Tuesday, November 13, 2018

Corporate Governance by Daley Mok (7/7)


Independent Directors and Corporate Financial Performance – A Hong Kong Perspective (A DBA Dissertation Completed in August 2005)

 

Chapter 5 and References

 

Chapter 5 – Conclusion

 

5.1       Interpretation of Findings

5.1.1    General

The findings of the empirical analysis reveal a positive relationship between independent directors being on company boards and corporate financial performance in the Hong Kong context. In contrast with the conflicting evidence in previous literature, it is useful to point out at the outset that this is consistent with research in the context of New Zealand where the regulatory standards are similar and family-controlled companies dominate the market (Hossain, Prevost & Rao, 2001).

Since past failures of high-profile corporations have been associated with large corporate losses, artificial boosting of corporate profits by accounting manipulations, or both (for example, Peregrine in Hong Kong, HIH and One.Tel in Australia, Enron, WorldCom, Fannie Mae and Freddie Mac in the US), it is reasonable to hypothesise that corporate failure is inversely related to corporate financial performance. The relationship in evidence between independent directors being on company boards and superior corporate performance makes rational the further extension – the contention that there would likely be less corporate failures were there more independent directors on company boards.

Nonetheless, the improved corporate financial performance was not evident in all types of companies. Significant positive relationships were seen in medium-sized companies (with market capitalisation from HK$1,000 million to HK$10,000 million), GEM companies, high MV/BV companies (with MV/BV over 3), CEs and CAs. No statistically significant relationships were found in large companies (with market capitalisation over HK$10,000 million), small companies (with market capitalisation less than HK$1,000 million) and low MV/BV companies. It, therefore, seems that applying the same governance standard in respect of independent directors to all companies would not lead uniformly to the same desired result.

This is in line with calls that a one-size-fits-all approach is inappropriate (Young, 2003), and that the applicability of governance regimes is idiosyncratic rather than universal. Against that background, it is reasonable to suspect that regulations mandating all companies to adopt particular regimes with respect to board characteristics and membership may lead to suboptimal board structures (Hermalin & Weisbach, 1991), and unpredictable outcomes.

The improved performance was generally reflected in better market-based returns – higher P/Es, and more markedly in higher MV/BVs. It should be noted again that definitions and operationalizations matter (Daily, Johnson & Dalton, 1999; Rhoades, Rechner & Sundaramurthy, 2000), and the specific proxies chosen for independent directors and company financial performance play a pivotal role in identifying possible associations. Though both P/E and MV/BV are market-based returns, this study has revealed more cases with statistical significant relationships in respect of MV/BV than P/E. It was only in medium-sized companies and CAs that higher ROEs and ROAs were evident. Improvement in profitability accounting-wise was generally not as discernible. Hence it might be deduced that the improved performance was more likely due to improved market perception of the values of those companies with the greater number of independent directors present on their company boards.

The enhanced performance was seen to be more related to NEDs than INEDs. Most of the associations found were related to NEDs. Only in the cases of medium-sized companies and CAs were associations found with INEDs. Consequently, it appears that it is the non-executive characteristic of directors that contributes most to the outcome – as long as the added directors are non-executive (INEDs is a subset of NEDs), better financial performance will result. Thus, the emphasis of adding INEDs per se in governance standards might not lead to any additional improved financial performance. Why, is indeterminate. It might, for example, be that truly independent directors are rare in the Hong Kong setting (Chow, 2004a), therefore the impact of (what are described as) INEDs is not significantly different from that of NEDs on enhancing financial performance.

Interestingly, relative measures have emerged more definitive than absolute measures. More obvious associations were found with % of NEDs rather than No. of NEDs. Though both are proxies for the influence of independent directors, this finding implies that the relative proportion of independent directors on company boards has a stronger bearing on financial performance than the absolute number of them. That, perhaps, is understandable in voting settings. This may be the reason why the global trend is more on increasing the proportion of independent directors than the absolute number of them. This is the case for leading stock exchanges including the NYSE, the LSE, as well as the ASX and the two exchanges in mainland China. The HKEx, on the other hand, regulates on the exact number of independent directors.

5.1.2    Growth-orientation of Company

The relationship between NEDs and MV/BV was significantly stronger in GEM companies than Main Board companies. This supports empirical evidence in New Zealand and Australia that the relationship was positive only in companies oriented towards growth (Mak & Roush, 2000; Matolcsy, Stokes & Wright, 2004). More specifically, the significant differences lay between GEM companies and medium-sized Main Board companies, and between GEM companies and small Main Board companies. Distinctively, increasing NEDs makes significantly more contribution towards enhancing market-based returns in GEM companies than in small or medium-sized Main Board companies. Therefore, from the market return perspective, it is important to ensure that the boards of GEM companies have a relatively high proportion of independent directors.

Similarly, the relationship between NEDs and accounting returns was significantly stronger in GEM companies than small Main Board companies. However, in terms of accounting returns, the outcome was different when medium-sized companies were compared with GEM companies. Increasing INEDs in medium-sized Main Board companies was found to lead to significantly higher accounting returns than the same increase in GEM companies. One possible explanation could be that the medium-sized Main Board companies have relatively truly independent directors whose impact is reflected in superior operating results. The boards of the larger companies might have too much clout for their INEDs to be truly independent, whereas the smaller companies might only have nominees as INEDs to fulfil the HKEx’s requirements.

5.1.3    Shareholder Background of Company

No previous research was found in the Hong Kong context (or indeed other contexts) in respect of testing mainland Chinese shareholders against non-mainland Chinese shareholders. This study has revealed significantly stronger association between NEDs and MV/BV for CEs than companies majority-owned by non-mainland Chinese interests. The significant difference lay mainly between CEs and small Main Board companies.

The strongest relationship was found in CAs. A significantly stronger relationship existed between independent directors (including both NEDs and INEDs) and financial performance indicators (including both accounting returns and market-based returns) when CAs were compared with companies majority-owned by non-mainland Chinese interests.

It is therefore apparent that the data support a view that independent directors contributed more towards improving company performance in companies majority-owned by mainland Chinese interests than otherwise. While the contribution in CEs was evident in market perception only, the contribution in CAs comprehensively covered both accounting and market-based returns.

Though, as predicted, there was a significant difference between companies majority-owned by mainland Chinese and companies majority-owned by non-mainland Chinese, this finding was in the opposite direction to what was hypothesised in Chapter 2. A possible explanation could be that independent directors are viewed by the market as relatively more valuable in companies of “lower” governance status, hence their influence on company performance is consequently more profound. In relation to CAs, as they are non-PRC registered companies, they might be more inclined to accepting the management practices prevalent in Hong Kong and in the developed western countries. Therefore the influence of independent directors is not limited to market perception but extended to improving actual operating results as well. There will be more discussions on this in Section 5.3.

5.2       Policy Implications

5.2.1    General

This study demonstrates that independent directors are directly related to corporate financial performance in the Hong Kong context. It provides empirical evidence to support this commonly held belief (Mobius, 2002; Tsui & Gul, 2003), and the broad governance direction that the Hong Kong regulatory bodies are taking towards the compulsory addition of independent directors to company boards.

However, by dividing the companies into different groups to further analyse the relationship, it is obvious that the one-size-fits-all approach does not work – the optimum structure of a corporate board is idiosyncratic, rather than universal – particular companies may not require the greater monitoring by having a higher proportion of outside directors (Mak & Roush, 2000).

Arguably, a one-size-fits-all approach to this aspect of governance only imposes unnecessary costs on firms with the low agency problems characteristically inherent in family-controlled companies. There was, for example, no evidence that large Main Board companies benefited financially from having more independent directors. Similarly, there was no such evidence for small Main Board companies. Indeed, there were some hints in the statistical tests to suggest that independent directors and corporate financial performance were negatively associated for small Main Board companies, though the evidence failed the homogeneity of variance assumption test, and therefore could not be taken to support such a claim.

This point aside, while having the same governance standard for all companies might be seen as fair and equitable on the surface, it might also be argued as unfair and inequitable if the companies regulated do not benefit to the same extent. Even if the additional transaction costs of adding independent directors may be well absorbed by large companies because of their larger scale of operations, the costs may be inappropriately high for small companies. In any event, costs not recovered by the financial value attributed to the ensuing benefits cannot be justified as money well spent.

It is noteworthy that the better financial performance found was in general market-based returns. Only in medium-sized Main Board companies and CAs were higher accounting returns found. Market-based returns are predominantly a function of market perception of a company’s valuation, while accounting returns reveal periodic operating results. Apparently the improvement in financial performance was more because of favourable market sentiment towards companies with additional independent directors than actual improvement in operating results. Nevertheless, higher valuation of a company’s stocks remains a reflection of better company performance.

5.2.2    Relevance of Findings to Existing Regulations

These findings make the HKEx’s focuses on adding INEDs to company boards contestable. It was shown that the strength of relationship lies on NEDs, but as a board component inclusive of their INED members, rather than on INEDs as a separate cohort. Indeed, of the many relationships found, it was only in medium-sized Main Board companies and CAs that significant relationships were evident in relation to INEDs. With respect to enhancing company financial performance, it appears that the thrust should rather be on increasing NEDs than INEDs.

It is noteworthy that contrary to the prevalent global trend on increasing the proportion of independent directors instead of their absolute number, that the HKEx adopts the absolute number approach; indeed, from 1 October 2004, increasing the minimum INEDs each company board has from two to three. This runs counter to the empirical evidence in this study that % of NEDs has stronger relationship with financial performance than No. of NEDs. Accordingly, specifying a minimum percentage threshold of NEDs might be a more prudent policy in terms of achieving better company performance.

5.2.3    Recommendations to Policy Makers

This study has provided insight into the direction of governance policy in respect of companies listed on the HKEx. That policy should bear in mind the following relationships that the study has revealed:
  • a higher % of NEDs in CAs, CEs, GEM companies and high MV/BV Main Board companies was associated with better market-based returns;
  • a higher % of NEDs in CAs was associated with better accounting returns;
  • a higher % of INEDs in medium-sized Main Board companies was associated with better accounting returns;
  • the relationship between NEDs and company financial performance was stronger in GEM companies than others; and
  • the relationship between NEDs and company financial performance was stronger in CAs and CEs than others.

Where the primary objective is to improve corporate financial performance, the findings of this study imply that the following mechanisms for setting governance standards on board independence would be appropriate:
  • excluding CEs and CAs on the Main Board, identify the remaining Main Board companies with MV/BV over 3;
  • excluding CEs and CAs and the High MV/BV Companies on the Main Board, divide the remaining Main Board companies into Large, Medium and Small according to their market capitalisation (the thresholds are respectively over HK$10,000 million, from HK$1,000 million to HK$10,000 million, less than HK$1,000 million);
  • combining the groups identified above with the CEs, CAs and GEM companies that the HKEx currently uses to label its listed entities, all Hong Kong listed companies will fall into one of the following seven categories:
Ø  Main Board – CEs
Ø  Main Board – CAs
Ø  Main Board – High MV/BV Companies
Ø  Main Board – Large Companies
Ø  Main Board – Medium Companies
Ø  Main Board – Small Companies
Ø  GEM Companies;
  • specify a minimum proportion of NEDs in the board of each of the company category. Since positive relationships were found between NEDs and company financial performance in respect of Main Board – CEs, Main Board – CAs, Main Board – High MV/BV Company, Main Board – Medium Companies and GEM Companies, a minimum threshold for proportion of NEDs should be imposed upon them. The mean % of NEDs for all companies in our sample was 0.44, therefore a standard threshold to start with could well be 1/2 which, if needed, can be raised higher perhaps to 2/3 in subsequent years. In relation to Main Board – Large Companies and Main Board – Small Companies, as no significant association was identified, imposing a minimum threshold might only raise unnecessary transaction costs without commensurate benefits. Therefore, no minimum threshold is recommended. Instead, companies in these two categories could be allowed to make their own governance decisions in this respect.

It appears appropriate for the above classification of companies to be reviewed on an annual basis. Though grouping companies as such and assigning the relevant threshold to each category is the preferred approach, understandably such a policy might not be feasible to implement due to political and practical reasons. In those circumstances, a fall-back option is to apply a single threshold to all companies regardless. In any case, using a % of NEDs threshold is preferred to the current requirement of setting a minimum No. of INEDs.

5.3       Generalisability of Results

It has been suggested that the lower the governance standard of a market, the stronger is the relationship between governance and firm value (Bauer, Guenster & Otten, 2004). In a highly regulated market, the monitoring function of the board of directors could have already been served by the regulatory bodies (Hossain, Prevost & Rao, 2001; Wood & Patrick, 2003). The Hong Kong market is widely perceived to be less regulated than the US or the UK markets. That could be one reason why this study on Hong Kong companies shows a stronger relationship between independent directors and company performance than previous research on US and UK companies.

At the individual company level, the governance standards of GEM companies, CEs and CAs might be less rigid than for other companies listed in Hong Kong. GEM companies face less stringent listing requirements than those of the Main Board, leading some people to view the GEM as a secondary board. GEM companies are generally neophyte companies with a short operating history. For them, CG would, by and large, occupy a lower priority – at least by the board of directors and shareholders – as compared to company survival or growth. With respect to CEs and CAs, their boards of directors are comprised predominantly of mainland Chinese. Understandably, they are generally less acquainted with western-styled management and less sensitive to the CG matters that have so occupied western markets in recent times. By extending the regulatory standard proposition further to the company level, it could be contended that since the governance standards of growth-oriented companies and companies majority-owned by mainland Chinese interests are generally lower than their counterparts, they, therefore, exhibit stronger relationships between independent directors and company performance.

Though the Hong Kong market has its own peculiar characteristics and composition, its governance regulations and CG rating are assessed to be close to those of a number of other Asian countries, particularly the CG regimes observed in Singapore, India, Taiwan, Korea and Malaysia (CLSA, 2003). The increasing weightings of companies with mainland Chinese interests may be limited to the HKEx, yet the characteristic of dominance of family-owned companies is shared by many Asian countries, continental Europe, and New Zealand, and to a lesser degree, Australia. There is a paucity of research in the specific context of the Asian countries just noted, but the findings of this study are generally consistent with prior research done for New Zealand and Australian companies.

This study effectively covers all listed companies in Hong Kong. The research findings have a potential relevance not only to Hong Kong, but also to other markets with similar levels of governance regimes and especially so where companies’ affairs are exposed to the influence of dominant family-owned interests.

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