Hidden Government Influence Over Privatized Banks

Theoretical Inquires in Law, Forthcoming

USC CLEO Research Papers Series No. C11-15

USC Legal Studies Research Papers Series No. 11-22

31 Pages Posted: 19 Sep 2011 Last revised: 15 Apr 2015

See all articles by Assaf Hamdani

Assaf Hamdani

Tel Aviv University; Buchman Faculty of Law; Coller School of Management; European Corporate Governance Institute (ECGI)

Ehud Kamar

Tel Aviv University - Buchmann Faculty of Law; European Corporate Governance Institute (ECGI)

Date Written: July 10, 2012

Abstract

This article uses Israel’s ongoing process of bank privatization to explore the link between privatization programs and ownership structure of public companies. Our thesis is that concentrated ownership provides regulators with a platform for exerting informal influence over corporate decision-making. This platform serves regulators as a safety valve when all else fails, especially when they would like firms to terminate senior executives or board members. Communicating with controlling shareholders increases the likelihood that both the regulatory intervention and the reasons underlying it would remain confidential. Moreover, controlling shareholders can make swift decisions and implement them quickly, with no need for formal group deliberation. When informal influence is important – as in the case of banks – the government may prefer firms with controlling shareholders to widely held firms. The government may therefore prefer selling a control block in the firm undergoing privatization to distributing its shares through the stock market.

JEL Classification: E58, G20, G21, G28, G30, G38, K20, K22, K23, L33

Suggested Citation

Hamdani, Assaf and Kamar, Ehud, Hidden Government Influence Over Privatized Banks (July 10, 2012). Theoretical Inquires in Law, Forthcoming, USC CLEO Research Papers Series No. C11-15, USC Legal Studies Research Papers Series No. 11-22, Available at SSRN: https://ssrn.com/abstract=1930616

Assaf Hamdani

Tel Aviv University; Buchman Faculty of Law; Coller School of Management ( email )

Ramat Aviv
Tel Aviv, 69978
Israel

European Corporate Governance Institute (ECGI) ( email )

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

Ehud Kamar (Contact Author)

Tel Aviv University - Buchmann Faculty of Law ( email )

Ramat Aviv
Tel Aviv, 69978
Israel
972-3-6407301 (Phone)

European Corporate Governance Institute (ECGI)

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

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