Hungary's bankruptcy experience, 1992-93

Hungary adopted a tough new bankruptcy law in late 1991 that took effect on January 1, 1992. It required managers of firms with arrears over 90 days to any creditor to file for either reorganization or liquidation within eight days (the so-called"automatic trigger") and provided a rather sympathetic framework in which to do so. The result: since January 1992, more than 25,000 cases have been filed - far beyond lawmakers'expectations. Both positive and negative views about the law have been expressed, but details about how the process has actually worked have been scarce. The authors help fill this information gap by providing detailed data on a randomly selected stratified sample of actual cases filed in 1992-93, supplemented by information gained through interviews with judges, liquidations, and firms involved in bankruptcy. Their conclusions are as follows. First, the bankruptcy process appears to have had some degree of economic logic in 1992 and 1993. Better firms were more likely to enter and emerge"successfully"from reorganization, while worse firms were more likely either to fail in reorganization or to file directly for liquidation. Second, judicial reorganization need not be slow and costly. The first wave of reorganizations was handled surprisingly quickly, especially considering the sheer number of cases, the novelty of the process, and the shortage of trained judges. This quickness was possible largely because of the decentralized design of the process. Once the court approved a case, the court had little role. (Amendments added in 1993 may have made the process more bureaucratic and expensive). Third, in this sample, major delays occurred not in reorganization but in liquidation. Creditors will do almost anything to avoid filing for liquidation, and once firms enter liquidation they are still likely to be kept alive indefinitely. In the end, this lack of a viable creditor-led"exit"and debt collection mechanism harms firms by increasing the cost and reducing the flow of credit. Fourth, although the bankruptcy process displays some degree of economic logic, one should not assume that it operates as a similar law would in a market economy. In particular, a likely source of private gain in Hungary appears to be asset or other value diversion (or"value-stripping) before bankruptcy. Fifth, the main need is to strengthen the incentives of creditors to monitor the process closely and to improve their ability to do so.Banks&Banking Reform,International Terrorism&Counterterrorism,Strategic Debt Management,Small Scale Enterprise,Small and Medium Size Enterprises,Banks&Banking Reform,Strategic Debt Management,Legal Products,International Terrorism&Counterterrorism,Economic Theory&Research

The Problem of Holdout Creditors in Eurozone Sovereign Debt Restructuring

The Eurozone official sector has declared that the belated restructuring of Greek bonds held by private sector creditors in 2012 was a “unique and exceptional” event, never, ever to be repeated in any other Eurozone country. Maybe so. But if this assurance proves in time to be as fragile as the official sector’s prior pronouncements on the subject of “private sector involvement” in Eurozone sovereign debt problems, any future Eurozone debt restructuring will be surely plagued by the problem of non-participating creditors --- holdouts. Indeed, it is the undisguised fear of holdouts and the prospect of a messy, Argentine-style debt restructuring in the belly of Europe that has been one of the principal motivations for the official sector’s willingness to use its taxpayer money to repay, in full and on time, all of the private sector creditors of Eurozone countries receiving bailouts (the belated Greek restructuring being the sole exception). This article argues that a simple amendment of the Treaty Establishing the European Stability Mechanism (the Eurozone’s new bailout facility) could immunize within the confines of the Eurozone the assets of a Eurozone country receiving ESM bailout assistance from attachment by litigious holdout creditors. By thus increasing the difficulties that holdouts would face in enforcing court judgments against a debtor country, the objective of the amendment is to deflate creditor expectations that staying out of an ESM-supported sovereign debt restructuring will lead to a preferential recovery for the holdouts. This measure would also, when taken together with the other steps that the Eurozone has already implemented, substantially replicate the important features of the Sovereign Debt Restructuring Mechanism proposed by the IMF in 2002

Influences of context and culture on singaporean strategic investment decision making practises

This thesis investigates the interplay of context with culture on strategic investment decision (SID) making practises in strategic management accounting, strategic management, cross cultural management and global strategic management research in Singapore using three research questions. These research questions commence from an inter-country perspective on SID making and narrow down to the theme of foreign versus domestic investments. The three research questions are: Research question 1(RQ1): Do strategic management accounting, strategic management and cultural aspects vary across Singaporean companies in SID making? Research Question 2 (RQ 2): Can SID differences be explained by using a four way categorisation of firms? Research Question 3 (RQ3): Do decision making practises for international SIDs differ from domestic SIDs? The first research question aims to determine country versus context specific SID making practises using Singapore as the research context. Having acknowledged unique country specific influences on SID making practises in the analysis conducted using the first research question, the second research question segments the Singaporean SIDs in conjunction with the international SIDs into four contextual categories using unique contextual differences that are highlighted in the analysis. The third research question aims to ascertain unique aspects of SID research that can be applied to global strategic management research. To address RQ3, the findings from RQ1 and RQ2 are consolidated in tandem with global strategic management research in order to distinguish between foreign direct investments versus domestic investments in SID making. Drawing on Singapore as the empirical focus for fieldwork, a multi-tiered case analysis system is used. The methods chapter illustrates the pilot study and thirty case studies that are conducted over two years over three stages with representative companies from the primary, secondary and tertiary sectors. In the detailed case study approach taken by the researcher; web-based research, questionnaire modifications, interviews, field visits, factory observations and financial reports collection are duplicated in Stages one to three to ensure comparability with the previous phases. In the discussion section, the dominating themes from the results chapters are used as comparison with multi-country research in order to investigate the three research questions in detail. In total, nineteen expectations that are derived from the literature review covering the dimensions of strategic management accounting, strategic management, cross cultural management and global strategic management are extracted and compared with actual SID making practises exhibited in the 30 case studies. Cultural similarities within the thirty Singaporean SIDs are contrasted with unique cultural features of U.S, U.K, Japanese and German firms using RQ1. Beyond financial variables, culture specific differences are specifically highlighted for the dimensions of intuition, power distance relationships, long term orientation and minimum financial versus strategic emphasis in the Singaporean sample. In RQ1’s analysis, it is found that Singaporean firms exhibit the highest degree of future orientated behaviour, power distance relationships in conjunction with lower levels of assertiveness and in-group collectivism when contrasted with U.K, U.S, Japanese and German firms. However, some contextual differences are apparent within the Singaporean sample which RQ2 seeks to explain. In RQ2’s analysis, the thirty firms are structured into Market Creators, Value Creators, Refocusers and Restructurers where marked distinctions in financial flexibility, financial expectations and attitude towards financial targets are found. Further observations found that firms in the tertiary sector favour readiness in SID making, as compared to planned SID making approaches in the secondary and primary sectors. Hence, it is concluded that culture and context both play important roles in different aspects in SID making. RQ3’s analysis aims to show subtle distinctions between overseas and domestic SIDs. It is found that firms investing in overseas SIDs are inclined to be longer-term in their SID making approach than firms who have a higher propensity to invest in domestic SIDs. The approaches for host country selection differ for the 4 contextual categories. The Market Creators tend to be influenced by the availability of closeknitted partners when investing overseas. In contrast, the Refocusers and Restructurers are highly customer-driven whereas the Value Creators are attracted by the host country’s market potential. From the literature summary of the four unique dimensions pertinent to SID making, a pre-conceptual framework is derived. In the discussion section, the pre-conceptual framework is restructured into a post-conceptual framework where themes common to the Singaporean and multi-country SIDs that have been used for comparative analysis are emphasised. This framework concludes the thesis by combining both contextual and cultural themes using research from the eastern and western context

National HPCC Software Exchange

This report describes an effort to construct a National HPCC Software Exchange (NHSE). This system shows how the evolving National Information Infrastructure (NII) can be used to facilitate sharing of software and information among members of the High Performance Computing and Communications (HPCC) community. To access the system use the URL: http://www.netlib.org/nse/

Inter-module code analysis techniques for software maintenance

The research described in this thesis addresses itself to the problem of maintaining large, undocumented systems written in languages that contain a module construct. Emphasis is placed on developing techniques for analysing the code of these systems, thereby helping a maintenance programmer to understand a system. Techniques for improving the structure of a system are presented. These techniques help make the code of a system easier to understand. All the code analysis techniques described in this thesis involve reasoning with, and manipulating, graphical representations of a system. To help with these graph manipulations, a set of graph operations are developed that allow a maintenance programmer to combine graphs to create a bigger graph, and to extract subgraphs from a given graph that satisfy specified constraints. A relational database schema is developed to represent the information needed for inter-module code analysis. Pointers are given as to how this database can be used for inter-module code analysis

Developing commercial law in transition economies : examples from Hungary and Russia

Implementing decentralized legal frameworks requires reasonable laws, adequate institutions, and market-oriented incentives. All three must exist together. In transition economies, not only must new laws be drafted but they must be accompanied by the growth of supportive institutions. And they must be accompanied by economic reforms - whether privatization or banking reforms - that separate actors from the state and reinforce market-based incentives. The authors of this paper use two case studies - Hungarian bankruptcy law and Russian company law - to illustrate the interaction of these three elements in practice. These cases illustrate their general view that Central Europe is somewhat further along on all three dimensions than Russia. As for incentives, in both countries relevant actors exert weaker demand for proper implementation of thelaws on the books than one would expect in more mature market economies. The cases belie any simplistic notion that the rule of law can be mechanically dictated from above. Top-down reform of bankruptcy law in Hungary appears to have been at least marginally successful in changing expectations and behavior, partly because it stimulated the growth of new supporting institutions. Finally, top-down reform of company law in Russia has had little impact to date on either institutional development or firm behavior.Legal Institutions of the Market Economy,Legal Products,Environmental Economics&Policies,Banks&Banking Reform,Judicial System Reform,Legal Products,Banks&Banking Reform,Environmental Economics&Policies,National Governance,Legal Institutions of the Market Economy

Debt as a control device in transitional economies : the experiences of Hungary and Poland

The basic economic challenge in the transition from socialism to capitalism is creating incentive structures and institutions that promote enterprise change and restructuring. This is the motivation for most of the reforms debated during the transition - whether privatization, demonopolization, trade reform, or financial sector reform. Most research on corporate governance and privatization has focused on the role of owners - whether on the problems inherent in the separation of ownership and management (most Western literature) or on the need for true owners who represents the interests of capital (most literature on transition economies). But debt is also an important control device, as Western literature on corporate finance increasingly recognizes. The authors explore debt's role as a control device in transition economies, focusing especially on Hungary and Poland, which are relatively far along in the reform process. They ask, first, in what ways creditors exert control over firms in advanced market economies and how such control interacts with that exerted by equity holders. They then ask whether creditors in Central and Eastern European countries play similar roles and, if not, what roles they should play, and what can be done to give them the capacity and incentives to play those roles. They focus on three fundamental requirements for debt to function as a control device: information, proper incentives for creditors (including banks, suppliers, and government), and an efficient legal framework for debt collection (including collateral, workout, and bankruptcy regimes). While both countries are making progress in all three areas, there is still much to be done. Hungary and Poland illustrate only two of many approaches. Other transitional economies, such as the Czech Republic, Estonia, and Russia, are following different approaches that should be explored in future analysis.International Terrorism&Counterterrorism,Banks&Banking Reform,Payment Systems&Infrastructure,Environmental Economics&Policies,Financial Intermediation,Banks&Banking Reform,Environmental Economics&Policies,Financial Intermediation,Financial Crisis Management&Restructuring,Housing Finance

Formal methods for legacy systems.

Paper dated January 6, 1995A method is described for obtaining useful information from legacy code. The approach uses formal proven program transformations, which preserve for refine the semantics of a construct while changing its form. The applicability of a transformation in a particular syntactic context is checked before application. By using an appropriate sequence of transformations, the extracted representation is guaranteed to be equivalent to the code. In this paper, we focus on the results of using this approach in the reverse engineering of medium scale, industrial software, written mostly in languages such as assembler and JOVIAL. Results from both benchmark algorithms and heavily modified, geriatric software are summarised. It is concluded that the approach is viable, for self-contained code, and that useful design information may be extracted from legacy systems at economic cost. We conclude that formal methods have an important practical role in the reverse engineering process.Partly funded bu Alvey project SE-088, partly through a DTI/SERC and IBM UK Ltd. funded IEATP grant "From assembler to Z using formal transformations" and partly by SERC (Science and Engineering Research Council) project "A proof theory for program refinement and equivalence: extensions"

Formal methods to aid the evolution of software.

Paper dated January 6, 1995There is a vast collection of operational software systems which are vitally important to their users, yet are becoming increasingly difficult to maintain, enhance and keep up to date with rapidly changing requirements. For many these so called legacy systems the option of throwing the system away and re-writing it from scratch is not economically viable. Methods are therefore urgently required which enable these systems to evolve in a controlled manner. The approach described in this paper uses formal proven program transformations, which preserve or refine the semantics of a program while changing its form. These transformations are applied to restructure and simplify the legacy systems and to extract higher-level representations. By using an appropriate sequence of transformation, the extracted representation is guaranteed to be equivalent to the code. The method is based on a formal wide spectrum language, called WSL, with accompanying formal method. Over the last ten years we have developed a large catalogue of proven transformations, together with mechanically verifiable applicability conditions. These have been applied to many software development, reverse engineering and maintenance problems. In this paper, we focus on the results of using this approach in reverse engineering of medium scale, industrial software, written mostly in languages such as assembler and JOVIAL. Results from both benchmark algorithms and heavily modified, geriatric software are summarised. We conclude that formal methods have an important practical role in software evolution.Partly funded bu Alvey project SE-088, partly through a DTI/SERC and IBM UK Ltd. funded IEATP grant "From assembler to Z using formal transformations" and partly by SERC (Science and Engineering Research Council) project "A proof theory for program refinement and equivalence: extensions"