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If the single index CAPM model is appropriate, we prove theoretically that well-diversi-fied portfolios must have similar rankings for the Treynor, Sharpe indices, and Adjusted Jensen’s

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A NOTE ON THE RELATIONSHIP AMONG

THE PORTFOLIO PERFORMANCE

INDICES UNDER RANK TRANSFORMATION

KEN HUNG, National Dong Hwa University, Taiwan CHIN-WEI YANG, Clarion University, USA DWIGHT B MEANS, Jr., Consultant, USA

Abstract

This paper analytically determines the conditions

under which four commonly utilized portfolio

meas-ures (the Sharpe index, the Treynor index, the Jensen

alpha, and the Adjusted Jensen’s alpha) will be

simi-lar and different If the single index CAPM model is

appropriate, we prove theoretically that

well-diversi-fied portfolios must have similar rankings for the

Treynor, Sharpe indices, and Adjusted Jensen’s

alpha ranking The Jensen alpha rankings will

coin-cide if and only if the portfolios have similar betas For

multi-index CAPM models, however, the Jensen

alpha will not give the same ranking as the Treynor

index even for portfolios of large size and similar

betas Furthermore, the adjusted Jensen’s alpha

rank-ing will not be identical to the Treynor index rankrank-ing

Keywords: Sharpe index; Treynor index; Jensen

alpha; Adjusted Jensen alpha; CAPM;

multi-index CAPM; performance measures; rank

correl-ation; ranking; rank transformation

21.1 Introduction

Measurement of a portfolio’s performance is of

extreme importance to investment managers

That is, if a portfolio’s risk-adjusted rate of returnexceeds (or is below) that of a randomly chosenportfolio, it may be said that it outperforms (orunderperforms) the market The risk–return rela-tion can be dated back to Tobin (1958), Markowitz(1959), Sharpe (1964), Lintner (1965), and Mossin(1966) Evaluation measures are attributed toTreynor (1965), Sharpe (1966), and Jensen (1968,1969) Empirical studies of these indices can befound in the work by Friend and Blume (1970),Black et al (1972), Klemkosky (1973), Fama andMacBeth (1974), and Kim (1978) For instance, therank correlation between the Sharpe and Treynorindices was found by Sharpe (1966) to be 0.94.Reilly (1986) found the rank correlation to be 1between the Treynor and Sharpe indices; 0.975between the Treynor index and Jensen alpha; and0.975 between the Sharpe index and Jensen alpha

In addition, the sampling properties and otherstatistical issues of these indices have been carefullystudied by Levy (1972), Johnson and Burgess(1975), Burgess and Johnson (1976), Lee (1976),Levhari and Levy (1977), Lee and Jen (1978), andChen and Lee (1981, 1984, 1986) For example,Chen and Lee (1981, 1986) found that the statisticalrelationship between performance measures andtheir risk proxies would, in general, be affected by

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the sample size, investment horizon, and market

conditions associated with the sample period

Not-withstanding these empirical findings, an analytical

study of the relationship among these measures is

missing in the literature These performance

meas-ures may well be considered very ‘‘similar’’ owing to

the unusually high rank correlation coefficients in

the empirical studies However, the empirical

find-ings do not prove the true relationship These

meas-ures can theoretically yield rather divergent

rankings especially for the portfolios whose sizes

are substantially less than the market A portfolio

size about 15 or more in which further decreases in

risk is in general not possible (Evans and Archer,

1968; Wagner and Lau, 1971; Johnson and

Shan-non, 1974) can generate rather different rankings

In the case of an augmented CAPM, a majority of

these performance measures, contrary to the

con-ventional wisdom, can be rather different regardless

of the portfolio sizes!

In this note, it is our intention to (1) investigate

such relationship, (2) clarify some confusing issues,

and (3) provide some explanations as to the

empir-ically observed high rank correlations among

per-formance measures The analysis is free from the

statistical assumptions (e.g normality) and may

provide some guidance to portfolio managers

21.2 The Relationship between Treynor, Sharpe,

and Jensen’s Measures in the Simple CAPM

Given the conventional assumptions, a typical

CAPM formulation can be shown as1

where yi¼ pp pf, which is the estimated excess

rate of return of portfolio i over the risk-free rate,

x¼ pm pf, which is the excess rate of return of

the market over the risk-free rate

The Treynor index is a performance measure

which is expressed as the ratio of the average excess

rate of return of a portfolio over the estimated beta

Si ¼ i

A standard deviation, which is significantlylarger than the beta, may be consistent with thelack of complete diversification While the Sharpeindex uses the total risk as denominator, the Trey-nor index uses only the systematic risk or estimatedbeta Note that these two indices are relative per-formance measures, i.e relative rankings of vari-ous portfolios Hence, they are suitable for anonparametric statistical analysis such as rankcorrelation

In contrast to these two indices, the Jensenalpha (or a) can be tested parametrically by theconventional t-statistic for a given significancelevel However, the absolute Jensen alpha maynot reflect the proper risk adjustment level for agiven performance level (Francis, 1980) For in-stance, two portfolios with the identical Jensen’salpha may well have different betas In this case,the portfolio with lower beta is preferred to the onewith higher beta Hence, the adjusted Jensen alphacan be formulated as the ratio of the Jensen alphadivided by its corresponding beta (see Francis,1980) or

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since Cov(x yi)¼ Var(yi)¼ Var(x) forx ¼ y2

i.Equation (21.5) indicates that the Treynor

index, in general, will not equal the Sharpe index

even in the case of a complete diversification, i.e

indices are identical only for sx ¼ 1, a highly

un-likely scenario Since neither the Treynor nor

Sharpe index is likely to be normally distributed,

a rank correlation is typically computed to reflect

their association Taking rank on both sides of

Equation (21.5) yields

Rank(Ti)¼ Rank(Si) sx (21:6)

since sx in a given period and for a given market

is constant As a result, the Treynor and the Sharpe

indices (which must be different values) give

iden-tical ranking as the portfolio size approaches

the market size as stated in the following

proposi-tions:

Proposition #1: In a given period and for a given

market characterized by the simple CAPM, the

Treynor and Sharpe indices give exactly the same

ranking on portfolios as the portfolio size (n)

ap-proaches the market size (N)

This proposition explains high rank correlation

coefficients observed in empirical studies between

these indices Similarly, Equation (21.5) also

indi-cates that parametric (or Pearson Product)

correl-ation between the Treynor and Sharpe indices

approaches 1 as n approaches N for a constant sx,

i.e Ti is a nonnegative linear transformation of Si

from the origin In general, these two indices give

similar rankings but may not be identical

The Jensen alpha can be derived from the

CAPM for portfolio i:

Ji¼ ai¼ yi bix (21:7)

It can be seen from Equation (21.7) that as

zero The relationship of the rankings between

the Jensen alpha and the Treynor index ranking

are equal can be proved as bi approaches 1

Since x is a constant; yi=bi ! yi and bix! x

We state this relationship in the following ition

propos-Proposition #2: In a given period and for a givenmarket characterized by the simple CAPM, as theportfolio size n approaches the market size N, theJensen alpha ranking approaches the Treynor indexranking

However, the Jensen alpha will in general bedependent on the average risk premium for agiven beta value for all portfolios since

Rank (ai)¼ Rank( yi) biRank( x)

for a constant bi (for all i) In this case the Jensenalpha will give similar rank to the Treynor indexfor a set of portfolios with similar beta values since

ai¼ yi bixhence

AJ¼ai

bi¼ i

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It follows immediately from Equation (21.10)

that

Rank(AJ)¼ Rank(T)  Rank(x) (21:11)

The result is stated in the following proposition

Proposition #4: In a given period and for a given

market characterized by the simple CAPM, the

adjusted Jensen alpha gives precisely identical

rank-ings as does its corresponding Treynor index

regard-less of the portfolio size

Clearly, it is the adjusted Jensen alpha that is

identical to the Treynor index in evaluating

port-folio performances in the framework of the simple

CAPM The confusion of these measures can lead

to erroneous conclusions For example, Radcliffe

(1990, p 209) stated that ‘‘the Jensen and Treynor

measures can be shown to be virtually identical.’’

Since he used only the Jensen alpha in his text, the

statement is not correct without further

qualifica-tions such as Proposition #3 The ranking of the

Jensen alpha must equal that of the adjusted

Jen-sen alpha for a set of similar betas, i.e

Rand(ai=bi)¼ Rank(ai) for a constant beta across

all i All other relationships can be derived by the

transitivity property as shown in Table 21.1 In the

next section, we expand our analysis to the

augu-mented CAPM with more than one independent

variable

21.3 The Relationship Between the Treynor,Sharpe, and Jensen Measures in theAugmented CAPM

An augumented CAPM can be formulated withoutloss of generality, as

yi ¼ aiþ bixþX

where zij is another independent variable and cij isthe corresponding estimated coefficient For in-stance, zij could be a dividend yield variable (seeLitzenberger and Ramaswami, 1979, 1980, 1982)

In this case again, the Treynor and Sharpe indiceshave the same numerators as in the case of a simpleCAPM, i.e the Treynor index still measures riskpremium per systematic risk (or bi) and the Sharpeindex measures the risk premium per total risk or(sy) However, if the portfolio beta is sensitive tothe additional data on zij due to some statisticalproblem (e.g multi-collinearity), the Treynor indexmay be very sensitive due to the instability of thebeta even for large portfolios In this case, thestandard deviations of the portfolio returns andportfolio betas may not have consistent rankings.Barring this situation, these two measures will ingeneral give similar rankings for well-diversifiedportfolios

Table 21.1 Analytical rank correlation between performance measures: Simple CAPM

Sharpe Index (Si) Treynor Index (Ti) Jensen Alpha (Ji)

Adjusted Jensen Alpha AJi Sharpe Index (Si) 1

Treynor Index (Ti) Rank(Ti)¼ Rank(Si) SX 1

Rank(ai=bi)¼

Rank(ai) for similar b ’s

1

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However, in the augmented CAPM framework,

the Jensen alpha may very well differ from the

Treynor index even for a set of similar portfolio

betas

This can be seen from reranking (ai) as:

Rank(ai)¼ Rank( yi) bi Rank( x)X

j

Rank(cijzzij)j

(21:13)

It is evident from Equation (21.13) that the

Jensen alpha does not give same rank as the

Trey-nor index, i.e Rank (ai)6¼ Rank yi=bi ¼ Rank (yi)

for a set of constant portfolio beta bi0’s This is

because cijzzij is no longer constant; they differ for

each portfolio selected even for a set of constant

bi’s (hence biRank( x)) for each portfolio i as

stated in the following proposition

Proposition #5: In a given period and for a given

market characterized by the augmented CAPM, the

Jensen alpha in general will not give the same

rank-ings as will the Treynor index, even for a set of similar

portfolio betas regardless of the portfolio size

Last, we demonstrate that the adjusted Jensen

alpha is no longer identical to the Treynor index as

shown in the following proposition

Proposition #6: In a given period and for a given

market characterized by the augmented CAPM, the

adjusted Jensen alpha is not identical to the Treynorindex regardless of the portfolio size

We furnish the proof by rewriting Equation(21.12) for each portfolio i as:

j Rank cij  =bi

 zzij(21:14)

It follows immediately that Rank (AJ)6¼ Rank

(T) in general since the last term of Equation(21.14) is not likely to be constant for each esti-mated CAPM regression It is to be noted thatcontrary to the case of the simple CAPM, theadjusted Jensen alpha and the Treynor index donot produce identical rankings Likewise, for asimilar set of bi’s for all i, the rankings of theJensen and adjusted Jensen alpha are closely re-lated Note that the property of transitivity, how-ever, does not apply in the augmented CAPM sincethe pairwise rankings of Ti and Ji or AJi do notTable 21.2 Analytical rank correlation between performance measures: Augmented CAPM

Sharpe Index Si Treynor Index Ti Jensen Alpha Ji

Adjusted Jensen Alpha AJi Sharpe Index

1 Jenson Alpha

Ji

Rank(Ji)6¼ Rank (Si ) Rank(Ji)6¼ Rank (Ti )

even for a similar beta and regardless of the portfolio size

1 Adjusted Jenson

Alpha

AJi

Rank(AJi)6¼ Rank(Si) Rank(AJi)6¼ Rank (Ti)

regardless of the portfolio size

Rank (AJi)! Rank (Ji) for a set of similar bi’s

1

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converge consistently (Table 21.2) even for large

porfolios

21.4 Conclusion

In this note, we first assume the validity of the

single index CAPM The CAPM remains the

foun-dation of modern portfolio theory despite the

chal-lenge from fractal market hypothesis (Peters, 1991)

and long memory (Lo, 1991) However, empirical

results have revalidated the efficient market

hy-pothesis and refute others (Coggins, 1998) Within

this domain, we have examined analytically the

relationship among the four performance indices

without explicit statistical assumptions (e.g

nor-mality) The Treynor and Sharpe indices produce

similar rankings only for well-diversified

portfo-lios In its limiting case, as the portfolio size

ap-proaches the market size, the ranking of the Sharpe

index becomes identical to the ranking of the

Trey-nor index The Jensen alpha generates very similar

rankings as does the Treynor index only for a set of

comparable portfolio betas In general, the Jensen

alpha produces different ranking than does the

Treynor index Furthermore, we have shown that

the adjusted Jensen alpha has rankings identical to

the Treynor index in the simple CAPM However,

in the case of an augmented CAPM with more

than one independent variable, we found that (1)

the Treynor index may be sensitive to the estimated

value of the beta; (2) the Jensen alpha may not give

similar rankings as the Treynor index even with a

comparable set of portfolio betas; and (3) the

adjusted Jensen alpha does not produce same

rankings as that of the Treynor index The

poten-tial difference in rankings in the augmented CAPM

suggests that portfolio managers must exercise

caution in evaluating these performance indices

Given the relationship among these four indices,

it may be necessary in general to employ each of

them (except the adjusted Jensen alpha and the

Treynor index are identical in ranking in the simple

CAPM) since they represent different measures to

evaluate the performance of portfolio investments

NOTES

1 We focus our analysis on the theoretical relationship among these indices in the framework of a true characteristic line The statistical distributions of the returns (e.g normal or log normal), from which the biases of these indices are derived, and other statistical issues are discussed in detail by Chen and Lee (1981, 1986) We shall limit our analysis to a pure theoretical scenario where the statistical as- sumptions are not essential to our analysis It is to

be pointed out that the normality assumption of stock returns in general has not been validated in the literature.

2 This condition is guaranteed if the portfolio yi is identical to the market (x) or if n is equal to N In this special case, if the portfolio is weighted accord- ing to market value weights, the portfolio is identical

to the market so Cov(x, yi)¼ Var(yi)¼ Var(x).

REFERENCES Black, F., Jensen, M.C., and Scholes, M (1972) ‘‘The Capital Asset Pricing Model: Some empirical tests,’’

in M.C Jensen (ed.) Studies in the Theory of Capital Markets, New York: Praeger Publishers Inc Burgess, R.C and Johnson, K.H (1976) ‘‘The effects

of sampling fluctuations on required inputs of ity analysis.’’ Journal of Financial and Quantitative Analysis, 11: 847–854.

secur-Chen, S.N and Lee, C.F (1981) ‘‘The sampling tionship between sharpe’s performance measure and its risk proxy: sample size, investment horizon, and market conditions.’’ Management Science, 27(6): 607–618.

rela-Chen, S.N and Lee, C.F (1984) ‘‘On measurement errors and ranking of three alternative composite performance measures.’’ Quarterly Review of Eco- nomics and Business, 24: 7–17.

Chen, S.N and Lee, C.F (1986) ‘‘The effects of the sample size, the investment horizon, and market con- ditions on the validity of composite performance measures: a generalization.’’ Management Science, 32(11): 1410–1421.

Coggin, T.D (1998) ‘‘Long-term memory in equity style index.’’ Journal of Portfolio Management, 24(2): 39–46.

Evans, J.L and Archer, S.H (1968) ‘‘Diversification and reduction of dispersion: an empirical analysis.’’ Journal of Finance, 23: 761–767.

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Fama, E.F and MacBeth, J.D (1973) ‘‘Risk, return

and equilibrium: empirical tests.’’ Journal of Political

Economy, 81: 607–636.

Francis, J.C (1980) Investments: Analysis and

Manage-ment, 3rd edn, New York: McGraw-Hill Book

Com-pany.

Friend, I and Blume, M.E (1970) ‘‘Measurement of

portfolio performance under uncertainty.’’ American

Economic Review, 60: 561–575.

Jensen, M.C (1968) ‘‘The performance of mutual

funds in the period 1945–1964.’’ Journal of Finance,

23(3): 389–416.

Jensen, M.C (1969) ‘‘Risk, the pricing of capital assets,

and the evaluation of investment portfolio.’’ Journal

of Business, 19(2): 167–247.

Johnson, K.H and Burgess, R.C (1975) ‘‘The effects

of sample sizes on the accuracy of E-V and SSD

efficient criteria.’’ Journal of Financial and

Quantita-tive Analysis, 10: 813–848.

Johnson, K.H and Shannon, D.S (1974) ‘‘A note on

diversification and reduction of dispersion.’’ Journal

of Financial Economics, 4: 365–372.

Kim, T (1978) ‘‘An assessment of performance of

mutual fund management.’’ Journal of Financial and

Quantitative Analysis, 13(3): 385–406.

Klemkosky, R.C (1973) ‘‘The bias in composite

per-formance measures.’’ Journal of Financial and

Quan-titative Analysis, 8: 505–514.

Lee, C.F (1976) ‘‘Investment horizon and functional

form of the Capital Asset Pricing Model.’’ Review of

Economics and Statistics, 58: 356–363.

Lee, C.F and Jen, F.C (1978) ‘‘Effects of

measure-ment errors on systematic risk and performance

measure of a portfolio.’’ Journal of Financial and

Quantitative Analysis, 13: 299–312.

Levhari, D and Levy, H (1977) ‘‘The Capital Asset

Pricing Model and investment horizon.’’ Review of

Economics and Statistics, 59: 92–104.

Levy, H (1972) ‘‘Portfolio performance and

invest-ment horizon.’’ Manageinvest-ment Science, 18(12): B645–

B653.

Litner, J (1965) ‘‘The valuation of risk assets and the

selection of risky investment in stock portfolios and

capital budgets.’’ Review of Economics and Statistics, 47: 13–47.

Litzenberger, R.H and Ramaswami, K (1979) ‘‘The effects of personal taxes and dividends on capital asset prices: theory and empirical evidence.’’ Journal

of Financial Economics, 7(2): 163–196.

Litzenberger, R.H and Ramaswami, K (1980) dends, short selling restriction, tax induced investor clienteles and market equilibrium.’’ Journal of Fi- nance, 35(2): 469–482.

‘‘Divi-Litzenberger, R.H and Ramaswami, K (1982 ) ‘‘The effects of dividends on common stock prices tax effects or information effect.’’ The Journal of Fi- nance, 37(2): 429–443.

Lo, A.W (1991) ‘‘Long-term memory in stock market prices.’’ Econometrica, 59(5): 1279–1313.

Markowitz, H.M (1959) Portfolio Selection Cowles Monograph 16 New York: Wiley, Chapter 14 Mossin, J (1966) ‘‘Equilibrium in a capital market.’’ Econometrica, 34: 768–783.

Peters, E.E (1991) Chaos and Order in the Capital Markets: A New View of Cycles, Prices and Market Volatility New York: John Wiley.

Radcliffe, R.C (1990) Investment: Concepts, Analysis, and Strategy, 3rd edn Glenview, IL: Scott, Fores- man.

Reilly, F.K (1986) Investments, 2nd edn Chicago, IL: The Dryden Press.

Sharpe, W.F (1964) ‘‘Capital asset price: A theory of market equilibrium under conditions of risk.’’ The Journal of Finance, 19(3): 425–442.

Sharpe, W.F (1966) ‘‘Mutual fund performance.’’ Journal of Business Supplement on Security Prices, 39: 119–138.

Tobin, J (1958) ‘‘Liquidity preference as behavior ward risk.’’ The Review of Economic Studies, 26(1): 65–86.

to-Treynor, J.L (1965) ‘‘How to rate management of investment funds.’’ Harvard Business Review, 43: 63–75.

Wagner, W.H and Lau, S.T (1971) ‘‘The effect of diversification on risk.’’ Financial Analysts Journal, 27(5): 48–53.

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Chapter 22

CORPORATE FAILURE: DEFINITIONS, METHODS, AND FAILURE PREDICTION

MODELS

JENIFER PIESSE, University of London, UK and University of Stellenbosch, South Africa

CHENG-FEW LEE, National Chiao Tung University, Taiwan and Rutgers University, USA

HSIEN-CHANG KUO, National Chi-Nan University and Takming College, Taiwan

LIN LIN, National Chi-Nan University, Taiwan

Abstract

The exposure of a number of serious financial frauds

in high-performing listed companies during the past

couple of years has motivated investors to move

their funds to more reputable accounting firms and

investment institutions Clearly, bankruptcy, or

cor-porate failure or insolvency, resulting in huge losses

has made investors wary of the lack of transparency

and the increased risk of financial loss This article

provides definitions of terms related to bankruptcy

and describes common models of bankruptcy

predic-tion that may allay the fears of investors and reduce

uncertainty In particular, it will show that a firm

filing for corporate insolvency does not necessarily

mean a failure to pay off its financial obligations

when they mature An appropriate risk-monitoring

system, based on well-developed failure prediction

models, is crucial to several parties in the investment

community to ensure a sound financial future for

clients and firms alike

Keywords: corporate failure; bankruptcy; distress;

receivership; liquidation; failure prediction;

Dis-criminant Analysis (DA); Conditional Probability

Analysis (CPA); hazard models; misclassification

cost models

22.1 IntroductionThe financial stability of firms is of concern tomany agents in society, including investors,bankers, governmental and regulatory bodies,and auditors The credit rating of listed firms is

an important indicator, both to the stock marketfor investors to adjust stock portfolios, and also tothe capital market for lenders to calculate the costs

of loan default and borrowing conditions for theirclients It is also the duty of government and theregulatory authorities to monitor the general fi-nancial status of firms in order to make propereconomic and industrial policy Further, auditorsneed to scrutinize the going-concern status of theirclients to present an accurate statement of theirfinancial standing The failure of one firm canhave an effect on a number of stakeholders, includ-ing shareholders, debtors, and employees How-ever, if a number of firms simultaneously facefinancial failure, this can have a wide-ranging ef-fect on the national economy and possibly on that

of other countries A recent example is the cial crisis that began in Thailand in July 1997,which affected most of the other Asia-Pacific coun-tries For these reasons, the development of theor-etical bankruptcy prediction models, which can

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finan-protect the market from unnecessary losses, is

es-sential Using these, governments are able to

de-velop policies in time to maintain industrial

cohesion and minimize the damage caused to the

economy as a whole

Several terms can be used to describe firms that

appear to be in a fragile financial state From

stand-ard textbooks, such as Brealey et al (2001) and Ross

et al (2002), definitions are given of distress,

bank-ruptcy, or corporate failure Pastena and Ruland

(1986, p 289) describe this condition as when

1 the market value of assets of the firm is less

than its total liabilities;

2 the firm is unable to pay debts when they come

due;

3 the firm continues trading under court

protec-tion

Of these, insolvency, or the inability to pay

debts when they are due, has been the main

con-cern in the majority of the early bankruptcy

litera-ture This is because insolvency can be explicitly

identified and also serves as a legal and normative

definition of the term ‘‘bankruptcy’’ in many

developed countries However, the first definition

is more complicated and subjective in the light of

the different accounting treatments of asset

valu-ation Firstly, these can give a range of market

values to the company’s assets and second,

legisla-tion providing proteclegisla-tion for vulnerable firms

var-ies between countrvar-ies

22.2 The Possible Causes of Bankruptcy

Insolvency problems can result from endogenous

decisions taken within the company or a change in

the economic environment, essentially exogenous

factors Some of the most common causes of

in-solvency are suggested by Rees (1990):

. Low and declining real profitability

. Inappropriate diversification: moving into

un-familiar industries or failing to move away

from declining ones

. Import penetration into the firm’s home kets

mar-. Deteriorating financial structures

. Difficulties controlling new or geographicallydispersed operations

. Over-trading in relation to the capital base

. Inadequate financial control over contracts

. Inadequate control over working capital

. Failure to eliminate actual or potential making activities

loss-. Adverse changes in contractual arrangements.Apart from these, a new company is usuallythought to be riskier than those with longer his-tory Blum (1974, p 7) confirmed that ‘‘otherthings being equal, younger firms are more likely

to fail than older firms.’’ Hudson (1987), ing a sample between 1978 and 1981, also pointedout that companies liquidated through a procedure

examin-of creditors’ voluntary liquidation or compulsoryliquidation during that period were on average two

to four years old and three-quarters of them lessthan ten years old Moreover, Walker (1992, p 9)also found that ‘‘many new companies fail withinthe first three years of their existence.’’ This evi-dence suggests that the distribution of the failurelikelihood against the company’s age is positivelyskewed However, a clear-cut point in age structurehas so far not been identified to distinguish ‘‘new’’from ‘‘young’’ firms in a business context, nor isthere any convincing evidence with respect to thepropensity to fail by firms of different ages Con-sequently, the age characteristics of liquidatedcompanies can only be treated as an observationrather than theory

However, although the most common causes

of bankruptcy can be noted, they are not sufficient

to explain or predict corporate failure A companywith any one or more of these characteristics isnot certain to fail in a given period of time This

is because factors such as government tion may play an important role in the rescue

interven-of distressed firms Therefore, as Bulow andShoven (1978) noted, the conditions under which a

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firm goes through liquidation are rather

compli-cated Foster (1986, p 535) described this as ‘‘there

need not be a one-to-one correspondence between

the non-distressed=distressed categories and the

non-bankrupt=bankrupt categories.’’ It is

notice-able that this ambiguity is even more severe in the

not-for-profit sector of the economy

22.3 Methods of Bankruptcy

As corporate failure is not only an issue for

com-pany owners and creditors but also the wider

economy, many countries legislate for formal

bank-ruptcy procedures for the protection of the public

interest, such as Chapter VII and Chapter XI in the

US, and the Insolvency Act in the UK The objective

of legislation is to ‘‘[firstly] protect the rights of

creditors [secondly] provide time for the

dis-tressed business to improve its situation [and

finally] provide for the orderly liquidation of assets’’

(Pastena and Ruland, 1986, p 289) In the UK,

where a strong rescue culture prevails, the

Insolv-ency Act contains six separate procedures, which

can be applied to different circumstances to prevent

either creditors, shareholders, or the firm as a whole

from unnecessary loss, thereby reducing the degree

of individual as well as social loss They will be

briefly described in the following section

22.3.1 Company Voluntary Arrangements

A voluntary arrangement is usually submitted by

the directors of the firm to an insolvency

practi-tioner, ‘‘who is authorised by a recognised

profes-sional body or by the Secretary of State’’ (Rees,

1990, p 394) when urgent liquidity problems have

been identified The company in distress then goes

through the financial position in detail with the

practitioner and discusses the practicability of a

proposal for corporate restructuring If the

practi-tioner endorses the proposal, it will be put to the

company’s creditors in the creditors’ meeting,

re-quiring an approval rate of 75 percent of attendees

If the restructuring report is accepted, those

noti-fied will thus be bound by this agreement and the

practitioner becomes the supervisor of the ment It is worth emphasizing that a voluntaryarrangement need not pay all the creditors in fullbut a proportion of their lending (30 percent in atypical voluntary agreement in the UK) on aregular basis for the following several months.The advantages of this procedure are that it isnormally much cheaper than formal liquidationproceedings and the creditors usually receive abetter return

agree-22.3.2 Administration Order

It is usually the directors of the insolvent firmwho petition the court for an administrationorder The court will then assign an administrator,who will be in charge of the daily affairs of thefirm However, before an administrator isappointed, the company must convince the courtthat the making of an order is crucial to thesurvival of the company or for a better realization

of the company’s assets than would be the case ifthe firm were declared bankrupt Once it is ration-alized, the claims of all creditors are effectivelyfrozen The administrator will then submit recov-ery proposals to the creditors’ meeting for ap-proval within three months of the appointmentbeing made If this proposal is accepted, the ad-ministrator will then take the necessary steps toput it into practice

An administration order can be seen as the UKversion of the US Chapter XI in terms of theprovision of a temporary legal shelter for troubledcompanies In this way, they can escape futurefailure without damaging their capacity to con-tinue to trade (Counsell, 1989) This does some-times lead to insolvency avoidance altogether(Homan, 1989)

22.3.3 Administrative Receivership

An administration receiver has very similarpowers and functions as an administrator but isappointed by the debenture holder (the bank),secured by a floating or fixed charge after the

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