Unintended consequences of German stock delisting legislation

Unintended consequences of German stock delisting legislation — CREST WP, 2023
Authors

Olivier Gossner

Michael Florig

Abstract

The German stock exchange act enables a company’s management to delist the shares without shareholder consent, provided a sponsor of the delisting offers to acquire outstanding shares at a price equal to at least a six month average of the share price. We capture the economic impact of this legislation in a model in which management has the option to delist the stock after public release of information. Delistings are likely to follow positive news on the asset value, which depresses the stock value even before information is released. This makes the option to delist even more attractive and generates a downwards self-reinforcing loop on stock price. Such unintended consequences of the legislation could be mitigated via mandatory shareholder consent, similar to the current French or UK legislation, by giving minority shareholders an appraisal right as in the US, or by requiring an independent expert evaluation.

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CREST WP, 2023

Citation

BibTeX citation:
@report{gossner2023,
  author = {Gossner, Olivier and Florig, Michael},
  title = {Unintended Consequences of {German} Stock Delisting
    Legislation},
  date = {2023},
  url = {https://gossner.me/papers/unintended-consequences-of-german-stock-delisting-legislation.html},
  langid = {en},
  abstract = {The German stock exchange act enables a company’s
    management to delist the shares without shareholder consent,
    provided a sponsor of the delisting offers to acquire outstanding
    shares at a price equal to at least a six month average of the share
    price. We capture the economic impact of this legislation in a model
    in which management has the option to delist the stock after public
    release of information. Delistings are likely to follow positive
    news on the asset value, which depresses the stock value even before
    information is released. This makes the option to delist even more
    attractive and generates a downwards self-reinforcing loop on stock
    price. Such unintended consequences of the legislation could be
    mitigated via mandatory shareholder consent, similar to the current
    French or UK legislation, by giving minority shareholders an
    appraisal right as in the US, or by requiring an independent expert
    evaluation.}
}
For attribution, please cite this work as:
Gossner, Olivier, and Michael Florig. 2023. “Unintended Consequences of German Stock Delisting Legislation.” In CREST WP. https://gossner.me/papers/unintended-consequences-of-german-stock-delisting-legislation.html.