How Do Legal Differences and Learning Affect Financial Contracts

Working Paper: CEPR ID: DP4161

Authors: Steven Kaplan; Frederic Martel; Per Johan Strömberg

Abstract: We analyse venture capital (VC) investments in 23 non-US countries and compare them to VC investments in the US. We describe how the contracts allocate cash flow, board, liquidation, and other control rights. In univariate analyses, contracts differ across legal regimes. At the same time, however, more experienced VCs implement US-style contracts regardless of legal regime. In most specifications, legal regime becomes insignificant controlling for VC sophistication. VCs who use US-style contracts fail significantly less often. Financial contracting theories in the presence of fixed costs of learning, therefore, appear to explain contracts along a wide range of legal regimes.

Keywords: venture capital; financial contracts; legal differences; learning; contract theory

JEL Codes: G24; G32


Causal Claims Network Graph

Edges that are evidenced by causal inference methods are in orange, and the rest are in light blue.


Causal Claims

CauseEffect
VC sophistication (G24)contract characteristics (L14)
legal regime (K20)contract characteristics (L14)
VC size, age, experience with US VCs (G24)likelihood of implementing US-style contracts (K12)
US-style contracts (K12)VC survival rates (J17)
contract characteristics (L14)VC survival rates (J17)

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