Law and Project Finance
By Krishnamurthy Subramanian, Frederick Tung
Journal of Financial Intermediation | May 2016
DOI
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=972415
Citation
Subramanian, Krishnamurthy., Frederick Tung. Law and Project Finance Journal of Financial Intermediation http://papers.ssrn.com/sol3/papers.cfm?abstract_id=972415.
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Journal of Financial Intermediation, 2016
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Abstract
We investigate Project Finance as a private response to inefficiencies created by weak legal protection of outside investors. In the context of large investment projects, we offer a new illustration that law matters by demonstrating that Project Finance offers a contractual and organizational substitute for investor protection laws. Project Finance accomplishes this by making cash flows verifiable, thereby enhancing debt capacity. Project Finance makes cash flows verifiable through: (i) contractual arrangements made possible by structuring the Project Company as a single, discrete project legally separate from the sponsor; and (ii) private enforcement of these contracts through a network of project accounts that ensures lender control of project cash flows.

Comparing the incidence of bank loans for Project Finance with regular corporate loans for large investments ("Corporate Debt Finance"), we show that Project Finance is more likely in countries with weaker laws against insider stealing and weaker creditor rights in bankruptcy. Our identification relies on difference-in-difference tests that exploit exogenous country-level changes in legal rules, as well as triple-difference tests that exploit differences across industries in the agency costs of free cash flow.

K. V. Subramanian is a Professor of Finance (currently on leave) at the Indian School of Business (ISB). He has served as an Executive Director at the International Monetary Fund and was the 17th Chief Economic Advisor to the Government of India from 2018 to 2021.

As Chief Economic Advisor, Professor Subramanian conceptualised India’s economic policy during the once-in-a-century COVID-19 pandemic. By correctly identifying COVID-19 as a huge supply-side shock, Professor Subramanian balanced supply- and demand-side measures, transformed fiscal policy to focus on public capital expenditure, and initiated path-breaking reforms to address structural problems. His foresight and vision enabled the Indian economy to emerge with high growth and strong macro fundamentals despite the Ukraine war following the pandemic.

His policy ideas drew on the path-breaking Economic Surveys. He authored Ethical Wealth Creation for a Prosperous India (2019-20), a Strategic Blueprint for India to Become a $5 Trillion Economy (2018-19), and the post-COVID-19 economy using public capital expenditures in infrastructure and healthcare to further counter-cyclical fiscal policy (2020-21). Acknowledging his contributions, the Hon’ble Prime Minister of India, Shri. Narendra Modi, praised his “academic brilliance, unique perspectives on economic and policy matters, and reformatory zeal.”

Professor Subramanian has been conferred the Distinguished Alumnus award by both his alma maters at IIT Kanpur and IIM Calcutta. He holds a PhD from the University of Chicago. His research spanning banking, law and finance, innovation and economic growth, and corporate governance has been published in the world's leading academic journals.

Krishnamurthy Subramanian
Krishnamurthy Subramanian