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Legal Protection, Corruption and Private Equity Returns in Asia


Douglas Cumming


York University - Schulich School of Business

Grant Fleming


Continuity Capital Partners

Sofia Johan


York University - Schulich School of Business; Tilburg Law and Economics Center (TILEC)

Mai Takeuchi


Wilshire Private Markets

September 29, 2010

Journal of Business Ethics, Forthcoming

Abstract:     
This paper examines how private equity returns in Asia are related to levels of legal protection and corruption. We utilize a unique data set comprising over 750 returns to private equity transactions across 20 developing and developed countries in Asia. The data indicate that legal protections are an important determinant of private equity returns in Asia, but also that private equity managers are able to mitigate the potential for corruption. The quality of legal system (including legal protections) is positively related to returns. Inefficient legal protections negatively impact transaction structures and economic certainty when exiting investments. We also find that private equity managers, irrespective of the quality of legal system they are operating within, can mitigate the potential impact of corruption. Private equity returns are higher in countries with higher levels of corruption, controlling for legal systems. This finding is consistent with the view that private equity managers bring about organizational change to alleviate the costs of corruption. Our findings are robust to inclusion of controls for Hofstede cultural variables, economic conditions, and transaction specific characteristics, as well as consideration of econometric sample selection methods for unexited investments.

Number of Pages in PDF File: 36

Keywords: Corruption, Law and Finance, Buyouts, Returns

JEL Classification: G2, G3, K2, K4

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Date posted: April 1, 2011  

Suggested Citation

Cumming, Douglas J., Fleming, Grant Alan, Johan, Sofia A. and Takeuchi, Mai, Legal Protection, Corruption and Private Equity Returns in Asia (September 29, 2010). Journal of Business Ethics, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1798929

Contact Information

Douglas J. Cumming (Contact Author)
York University - Schulich School of Business ( email )
4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
HOME PAGE: http://www.venturecapitalprivateequitycontracting.com/
Grant Alan Fleming
Continuity Capital Partners ( email )
GPO Box 314
Canberra, Australian Capital Territory 2601
Australia
Sofia A. Johan
York University - Schulich School of Business ( email )
4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
Tilburg Law and Economics Center (TILEC) ( email )
Warandelaan 2
Tilburg, 5000 LE
Netherlands
Mai Takeuchi
Wilshire Private Markets ( email )
United States
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