The New Meaning of Public Company: Challenges to the Government’s Post-Bailout Exit as a Corporate Stakeholder

Abstract:     
This article analyzes multiple obstacles that the U.S. government will likely face due to its recent insertion as a controlling stakeholder in entities that previously had been owned by private actors. By extrapolating the myriad problems that the government encountered as a meaningful corporate stakeholder in its agency capacity earlier this decade, one can better understand the government’s current dilemma. This analysis argues that without modifying the legislative, regulatory, and administrative hurdles inherent in provisions currently governing securities, tax, bankruptcy, corporate governance, and finance, the government’s ability to extract itself as a material corporate stakeholder will be significantly impaired, ultimately destroying stakeholder value.

Number of Pages in PDF File: 13

Keywords: Corporate, Commercial, Shareholder, Bankruptcy, SEC, Tax, Restructuring, Reorganization, Creditor, Securities Law, Internal Revenue Code, Corporate Finance, Secured, Unsecured, Debt, Contract, Equity, Troubled Asset, Rule 144, NOL, 382, ERISA, Control, Affiliate, Business, TARP, Bailout

Accepted Paper Series