Resolving financial distress where property rights are not clearly defined: the case of China

54 Pages Posted: 27 Feb 2023 Last revised: 31 May 2024

See all articles by Oren Sussman

Oren Sussman

European Corporate Governance Institute (ECGI)

Julian R. Franks

London Business School - Institute of Finance and Accounting; Centre for Economic Policy Research (CEPR); European Corporate Governance Institute (ECGI)

Meng Miao

Renmin University of China - School of Finance

Date Written: November 25, 2022

Abstract

We use data on financially distressed Chinese companies in order to study a debt market where property rights are crudely defined and poorly enforced. To help with identification we use an event where a business-friendly province published new guidelines regarding the administration and enforcement of assets pledged as collateral. Although by no means a comprehensive reform of bankruptcy law or property rights, by instructing courts to enforce existing, albeit rudimentary, contractual rights the new guidelines virtually eliminated creditors runs and produced a sharp increase in the survival rate of financially-distressed companies. These changes illustrate how piecemeal reforms of property rights and their enforcement may have a significant impact on economic outcomes. Our analysis and results challenge the view that a fully fledged system of private property is a precondition for economic development.

Keywords: Finance and development, property rights, financial distress, creditors runs

JEL Classification: G21, G23, G33, N25, O43, P48s

Suggested Citation

Sussman, Oren and Franks, Julian R. and Miao, Meng, Resolving financial distress where property rights are not clearly defined: the case of China (November 25, 2022). LawFin Working Paper No. 49, European Corporate Governance Institute – Finance Working Paper No. 999/2024, Available at SSRN: https://ssrn.com/abstract=4371798 or http://dx.doi.org/10.2139/ssrn.4371798

Oren Sussman (Contact Author)

European Corporate Governance Institute (ECGI) ( email )

c/o the Royal Academies of Belgium
Rue Ducale 1 Hertogsstraat
1000 Brussels
Belgium

Julian R. Franks

London Business School - Institute of Finance and Accounting ( email )

Institute of Finance and Accounting
Sussex Place - Regent's Park
London NW1 4SA
United Kingdom
+44 20 7262 5050 x3449 (Phone)
+44 20 7724 3317 (Fax)

Centre for Economic Policy Research (CEPR)

London
United Kingdom

European Corporate Governance Institute (ECGI)

c/o the Royal Academies of Belgium
Rue Ducale 1 Hertogsstraat
1000 Brussels
Belgium

HOME PAGE: https://ecgi.global/

Meng Miao

Renmin University of China - School of Finance ( email )

Ming De Main Building
Renmin University of China
Beijing, Beijing 100872
China

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