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Unlimiting Unlimited Liability: Legal Equality for Swedish Banks with Alternative Shareholder Liability Regimes, 1897–1903

Published online by Cambridge University Press:  28 July 2021

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Abstract

This article examines the aftermath of the 1897 Riksbank Act in Swedish banking. The act placed banks with unlimited liability and those with limited liability on equal footing, removing the note-issuing privileges of the former. We consider whether changes in risk preferences occurred subsequent to the act, or whether extended liability was a sufficient deterrent. We conclude that when legal differences were removed, lower transaction costs for unlimited liability banks (ULBs) spurred aggressive competition, reflected in narrower interest spreads relative to limited liability banks (LLBs). ULBs also took on greater leverage and held less liquidity, which supports the Coasean interpretation that the shareholder liability regime mattered little. After 1897, ULB shareholders continued to receive higher dividends, enjoyed substantially superior returns on equity, and maintained an array of corporate governance controls to shield themselves against their additional risk.

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Type
Research Article
Creative Commons
Creative Common License - CCCreative Common License - BY
This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
Copyright
Copyright © The President and Fellows of Harvard College 2021
Figure 0

Table 1 Legislation of the Demand Liabilities per Bank Category, 1846–1911.

Figure 1

Figure 1. Number of commercial banks in Sweden by liability type, 1864–1912(Source: Sammandrag af Bankernas Uppgifter [Summary of the Banks’ Reports], 1866–1911.)

Figure 2

Table 2 A Stylized Balance Sheet of a Note Issuing Bank (ULB)

Figure 3

Figure 2. Cash reserves as percent of demand liabilities, for limited and unlimited liability banks, 1890–1911Note: Authors’ calculations. The difference is expressed in percentile unit. “Cash” refers to gold, silver, Riksbank notes, and balances at the Riskbank. (Source: Sammandrag af Bankernas Uppgifter [Summary of the Banks’ Reports], 1890–1911.)

Figure 4

Figure 3. Lending and financial claims (as percentage of assets), 1890–1911Note: Authors’ calculations. “Lending” refers to loans plus commercial bills. “Financial claims” refers to cash plus balances at other banks (plus reservfond and grundfondshypotek). (Source: Sammandrag af Bankernas Uppgifter [Summary of the Banks’ Reports], 1890–1911.)

Figure 5

Table 3 Changes in Selected Variables (ULBs post 1897): Differences in Differences

Figure 6

Table 4 The Capital Structures of Swedish Commercial Banks, 1896

Figure 7

Table 5 Investor and Efficiency Ratios, percent.

Figure 8

Table 6 External and Internal Controls