Personal Bankruptcy Law and Innovation around the World

Douglas Cumming, Randall Morck, Zhao Rong and Minjie Zhang ()

No 32826, NBER Working Papers from National Bureau of Economic Research, Inc

Abstract: Because corporate limited liability protects founder’s personal assets, creditors often require founders of new, small and risky firms to contract around limited liability by pledging their personal assets as collateral for loans to their firms. This makes personal bankruptcy law (PBL) relevant to corporate finance. We find that pro-debtor PBL reforms increase the number of patents filed, citations to those patents, and début patents by firms with no previous patents. These reforms also redistribute innovation across industries in closer alignment to its distribution in the U.S., which we take to approximate industry innovative potential. These effects are driven by firms without histories of high-intensity patenting, and are damped in countries that impose minimum capital requirements on new firms. Firms with largescale legacy technology may avoid radical innovations that devalue that technology. Consequently, new, initially small and risky firms often develop the disruptive innovations that contribute most to economic growth. Consistent with this, we also find pro-debtor PBL reforms increasing value-added growth rates across all industries, and by larger margins in industries with more innovation potential. Our difference-in-differences regressions use patents and PBL reforms for 33 countries from 1990 to 2002, with subsequent years used to measure citations to patents in this period.

JEL-codes: G33 G5 K35 O3 O4 P1 P50 (search for similar items in EconPapers)
Date: 2024-08
New Economics Papers: this item is included in nep-acc, nep-ent, nep-fdg, nep-his, nep-law, nep-sbm and nep-tid
Note: CF
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