The costs of entrenched boards

Lucian A. Bebchuk*, Alma Cohen

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

595 Scopus citations

Abstract

This paper investigates empirically how the value of publicly traded firms is affected by arrangements that protect management from removal. Staggered boards, which a majority of U.S. public companies have, substantially insulate boards from removal in either a hostile takeover or a proxy contest. We find that staggered boards are associated with an economically meaningful reduction in firm value (as measured by Tobin's Q). We also provide suggestive evidence that staggered boards bring about, and not merely reflect, a reduced firm value. Finally, we show that the correlation with reduced firm value is stronger for staggered boards that are established in the corporate charter (which shareholders cannot amend) than for staggered boards established in the company's bylaws (which shareholders can amend).

Original languageEnglish
Pages (from-to)409-433
Number of pages25
JournalJournal of Financial Economics
Volume78
Issue number2
DOIs
StatePublished - Nov 2005
Externally publishedYes

Funding

FundersFunder number
BSI-Gamma Foundation
Harvard John M. Olin Center for Law
Nathan Cummings Foundation
National Bureau of Economic Research

    Keywords

    • Agency costs
    • Antitakeover provisions
    • Boards
    • Corporate governance
    • Defensive tactics
    • Firm value
    • Mergers and acquisitions
    • Poison pills
    • Proxy fights
    • Staggered boards
    • Takeovers
    • Tender offers
    • Tobin's Q

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