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Is corporate transparency the solution to political failure on our greatest problems? A discussion of Darendeli, Fiechter, Hitz, and Lehmann (2022)

Journal of Accounting and Economics 2022 74(2-3), 101542
Advocacy groups have responded to the lack of political solutions to some of the greatest problems we face—from climate change to armed conflicts—by lobbying for securities regulation that increases corporate transparency. They aim to incentivize corporations to address problems that lack other political solutions. I discuss what we can (and cannot) learn about the efficacy of reporting mandates from the findings in Darendeli et al. (2022) and related papers that stakeholders respond to greater availability of corporate social responsibility information. I support my arguments with evidence from mandatory conflict mineral disclosures—to date, the only related US securities regulation. Although stakeholder responses are likely necessary to incentivize changes in corporate behavior, they are insufficient to justify a mandate. A convincing justification must explain how reporting mandates lead to socially beneficial real effects, are best overseen by the Securities and Exchange Commission, and are less costly than alternative policy instruments. So far, proponents of reporting mandates have, at best, provided incomplete justifications. These circumstances are problematic given the current push for mandatory reporting related to issues such as climate change and workplace diversity.

Financial shocks to lenders and the composition of financial covenants

Journal of Accounting and Economics 2022 73(1), 101426
We provide evidence that financial shocks to lenders influence the composition of financial covenants in debt contracts. Using two distinct measures of lender-specific shocks—defaults in a lender's corporate loan portfolio that occur outside the borrower's region and industry, and non-corporate loan delinquencies—we show that lenders respond to financial shocks by increasing the number and strictness of performance-based but not of capital-based covenants in debt contracts. We examine two possible channels for this result. We find evidence consistent with lenders using stricter control rights because of concerns about capital depletion (a capital channel) and because of new information about lenders' own screening ability (a learning channel). Our results indicate that lender preferences influence how accounting information is used in debt contracts.

Policeman for the World: The Impact of Extraterritorial FCPA Enforcement on Foreign Investment and Internal Controls

The Accounting Review 2022 97(5), 189-219
We show that a mid-2000s increase in extraterritorial enforcement of the U.S. Foreign Corrupt Practices Act (FCPA), characterized by greater international regulatory cooperation and more frequent use of the FCPA's accounting provisions, has a significant deterrent effect on foreign direct investment in high-corruption-risk countries. The decrease in investment is at least as large for non-U.S. as for U.S. firms, suggesting that widespread extraterritorial enforcement helps to create a level foreign investment playing field. Firms under U.S. jurisdiction with fundamental characteristics that make it more difficult to maintain effective internal controls invest less in high-corruption-risk countries after the FCPA enforcement increase, suggesting regulatory compliance costs play a role in deterring investment. Consistent with investments in accounting systems being one way, firms limit enforcement risk when investing in high-corruption-risk countries, firms pursuing new investments spend more time evaluating potential targets, and firms with existing investments report fewer restatements related to unintentional errors.