Does Law Matter?: The Separation Of Ownership And Control In The United Kingdom
The corporate world today subdivides into rival systems of dispersed and concentrated ownership, with different corporate governance structures characterising each. The United States and the United Kingdom fall into the former category and other major industrial countries tend to fall into the latter. There is anecdotal evidence that suggests market forces are serving to destabilise traditional structures and cause some form of convergence along American corporate governance lines. According to some corporate governance experts, a variable that will affect how far matters will progress is the law. They argue that because the law "matters", a transition to the US pattern of corporate governance will occur only gradually and tentatively unless there is a legal environment which is hospitable to dispersed share ownership. This paper provides evidence on the extent to which legal regulation does "matter" in the corporate governance context. The approach is historical in orientation and the focus is on the emergence of a separation of ownership and control, characterised by widely dispersed share ownership and strong managers, in the United Kingdom. The experience in Britain is instructive because, with respect to corporate governance, no other major industrial nation has more in common with the United States. Developments in the UK suggest that a highly specific set of laws governing companies and financial markets do not have to be in place to ensure that a separation of ownership and control becomes a central feature of a country's corporate governance system. Instead, alternative institutional structures can perform the function "law matters" advocates say the legal system needs to play. It is an open question, however, whether such alternatives are likely to emerge in countries where a transition to the American pattern of corporate governance could be in progress.
When requesting a correction, please mention this item's handle: RePEc:cbr:cbrwps:wp172. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Ruth Newman and Georgie Cohen)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.