germany (partly driven by EU directions) underwent already several legal reforms (including voluntary codes) in the security, company and bankruptcy law to increase transparency and accountability within the financial system. However, the German case shows that the improvement in the regulation itself (Goergen et al (2008a(Goergen et al ( , 2008b) needs to be accompanied by strong legal regulatory and judicial enforcement in order to further improve minority investors' protection. Dummy which equals 1 if (a) the founding family owns at least 25% of the firm's voting rights and (b) no outside blockholder with more than 5% of the firm's voting rights is present and zero otherwise Dummy which equals 1 if a financial investor owns at least 25% of the firm's voting rights and zero otherwise Dummy which equals 1 if public authorities own at least 25% of the firm's voting rights and zero otherwise Total dividends / (Zero distribution profit + depreciations + changes in pension provisions); Equals 1 if calculated payout ratio is below 0 or above 1.…”
Section: Resultsmentioning
confidence: 99%
“…Moreover, in comparison to other types of external blockholders (such as strategic or financial investors) they are often actively involved in running the daily business. In a two-tier 1 Although beginning in 1995 Germany underwent several regulatory initiatives (partly driven by EU directions) that have continuously increased transparency, investor protection and accountability in the German financial system, the main features of its corporate governance regime including the concentrated ownership structures, the prevalence of controlling shareholders and the lack of an active market for corporate control remain unchanged until today (Goergen et al (2008a and2008b)). 2 Please note that we use a similar but more restrictive definition in comparison to the existing literature, e.g.…”
mentioning
confidence: 99%
“…In contrast, countries with an Anglo-American tradition develop market control systems, and codes stand as laws -these countries possess legal systems where the laws are drafted in Parliament. The Anglo-American countries, unlike the Europeans, uphold systems that differ in the fundamental aspect that codes have the attribute of law that companies must abide by (Goergen et al 2008).…”
Section: Review Of the Literature: Theoretical Framework And Em-piricmentioning
confidence: 99%
“…Generally, Germany is considered to be less shareholder oriented and thus provides an interesting setting for an analysis of VBM systems (e.g. Böhmer, 2002;Goergen, Manjon and Renneboog, 2008).…”
Section: Introductionmentioning
confidence: 99%