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Tunnelling

Author

Listed:
  • Simon Johnson
  • Rafael La Porta
  • Florencio Lopez-de-Silanes
  • Andrei Shleifer

Abstract

Tunnelling is defined as the transfer of assets and profits out of firms for the benefit of their controlling shareholders. We describe the various forms that tunnelling can take, and examine under what circumstances it is legal. We discuss two important legal principles--the duty of care and the duty of loyalty--which courts use to analyze involving tunnelling. Several important legal cases from France, Belgium, and Italy illustrate how and why the law accommodaates tunnelling in civil law countries, and why certain kinds of tunnelling are less likely to pass legal scrutiny in common law countries.

Suggested Citation

  • Simon Johnson & Rafael La Porta & Florencio Lopez-de-Silanes & Andrei Shleifer, 1999. "Tunnelling," Harvard Institute of Economic Research Working Papers 1887, Harvard - Institute of Economic Research.
    • Handle: RePEc:fth:harver:1887
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    File URL: ftp://ftp.repec.org/RePEc/fth/harver/hier1887.pdf
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    Other versions of this item:

    • Simon Johnson & Rafael La Porta & Florencio Lopez-de-Silanes & Andrei Shleifer, 2000. "Tunnelling," NBER Working Papers 7523, National Bureau of Economic Research, Inc.
    • Johnson, Simon & La Porta, Rafael & Lopez-de-Silanes, Florencio & Shleifer, Andrei, 2000. "Tunneling," Scholarly Articles 30747165, Harvard University Department of Economics.

    More about this item

    JEL classification:

    • G3 - Financial Economics - - Corporate Finance and Governance
    • G38 - Financial Economics - - Corporate Finance and Governance - - - Government Policy and Regulation

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