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HHL Working Paper No. 141 March 2015 (rev. version as of November 2015) Determinants of Investor Reactions to Error Announcements Extended Evidence from Germany Germar Ebnera, Matthias Höltkenb, Henning Zülchc a Germar Ebner is a research associate at the Chair of Accounting and Auditing at HHL Leipzig Graduate School of Management, Germany. Email: [email protected] b Matthias Höltken is a research associate at the Chair of Accounting and Auditing at HHL Leipzig Graduate School of Management, Germany. b Prof. Dr. Henning Zülch is holder of the Chair of Accounting and Auditing at HHL Leipzig Graduate School of Management, Germany. Abstract: This paper contributes to the understanding of the German two-tiered enforcement system and the ‘name and shame’ mechanism as its deterrent. We investigate short-term reactions to error announcements published between 2006 and 2013 and find significant evidence for differences of investor reactions between the early and the current years of enforcement. Disentangling the contributing factors of error severity, we provide evidence that investor reactions are primarily driven by the impact of error announcements on profitability and financial leverage. Conversely, we detect the amount of errors established to be negatively associated with investor reactions indicating that extensive error announcements have an attenuating effect on investor reactions. Further multivariate analyses provide additional insights referring to determinants of investor reactions by examining effects of stated errors on core earnings, effects of errors triggered due to second-guessing the use of professional judgment, and changes of investor perception over time. Determinants of Investor Reactions to Error Announcements – Extended Evidence from Germany Abstract This paper contributes to the understanding of the German two-tiered enforcement system and the ‘name and shame’ mechanism as its deterrent. We investigate short-term reactions to error announcements published between 2006 and 2013 and find significant evidence for differences of investor reactions between the early and the current years of enforcement. Disentangling the contributing factors of error severity, we provide evidence that investor reactions are primarily driven by the impact of error announcements on profitability and financial leverage. Conversely, we detect the amount of errors established to be negatively associated with investor reactions indicating that extensive error announcements have an attenuating effect on investor reactions. Further multivariate analyses provide additional insights referring to determinants of investor reactions by examining effects of stated errors on core earnings, effects of errors triggered due to second-guessing the use of professional judgment, and changes of investor perception over time. Keywords Enforcement, IFRS, error announcement, regulation, Germany JEL Classification M 41, M 48 Acknowledgement We gratefully acknowledge the valuable and constructive comments of Sebastian Hoffmann, Paul Pronobis, Teri Yohn and participants of both the 6th HHL Leipzig Graduate School of Management doctoral seminar on accounting as well as the EAA’s Annual Congress 2015 in Glasgow. In addition, we would like to thank the anonymous reviewers of the EAA’s Annual Congress 2015 in Glasgow, the AAA’s Annual Congress 2015 in Chicago, and the VHB’s Annual Congress 2015 in Vienna. We further thank Tobias Kretzschmar and Toni Thun for their support with regard to data collection. 1 1 Introduction This paper contributes to the understanding of investor reactions to errors 1 established in the German enforcement system. Early evidence for this ‘name and shame’ mechanism, which is based on adverse disclosure as a deterrent, has been provided by Hitz et al. (2012). Their results provide initial evidence that this capitalmarket-based compliance mechanism works in the German set-up, against the conventional wisdom that the governance role of the capital market is less pronounced than in other countries (Hope, 2003; Leuz and Wüstemann, 2004; La Porta et al., 2006). Our intention in conducting a differentiated replication (Salterio, 2014) of the study by Hitz et al. (2012) is to review the existence of the ‘name and shame’ mechanism and its determinants. We therefore extend the aforementioned study by investigating investor reactions for a comprehensive sample of established errors between 2006 and 2013 in a short-window event study design.2 Determinants of investor reactions are provided by multivariate regression analyses. Besides expanding the investigation period – which allows investigating potential differences in investor reactions over time – we contribute to the understanding of factors determining the ‘name and shame’ mechanism by further assessing error announcements from a both qualitative and quantitative perspective. The positive impact of enforcement on accounting quality, according to prior research, is current conventional wisdom.3 The quality of national enforcement mechanisms determines the economic consequences of (mandatory) IFRS adoption, e.g., cost of capital, stock liquidity (Daske et al., 2008) or analyst forecast accuracy (Preiato et al., 2013). A more recent study by Christensen et al. (2013) provides evidence that economic consequences observed by cross-country studies are driven by countries that have made substantive changes to their enforcement mechanisms around mandatory IFRS adoption, such as Germany. However, they also find comparable results for countries solely making substantive changes to enforcement mechanisms, concluding that it is the implementation of enforcement that really matters. Additional determinants of accounting quality on a national level are the governance system, the legal system or the degree of investor 1 We simultaneously use the term “error” for financial misreporting or accounting malfeasance. First error announcement to be found was published on February 3, 2006. However, FREP already started investigating financial statements in the second half of 2005 after being jointly recognized by the Federal Ministry of Finance and the Federal Ministry of Justice on March 30, 2005. For the remainder of this paper we therefore refer to the period between 2006 and 2013. 3 It is noteworthy that enforcement quality cannot be easily measured directly (Hope, 2003). Thus, research approximates enforcement quality e.g. via the level of investor protection or efficiency of the judicial system (La Porta et al., 1998). More recent studies that focus on the enforcement of securities assess public enforcement (La Porta et al., 2006; Jackson and Roe, 2009) or combine enforcement and audit measures (Hope, 2003; Preiato et al., 2013; Brown et al., 2014). 2 2 protection (Dechow et al., 1996; Ball et al., 2000; Burgstahler et al., 2006; Bushman and Piotroski, 2006). Those are complemented by firm characteristics such as accounting resources or the presence of opportunistic motives (Dechow et al., 1996; Beneish, 1999; Ernstberger et al., 2012b). Investigating a single-country setting is of particular interest as enforcement systems differ significantly across the world with regard to institutional infrastructures and financial reporting regulation (Leuz, 2010). The German enforcement system consists of a private review panel and a federal agency and is the role model for two-tiered enforcement systems (Hoffmann and Höltken, 2014). The Financial Reporting Enforcement Panel (FREP, Deutsche Prüfstelle für Rechnungslegung) as first tier was established in 2004 and has been conducting investigations since 2005. FREP enforces accounting compliance within International Financial Reporting Standards (IFRS) financial statements on a cooperative basis for firms that are listed on a regulated market in Germany.4 The two-tiered enforcement system is complemented by the German securities regulator BaFin (Bundesanstalt für Finanzdienstleistungsaufsicht) as second tier. BaFin has executive powers to enforce cooperation and obliges firms to disclose errors that have been established within the investigation process. Overall, the implementation of the two-tier enforcement system was but one reaction to the so-called ‘IAS Regulation’ (EC No. 1606/2002), at first requiring listed firms to prepare financial statements in compliance with IFRS. Furthermore, the regulation mandates all EU member states to implement effective enforcement mechanisms that ensure the faithful and consistent application of IFRS. In contrast to the predecessor study by Hitz et al. (2012), we do not find unambiguous evidence of investor reactions to error announcements published in the federal gazette (Bundesanzeiger). While trading volume and bid-ask spread metrics partially exhibit pronounced statistical significance in line with our predictions, cumulative abnormal returns provide a mixed picture, with some evidence of information leakage one day prior the error announcements. Partitioning the sample in two periods 2006-2009 and 2010-2013 emphasizes that weak investor reactions are mainly driven by the second period, which does not yield significant impact on stock prices. However, we cannot attribute this phenomenon to a change of investor perception over time, but rather subsample-inherent differences of possible drivers of investor reactions, as e.g. a decline in profitability impact, legal-entity related accounting errors, and financial leverage of the respective companies. Additionally supporting this line of reasoning, we find strong evidence of error induced changes to profitability 4 However, enforcement does not solely ensure IFRS compliance but also compliance with principles for orderly accounting (Mattheus and Schwab, 2004). Therefore, legal entity accounts are subject to investigations by the enforcement bodies, too. 3 and financial leverage being the main drivers of the magnitude of investor reactions, whereas error announcements that affect companies’ core earnings yield significantly attenuated results. We suppose that the prevailing difference of our study’s results compared to more pronounced empirical evidence for the US is arguably driven by less severe error announcements in the German enforcement setting, either with regard to the companies’ financials or expected penalty charges. However, ‘the US appears to be a major outlier when it comes to enforcement’ (Leuz, 2010). We emphasize that inferences on the intended sanctioning function can only be drawn from the investigated short-term market reactions, however leaving out an array of other potential sanctioning channels as e.g. management or auditor turnover in the aftermath of error announcements. The remainder of this paper is structured as follows: In Section 2, we briefly sketch the institutional background of European and German enforcement activities. Thereafter we highlight relevant prior research and derive our hypotheses. Section 4 outlines the methodological approach and provides the deduction of our empirical expectations. Finally, we present and discuss our results in Section 5 and provide various sensitivity analyses before concluding in Section 6. 2 2.1 The German Enforcement System Characteristics, Institutions and Adverse Disclosure Financial reporting in the EU is inter alia regulated by the so-called ‘IAS Regulation’ (EC No. 1606/2002) in order to ensure a high level of comparability and transparency.This leads to two main consequences for listed firms and EU member states since 2005: First, firms are required to prepare their financial statements under IFRS (‘IAS Regulation’, recital 2). Second, European member states are required to install and maintain an effective enforcement mechanism to ensure accounting compliance (‘IAS Regulation’, recital 16). Further guidance on the implementation of national enforcement mechanisms is provided by CESR ‘Standard No. 1 on Financial Information: Enforcement of Standards on Financial Information in Europe’, which provides minimum requirements for effective enforcement mechanisms (CESR, 2003).5 Consequently, it lies within the sphere of each member state to implement a national enforcement mechanism. 5 ESMA, based on the enforcement experience accumulated since 2005, performed a review of the principles outlined in CESR Standards No. 1 and No. 2 (CESR, 2004). Against the background of this review, ESMA published a consultation paper proposing an enhanced set of guidelines. In 2014, based on the received feedback, ESMA published the final report with positive feedback on common enforcement activities and methodologies (ESMA, 2014a). 4 Reviews of implementation practices have outlined that the common approach of enforcement is characterized by heterogeneity (Berger, 2010; Leuz, 2010; Brown et al., 2014). This is not surprising, since CESR’s requirements are not legally binding and therefore allow EU member states to implement enforcement mechanisms in consideration of national circumstances. The annual report published by the ESMA on the ‘Activities of the IFRS Enforcers in Europe in 2013’ shows that all member states have implemented the required enforcement mechanism (ESMA, 2014b). According to this report, European enforcers reviewed approximately 1,900 financial statements and took some 500 enforcement actions in this year. Thus, the error rate at European level for 2013 is about 26%.6 It is noteworthy that most of the material misstatements were stated in the following fields: impairment of non-financial assets, recognition and measurement of deferred tax assets, distinction between a change in an accounting policy and a change in accounting estimates, and recognition of financial liabilities. All of these issues refer to IFRS which are conventionally labeled as complex and/or require the use of professional judgment. In light of the aforementioned European developments, the German enforcement system prior to 2004 had to be reformed. Preceding the hereinafter-mentioned reforms, the German financial statement oversight was constituted by statutory audits and court decisions. The Bilanzkontrollgesetz (BilKoG – Accounting Enforcement Act), implementing the requirements of the ‘IAS Regulation’ in consideration of the CESR Standard No. 1 guidance, was introduced in the course of a major three-stage financial reporting regulation reform.7 With regard to the enforcement of financial information a two-tier external enforcement mechanism, consisting of a private review panel and a federal agency, was established in 2005. As the German enforcement system has been subject to several recent studies (cf. Ernstberger et al., 2012a and 2012b; Hitz et al., 2012; Strohmenger, 2014; Böcking et al., 2015), we limit our remarks to the most essential information that is relevant for this paper and refer to the aforementioned papers for more detailed depictions of the structure, the investigation procedures, and the underlying sanctioning mechanism of the German enforcement system. The Financial Reporting Enforcement Panel (FREP) as the private body and the Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin) as the federal agency constitute the two-tier structure of the German 6 According to ESMA’s annual enforcement reports (2009-2013), the error rate at European level varies around 30% (2013: 26%; 2012: 25%; 2011: 30%; 2010: 37%; 2009: 35%) and has decreased significantly within the last two years. 7 The Bilanzkontrollgesetz complements the Abschlussprüferaufsichtsgesetz (APAG – Auditor Oversight Law) and the Bilanzrechtsreformgesetz (BilReG – Accounting Law Reform Act). The APAG introduced a private oversight body with regard to statutory audits whereas the BilReG modified previous regulations on auditors’ independence (Ernstberger et al., 2012a). 5 enforcement system. This characterizing and unique feature combines the flexibility of the cooperative assessment in private enforcement with the regulatory authority of a federal agency. 8 FREP conducts investigations on most recent financial reports (single entity and consolidated financial statements) and management reports either following referrals (reactive; investigation of a single accounting issue suspected to be erroneous) or through systematic sampling (proactive; broader approach investigating several accounting issues). In case of non-cooperation by the firm under investigation or disagreement on FREP’s findings the investigation is handed over to BaFin. BaFin has the necessary executive powers to enforce cooperation and, moreover, is capable to enforce the disclosure of error findings. Whenever erroneous financial accounting is established by one of the two enforcement bodies, BaFin requires the respective firm to disclose established errors. In case the firm agrees with the enforcement bodies, errors have to be disclosed through a press release in the electronic platform of the federal gazette (Bundesanzeiger) and, additionally, have to be made public in at least two daily financial newspapers9 or an electronic information provider. Firms are required to give insights into the nature and magnitude of the errors established, cite the relevant accounting norm and the responsible enforcement body. Given the fact that firms independently phrase their error announcements, the information provided varies widely. However, firms are required to not trivialize or disguise the nature or impact of the established error. On an overall basis, the German enforcement mechanism ‘is based on the notion of adverse disclosure effects’ (Hitz et al., 2012) and is preventive in nature (Berger, 2010). Established errors can arise in respect of recognizing, measuring, presenting or disclosing facts in financial statements. Nevertheless, the enforcement bodies solely establish and enforce publication of errors, but cannot enforce restatements of financial statements. Thus, German legal concept intends management to be responsible for corrections in prior financial statements (Mattheus and Schwab, 2004). Accordingly, errors have to be retrospectively restated in accordance with IAS 8 to the extent that it is impracticable to determine either the period-specific effects or the cumulative effect of the error. 8 In 2013, Austria also implemented a two-tier enforcement system. The Austrian Financial Reporting Enforcement Panel (AFREP) started investigations in the second half of 2014. By now, there are first indications that both enforcement processes are comparable in the broadest sense, although analysis of the legal foundations provides evidence that there might be substantial differences with regard to investigational responsibilities (Hoffmann and Höltken, 2014). This has been supported by outcomes from the first investigations by AFREP and FMA (Austrian Financial Market Authority). 9 As the Financial Times Deutschland was issued for the last time in December 2012, the number has been reduced from three (Hitz et al., 2012, p. 258) to two ever since. To our knowledge, Handelsblatt and Börsenzeitung are currently the only relevant daily financial newspapers. 6 2.2 The Role of Professional Judgment Since 2005, FREP has been conducting more than a hundred investigations each year on average. Proactive assessments (random- and risk-based sampling) account for 88% of all investigations performed (see Table 1 for a comprehensive overview). In recent years, we observe a substantial decline in the error rate from over 20% to some 15%. In light of the aforementioned European error rate, varying around 30%, this seems to be a welcome development. Still, by consideration of the multi-year period, more than one out of five financial statements is classified as erroneous. A possible explanation for the observed decrease could be seen in learning effects of companies facing a second or third investigation with regard to IFRS application or the examination approach by FREP. Also, increased topical attention on executive management or supervisory (audit committee) level, and related discussions between preparers and audit firms might be further drivers of this trend. Moreover, changes in the population subject to enforcement due to regular delisting, withdrawal from the regulated market or M&A activities could be valid explanations (FREP, 2014). == Insert Table 1 here == On a more general level, the observed magnitude of error findings is regularly attributed by FREP to the ‘comprehensiveness and application challenges of certain IFRS’ and the ‘insufficient reporting in the notes and the management report’ (FREP, 2014). Application challenges are often linked to the fact that IFRS are principles-based, which means that issuers and auditors cannot follow detailed application guidance but have to adapt general principles to specific situations (Ball, 2006; Plumlee and Yohn, 2010). This often also involves the application of professional judgment with regard to determining key assumptions or assessing future developments (Schipper, 2003; Carmona and Trombetta, 2008). Representative examples of errors related to professional judgment include inter alia: determining future cash flows or growth rates for the purpose of impairment of non-financial assets, recognizing and measuring subsequently deferred tax assets or determining the fair value of financial instruments. What is common to all of these is that they provide relevant information, but ‘some of such estimates have low reliability’ (Nobes, 2005). The lack of reliability might be mitigated through effective enforcement. Hence, it does not surprise that ‘business combinations and impairment of nonfinancial assets’ (73 error findings), ‘income taxes’ (30 error findings) and ‘financial instruments’ (59 error findings) are not only regular enforcement priorities defined by FREP but also top-5-error types of all errors 7 established during 2006-2013. Top-5-errors are complemented by issues related to the ‘presentation of the financial statement’ (40 error findings) and the ‘statement of cash flows’ (26 error findings). 10 3 3.1 Previous Research and Hypotheses Development Previous Research There is a multiplicity of empirical studies investigating different enforcement mechanisms all over the world. However, most research has been conducted on SEC’s enforcement actions in the US whereas research on European enforcement is scarcely growing (cf. Höltken and Ebner, 2015, for a systematic overview). Enforcement of accounting standards is considered as but one of various factors that determine accounting quality and accounting standards compliance. Various cross-country studies (La Porta, 1998; Hope, 2003; Leuz et al., 2003) classify Germany as relatively weak in terms of broad enforcement quality. Nevertheless, those studies have in common that they refer to the prevailing enforcement system in Germany before 2005, which is mainly characterized by low investor protection. Thus, these studies do not take into account the current accounting enforcement system. In contrast, the enforcement indicator constructed by Preiato et al. (2013), measuring enforcement in the light of the implementation of CESR Standard No. 1’s criteria by each EU member state, considers the changes made to the German enforcement system and ranks Germany second in terms of compliance. In the light of this finding one must acknowledge that the German financial reporting oversight has changed significantly due to the implementation of the two-tier enforcement mechanism (also Brown et al., 2014). Looking at the first years of German enforcement, Hitz et al. (2012) provide initial evidence for the existence of the ‘name and shame’ mechanism by showing that investors seem to react negatively to error announcements. Hence, their results are in line with the literature examining adverse investor reactions following disclosure of SEC-induced enforcement releases (Feroz et al., 1991; Nourayi, 1994; Dechow et al., 1996; Beneish, 1999; Anderson and Yohn, 2002; GAO, 2002; Richardson et al., 2002; Hribar and Jenkins, 2004; Palmrose et al., 2004; Callen et al., 2006; Karpoff et al., 2009; Plumlee and Yohn, 2010). In addition, the likelihood of material errors in German IFRS financial statements is positively associated with the presence of 10 We note that several other studies have descriptively analyzed the number and proportion of error announcements by FREP over different periods (inter alia Ernstberger et al., 2012b). Differences in numbers or proportions might result from different classifications. 8 opportunistic motives and low-quality governance mechanisms (Ernstberger et al., 2012b; Böcking et al., 2015). Those findings are in line with prior US-based research, too, finding determinant factors for accounting noncompliance including low governance quality (Dechow et al., 1996), opportunistic (Dechow et al., 1996; Beneish, 1999) or fraudulent motives (Palmrose et al., 2004; Swanson et al., 2007). 3.2 Hypotheses Development Investigating the first years of German enforcement, prior research has shown that adverse disclosure yields marginally negative market reactions for the German enforcement system (Hitz et al., 2012). By extending the investigation period and investigating additional determinants, our study contributes to the growing capitalmarket-based evidence for the German enforcement system. We therefore analyze the impact of both quantitative and qualitative criteria of the respective error announcements on investor reactions. As a follow-up to this, we also investigate potential changes of investor reactions over time. Investor reactions to error announcements Enforcement of financial reporting aims to ensure consistent and faithful application of accounting standards. Established errors are therefore unambiguous indicators of corporate governance failure as both preparer and auditor infringed their duty of correct financial reporting (Desai et al., 2006). This is ominous since corporate governance mechanisms are established to guarantee the conformity of managerial actions and shareholders’ interests (Shleifer and Vishny, 1997). Under the notion of adverse disclosure, managers are penalized via disclosure of material accounting errors. In this context, managers are supposed to be deterred a priori to violate accounting standards. In addition, managers are penalized a posteriori via negative investor reactions. Error announcements are new information to capital market participants giving reason to adverse investor reactions. Hence, the publication of an error announcement has a negative effect on market value if investors revise their assumptions on future cash flows or (residual) earnings taking into account the firm’s level of uncertainty. For example, a restatement of income that results in a downward revision of a firm’s future cash flows can have a negative market value effect (Feroz et al., 1991, p. 122; Palmrose et al., 2004, p. 63; Callen et al., 2006a, p. 57). Error announcements can also increase information risk measured by an increase in cost of capital (Hribar and Jenkins, 2004, p. 338). We therefore reassess the first hypothesis by Hitz et al. (2012) to 9 confirm the general interdependence between error announcements and investor reactions for the extended time period: H1: Investors react negatively to error announcements. Quantitative impact of error announcements Furthermore, we investigate the quantitative and qualitative determinants of investor reactions to error announcements. Prior research finds that the magnitude of investor reactions is determined by various factors, e.g. the persistence of restatements (Palmrose et al., 2004), the materiality of restatements (Feroz et al., 1991; Palmrose et al., 2004; Plumlee and Yohn, 2010) or restatements’ effect on cash or accruals (Callen et al., 2006). With respect to the materiality of restatements, studies regularly refer to restatements’ impact on net income or core earnings (Palmrose et al., 2004; Plumlee and Yohn, 2010). In order to approximate the association between error characteristics and investor reactions, we use different aspects of error announcements including the number of errors established and the quantitative impact on both profitability and financial leverage. Beyond those, we identify the risk of legal litigation and the firms’ general attitude to cooperation within the enforcement process, indicating the level of accounting compliance, as further determinants of the magnitude of investor reactions within the German enforcement system. All of these characteristics are used by Hitz et al. (2012), too. As second hypothesis, we therefore propose a positive association between impact on profitability and financial leverage, number of errors, risk of legal litigation, lack of compliance attitude, and the magnitude of investor reactions: H2: The magnitude of investor reactions to an error announcement is determined by error severity. Qualitative impact of error announcements Prior research provides evidence that distinguishing the content of restatements in accordance with qualitative criteria strengthens the explanatory power of empirical studies. The study by Palmrose et al. (2004) was the first to highlight the importance of distinguishing between intentional and unintentional restatements when examining related investor reactions. On this basis, Hennes et al. (2008) provide evidence that this distinction aids the understanding of deliberate misreporting. Both studies focus on publicly announced restatements. Conversely, Plumlee and Yohn (2010) use a larger sample by including restatements that are not only announced via 8-K 10 reports but can be derived from other publicly available information. Additionally, the authors do not simply distinguish between intentional and unintentional errors but between internal company errors, intentional manipulation, transaction complexity, and some characteristics of the respective accounting standard that has been violated. Concerning the latter, they identify three types of contributing factors: (1) the lack of clarity in the standard and/or the proliferation of literature because the original standard lacks clarity; (2) the use of professional judgment in applying the standard; and (3) complications in applying detailed rules. 11 Hence, these approaches encourage us to examine the qualitative nature of error announcements, too. For our third hypothesis, we thus consider information provided by error announcements with respect to the income statement. Prior research has shown that restatements yield higher investor reactions if they affect core earnings (Palmrose et al., 2004). This is based on the assumption that core earnings indicate the companies’ long-run earnings ability (Penman, 2007). Research based upon earnings-response coefficients indicates that the market is more surprised by information related to ongoing operating income than to one-time (special) income (Strong and Meyer, 1987; Elliot et al., 1988; Elliot and Hanna, 1996). More recent research provides evidence that ‘investors regard restatements of core accounts as more serious’ (Palmrose and Scholz, 2004). We thus expect investor reactions to be positively associated with errors affecting core income: H3a: Error announcements affecting core income yield more severe investor reactions. As outlined in section two, applying principles-based accounting standards regularly involves the use of professional judgment by preparers, auditors, and regulators. Prior research has shown that investors are more concerned about management integrity than technical accounting issues (Palmrose et al., 2004). However, Plumlee and Yohn (2010) provide evidence that accounting standard complexity is but one major driver of erroneous financial reporting. The restatements of the Plumlee and Yohn study are attributed to the lack of clarity in the respective accounting standard, but almost 40% are related to the use of professional judgment in applying the standard. Nevertheless, they cannot find evidence for more negative impact on reported income. We argue that the establishment of an error related to professional judgment also indicates a lack of management integrity. Conversely, following the distinction made by Plumlee and Yohn (2010), errors related to non-professional judgment rules are attributed to the lack of clarity or complications in applying the respective 11 For detailed explanations regarding the distinction between the four main categories and the contributing factors to the characteristics of accounting standards see Plumlee and Yohn (2010), pp. 46-48. Explanatory examples are given in the same article on pages 58-63. 11 accounting standard. Principles-based accounting standards rely on the sufficient experience and expertise of management to exercise professional judgment. Therefore, it is necessary to enforce those (parts of) standards that require the use of professional judgment to secure comparable and consistent application of IFRS. If regulators decide to establish an error after second-guessing management’s judgment, we argue that this is related to a lack of reasonableness of the respective judgments made based on the facts and knowledge available at the time of judgment. Thus, we expect such an error to be associated with more negative investor reactions: H3b: Error announcements related to the misuse of professional judgment yield more severe investor reactions. Differences over time in the impact of error announcements The German enforcement system was simultaneously implemented with the mandatory adoption of IFRS as the single set of accounting standards for financial statements of listed firms. Thus, firms listed on a German stock exchange faced a change from the German Commercial Code (Handelsgesetzbuch), which is mainly influenced by tax regulations to IFRS, aiming to provide information that is useful for investors’ decisions. From the AngloSaxon investor perspective German GAAP, permitting firms to build up hidden reserves, allows too much discretion. In addition, German GAAP are considered not requiring firms to disclose sufficient investor-relevant information (for a detailed outline of these arguments see Leuz and Verrecchia, 2000). Prior research shows that the adoption of IFRS on the quality of financial reporting bears some sideeffects that can be mitigated by enforcement mechanisms. First, previous literature provides evidence for noncompliance with IFRS, especially with regard to disclosure requirements, during the first years of adoption (Verriest et al., 2012; Glaum et al., 2013). Reviewing financial statements for faithful and consistent application of IFRS, FREP does investigate recognition, measurement and disclosure issues. Hence, investigation-related discussions between preparers, auditors, and regulators as well as announced errors should increase the overall disclosure level. We therefore argue that investors attribute disclosure errors during the first years after IFRS adoption (2006-2009), which correspond to the first years of enforcement, to the firms’ adoption process to IFRS whereas disclosure errors after 2009 can be attributed to a lack of integrity. Second, prior literature provides consistent results with regard to an increase in earnings management under IFRS in Germany (van Tendeloo and Vanstraelen, 2005; Callao and Jarne, 2010). Both studies observe an increase in discretionary accruals. Ensuring faithful application of IFRS, an effective enforcement mechanism 12 would identify firms that use earnings management, restrain the respective companies from using earnings management, and thus decrease the overall level of earnings management. With regard to the German enforcement system the identification process seems to be efficient but cannot restrain firms from using earnings management (Böcking et al., 2015). Further evidence indicates that managers do not solely use professional judgment to manage earnings but use the lack of clarity in the standard to do so (Plumlee and Yohn, 2010). We argue that lack of clarity in the standards especially suffers within the first years of IFRS application due to proliferation of different views in literature; the proliferation decreases over time due to the consolidation of a prevailing opinion, thereby reducing lack of clarity. All in all, we argue that investor reactions increase over time: H4: Investor reactions to error announcements become more severe over time. 4 4.1 Methodology Market Reaction Tests We conduct an event study in order to investigate the change in selected capital-market properties due to error announcements in the German enforcement system. We focus on the effect on stock prices, trading volumes, and bid-ask spreads within event windows of one, three and five trading days, with the center of the event window being the date of the error announcement published in the federal gazette (see Hitz et al., 2012, p. 263, for further fundamentals on measuring investor reactions). Cumulative abnormal returns are calculated as the sum of daily abnormal returns in the respective event window; abnormal returns in turn are defined as the difference between actual stock returns and expected stock returns. We compute the latter with a stock-specific market model (MacKinlay, 1997) and regress daily stock returns on daily returns of a weighted index of all German companies with equity listing on the regulated market (CDAX).12 Since the CDAX comprises exactly the population from which our sample companies are drawn, we regard it as the appropriate market proxy. The estimation period is 150 trading days prior to the event window. 12 In order to incorporate valuation effects due to dividend payments, we use continuously compounded prices of company stocks and CDAX for estimating and calculating abnormal returns. While Hitz et al. (2012) employ an equally-weighted market portfolio due to a more pronounced correlation of the single stock and market returns (see Hitz et al., 2012, Fn. 4), we follow the conventional approach by using a value-weighted index (see e.g. Dechow et al., 1996, and Karpoff et al., 2008). 13 Cumulative abnormal trading volumes are similarly computed as cumulative abnormal returns, with expected trading volume being the mean daily trading volume of the 150 days that precede the event window (Bamber, 1987). We pay attention to institutional and inside ownership by using the concept of relative trading volume throughout our analyses. We therefore scale the number of daily traded shares with the number of daily outstanding shares that are not closely held. The average abnormal bid-ask spread is the mean of daily abnormal bid-ask spreads. We define abnormal bid-ask spread as the difference between actual bid-ask spread and expected bid-ask spread, whereas the latter is a linear function of stock price and trading volume at the same day. The abnormal bid-ask spread can therefore be interpreted as the residual which cannot be explained by the independent variables stock price and trading volume (Dechow et al., 1996). We do not use absolute values, but the natural logarithm of each capital market property in our regressions. In line with the calculations of return and trading volume measures, we employ a 150-day estimation window to compute the regression coefficients. 4.2 Multivariate Regression Model Since all of our hypotheses, with the exception of the first, deal with the impact of selected factors on capital market reactions, we employ multivariate regression analyses to test them. We use the three-day cumulative abnormal return13 as dependent variable and various sets of regressors as explanatory variables. While we also calculate reduced specifications similar to those of Hitz et al. (2012) for the sake of comparability, we use the following extended model to investigate the hypotheses named above: 𝐶𝐴𝑅 = 𝛽0 + 𝛽1 𝐷𝐸𝐿𝑇𝐴𝑅𝑂𝐸 + 𝛽2 𝐷𝐸𝐿𝑇𝐴𝐹𝐼𝑁𝐿𝐸𝑉 + 𝛽3 𝑁𝑈𝑀𝐵𝐸𝑅𝑅𝑂𝑅𝑆 + 𝛽4 𝐿𝐸𝐺𝐴𝐿 + 𝛽5 𝐵𝐴𝐹𝐼𝑁 + 𝛽6 𝐶𝑂𝑅𝐸 + 𝛽7 𝑃𝑅𝑂𝐹𝐽𝑈𝐷𝐺 + 𝛽8 𝐸𝐴𝑅𝐿𝑌 + 𝑐𝑜𝑛𝑡𝑟𝑜𝑙 𝑣𝑎𝑟𝑖𝑎𝑏𝑙𝑒𝑠 + 𝜀 (1) Table 2 provides a comprehensive overview on variables employed, definitions, and data sources. The first five regressors DELTAROE, DELTAFINLEV, NUMBERRORS, LEGAL and BAFIN have already been applied by Hitz et al. (2012) as variables of interest. In contrast to their study, we do not aggregate the first three 13 We choose the non-winsorized three-day cumulative abnormal returns as dependent variable for the following reasons: Since it is also used by Hitz et al. (2012), our study design and in turn our findings are at least to some extent comparable to their study. Additionally, it appears to be a good compromise between catching potential investor reactions prior to and in the aftermath of error announcements and concentrating the event window to reduce potential noise of simultaneous confounding events that have not been eliminated despite our thorough sample adjustment process. Moreover, the three-day event window exhibits a pronounced stock price decline and level of statistical significance. 14 variables to the compound measure ERROR SEVERITY, since we notice that the impact on profitability and financial leverage is negatively correlated with the number of errors (see table 4), consequently a principal component analysis does not seem appropriate for our dataset. Furthermore, our approach displays the immediate association between the financial impact of accounting errors and the respective capital market reactions, which provides the reader with to date unpublished information. The three variables are defined as follows: DELTAROE assesses the errors’ impact on return on equity, whereas DELTAFINLEV assesses the errors’ impact on financial leverage; both variables are denoted in percentage points. NUMBERRORS is the number of errors which are contained in the respective error announcement. Following Hitz et al (2012), we regard the three variables as indicators of error severity and therefore propose a negative association with investor reactions, i.e. an enhancing effect on stock price declines. The binary variable LEGAL assesses whether an error announcement relates to legal entity accounts, which are the basis of tax and dividend payments in Germany. As a consequence, accounting errors in legal entity accounts can yield lawsuits which might result in corresponding outflows of resources (Leuz, 2010; Hitz et al., 2012). Therefore, we expect those error announcements to yield a more pronounced stock price decline. The same holds for error announcements that have been published on behalf of the securities regulator BaFin (BAFIN), which we also regard as a proxy of negative compliance within the enforcement process. To investigate hypothesis H3a, we introduce the binary variable CORE which we code as one if the error announcement affects the company’s core earnings. Following the definition of core earnings of Palmrose et al. (2004, p. 65) and Penman (2007, p. 415 f.), CORE takes the value of one if the error announcement includes corrections of revenue, cost of sales, or ongoing operating expenses. Conversely, this means that CORE is set zero in case of erroneous accounting of special items, non-operating expenses, and merger-related items. In line with the aforementioned literature, we expect core earnings accounting errors to yield more severe investor reactions. The impact of professional judgment (H3b) is assessed via the binary variable PROFJUDG, which is set one if the error announcement contains information about management’s use of professional judgment that FREP or BaFin do not consider as justifiable interpretation within the legal boundaries. Since this might reflect discretionary accounting choices made by the management, we propose PRODJUDG to have an enhancing effect on stock price declines. In order to investigate a potential effect of time on the severity of capital market reactions (H4), we employ the binary variable EARLY that partitions our sample in the periods 2006-2009 and 15 2010-2013. It is noteworthy that the first interval is the time frame which has also been employed by Hitz et al. (2012). In contrast to all other variables of interest, we expect EARLY to have an attenuating effect on investor reactions. In order to avoid omitted variable bias and to enhance the explanatory power of our regression models, we furthermore include the following control variables in our multivariate regression model. Apart from minor differences, they are the same as those of Hitz et al. (2012) who provide additional theoretical support of their choice of control variables. OPPORTUNISM is the first factor of a principal component analysis which is based on the following three measures: GCGCNumb that measure deviations from the German Corporate Governance Code, a set of best-practices in Corporate Governance; VarComp, which is the ratio of variable to total management compensation; and EM, which we measure as dummy variable according to Jansen et al. (2012). 14 The second compound metric RESOURCES is also derived via principal component analysis, consisting of the following factors: Growth, which we calculate as the 5-year geometric mean in sales growth prior to the erroneous financial statement; IFRSyears, which we consider being more meaningful than the pure stock market listing in the context of enforcement of financial reporting;15 and Complexity, measured as the residual of an industry-specific regression of business segments on firm size. The dummy variable CHANGE takes the value one if there have been fluctuations of either the auditor or top managers between the issuance of the erroneous financial statement and the error announcement, and TIME LAG denotes the number of days between these two dates. SIZE is the natural logarithm of market capitalization at the beginning of the year of the error announcement (in Mio. Euros), LEVERAGE is the ratio of book value of debt to book value of assets, LIQUIDITY denotes the number of days with non-zero returns in the 150-day window prior to the error announcement, and OWNERSHIP measures the proportion of non-closely held shares. == Insert Table 2 here == 14 Contrary to the industry- and firm-specific discretionary accruals model which is employed by Hitz et al. (2012), we opt for this alternative approach since it does not depend on cross-sectional or time-series regressions which in turn demand a certain sample size threshold, but simply relies on firm-specific developments of asset turnover and profit margin for two periods. Keeping in mind that our multivariate regression sample comprises 79 firms from 9 different industries according to SIC codes and extends over 8 years, we consider the model of Jansen et al. (2012) being an interesting alternative of assessing earnings management in this context. The fact that Jansen et al. (2012) find even superior performance in detecting earnings management for this measure compared to performance-adjusted discretionary accruals models additionally encourages us to follow this approach. 15 We argue that a company’s capabilities in consistent and faithful IFRS application are rather determined by its experience in preparing financial statements in accordance with IFRS than the duration of its stock market listing. Recent literature hinting at such learning effects in the course of IFRS application provides additional support for our approach (see Salewski et al., 2014). 16 4.3 Sample Selection Our study is based on a sample of German firms which have been subject to error announcements by FREP or BaFin, starting from 2005 to the end of 2013. Error announcements are obtained from the federal gazette (Bundesanzeiger) and comprise 200 findings for the aforementioned time period. In order to avoid doublecounting, we merge 6 observations of companies that have published single error announcements for both individual and consolidated accounts at the same day. Additional search in Germany’s highest-circulation business newspaper and stock exchange gazette Handelsblatt confirms these results, as well as research in the Börsenzeitung, a prestigious German newspaper that reports exclusively about financial markets. Based on this starting point, we conduct the following adjustments in order to avoid potential biases in our results. We exclude 20 companies that are not headquartered in Germany and 7 companies that have only issued bonds. Since we aim to assess investor reactions for the very first publication of the error announcement we exclude 15 observations that are redundant information of prior announcements. 53 observations must be deleted due to pre-publication of the error announcements in the Handelsblatt, Börsenzeitung or online news agencies, and 11 observations as a result of missing return data in Datastream. We additionally exclude 3 (12, 18) observations from further analyses since the respective companies are subject to company-specific confounding events for the [0] ([-1;1],[-2;2]) event window, which leaves us with 88 (79, 73) companies in the final sample. 5 5.1 Results Data, Descriptive Statistics and Correlations We collect the data for the variables in the multivariate regression model from the corresponding error announcements and financial reports. Due to occasional constraints of data availability for financial reports prior to 2006 we supplement the missing values with data from Datastream. We also use Datastream to obtain the data for our capital market metrics. Table 3 displays the descriptive statistics of the explanatory variables for all observations of the multivariate regression analysis. The average profitability impact of error announcements is -24.5%, whereas the average impact on financial leverage is 3.7%; furthermore, error announcements consist of 4.1 single errors on average. 12.7% of the error announcements address accounting malfeasance in the companies’ legal entity 17 accounts, 20.3% are released by the BaFin, and 38.0% comprise erroneous figures of the companies’ core earnings. In 48.1% of the error announcement we find evidence of professional judgment, and 59.5% have been published prior to 12/31/2009. The average sample company violates against 8.7 numbers of the GCGC, offers its managers variable compensation of some 30% and applies IFRS for 3.6 years. The average time lag and firm size are a bit smaller than those of Hitz et al. (2012)’s sample; the financial leverage (67.1%) is more than twice their number.By partitioning the sample in the years 2006-2009 and 2010-2013, as shown in Table 3, Panels B gives an indication of how the characteristics of companies with erroneous financial statements have evolved over time. While most of the variables do not exhibit material changes, the following exemptions are statistically significant: The median of DELTAROE decreased (z-statistic of -1.90), while the mean of NUMBERRORS declined from 4.75 to 3.06 (t-statistic of -1.95). The same holds for the mean of LEGAL, which decreased from 0.191 to 0.031 (t-statistic of -2.14). The increase of BAFIN and the decrease of PROFJUDG are only close to conventional levels of significance (t-statistics of 1.44 and -1.56, respectively). Turning to the control variables, IFRSyears significantly increased over time, as is logical, as well as the mean of LEVERAGE. == Insert Table 3 here == Table 4 shows the matrix for both Pearson’s and Spearman’s bivariate measures of correlation. TIME LAG and BAFIN are positively correlated, which makes sense given the review procedure in the German enforcement system. The correlation of SIZE and LIQUIDITY is also in line with expectations; furthermore, there is a strong association between CORE and PROFJUDG. Finally, OPPORTUNISM exhibits a strong negative correlation with SIZE and LIQUIDITY, as well as the pair of PROFJUDG and DELTAFINLEV. Apart from the named correlations, all associations are below the threshold of 0.4, thus we do not regard collinearity as a matter for our dataset. == Insert Table 4 here == 5.2 Market Reaction Findings Table 5 (Panel A) reports the results of market reactions to error announcements of FREP/BaFin. It is noteworthy that the mean cumulative abnormal return at the event date is positive (0.58%), while the median is slightly negative (-0.04%); both numbers lack any statistical significance. While the same holds for the five-day event window (mean: 0.60%; median: -0.30%), the stock price decline of the three-day event window (mean: - 18 0.69%; median: -0.57%) is quite close to conventional levels of statistical significance or even significant (pvalue of 0.17 and 0.08, respectively). == Insert Table 5 here == In line with Hitz et al. (2012), our study confirms that the magnitude of stock price decline in the event windows is much less pronounced than in previous US studies which measure cumulative abnormal returns of up to -20.2% (Beneish, 1999), -10.0% (Feroz et al., 1991) and -9.2% (Hribar and Jenkins, 2004), to name but a few. However, this comparison might be misleading according to the institutional differences between the US and Germany as shown by Leuz (2010). In compliance with his analysis, Germany is labeled as a relationship-based financial system that relies on close ‘insider relationships’ with privileged access to information. In this context, Hitz et al. (2012) argue that possible drivers of the weak stock returns in the German setting are information leakage (a similar phenomenon can be observed in the US, cf. Hribar and Jenkins, 2004), a weaker litigation environment and an attenuated negative signaling character of error announcements, presumably due to a higher frequency compared to the number of examinations and unintentional errors. The latter are regarded as a result of the recent IFRS adoption in Germany in 2005 and the lack of pre clearance until 2009. We tackle this argumentation in our multivariate regression analysis. Apart from the prevailing difference to US study results, our findings are quite striking in comparison to the predecessor study by Hitz et al. (2012) who find statistically significant stock price declines for the one- and three-day event window (mean: -1.15%; median: -1.67%). By partitioning our sample in two periods (2006-2009 and 2010-2013, see Table 5, Panels B and C), we investigate whether the results of the first period are comparable to the study of Hitz et al. (2012). Indeed our findings exhibit comparably strong capital market reactions in the period 2006-2009 for the [-1;1] event window (mean: -1.05%; median: -0.83%), which are very close to significance (mean) or significant at the 5% level (median). In contrast, the observations of the period 2010-2013 yield consistently insignificant results and even a positive median of cumulative abnormal returns in [-1;1]. Notwithstanding this, we obtain deviating findings even in the period 2006-2009 in comparison to Hitz et al. (2012), which might be the result of a slightly different methodology of calculating abnormal returns.16 In summary, our results highlight the sensitivity of the findings to a slightly different methodology and dataset. 16 While Hitz et al. (2012) use an equally-weighted market portfolio, we employ the CDAX total return index which weights the stocks according to the market capitalization of the included listed companies. Furthermore it 19 While we do not find any changes in the mean cumulative abnormal trading volume, the median abnormal trading volume at the day of the error announcement is significantly negative (p-value: 0.01). Partially congruent with these findings, the mean (median) average bid-ask spread is significantly positive for the threeand five-day event windows (all three event windows). Contrary to the trading volume metrics, which become more pronounced over time, while still lacking any significant mean in both periods, the bid-ask spread metrics indicate highly significant results in the period 2006-2009, in contrast to the subsequent four years. These results are mainly in line with the findings of Hitz et al. (2012), who also provide evidence for a decrease in trading activities, arguably as a result of increased investor uncertainty. In the bottom line we find weak support for our first hypothesis of negative investor reactions to error announcements. However we emphasize that these results are mainly driven by the observations of the sample years 2006-2009 which are also the basis of Hitz et al. (2012)’s study. While the latter infer empirical evidence for the postulated sanctioning function of the German enforcement system from their findings, we can only partially support this statement. 5.3 Multivariate Regression Analyses Table 6 shows the results of the multivariate regression analyses. We estimate the following six different models: Model 1.1 is similar to the basic model of Hitz et al. (2012) and explains cumulative abnormal returns by the factors DELTAROE, DELTAFINLEV, NUMBERRORS, LEGAL and BAFIN, extended by control variables in model 1.2. In line with our predictions from section 4.2 we find a highly significant negative coefficient of DELTAROE and DELTAFINLEV, thereby clearly showing that error announcements with more severe economic impact lead to enhanced stock price declines. Contrary to this finding, NUMBERRORS is significantly positive. While this runs counter to our prediction, Peterson (2012) offers a potential explanation by stating that accounting complexity attenuates investor reactions. In this context, accounting complexity increases with number of errors established. As proposed in the hypotheses development, the coefficient of LEGAL is significantly negative, while BAFIN lacks statistical significance. Going in line with these findings, the disentangling of the compound control variables OPPORTUNISM and RESOURCES in model 1.3 does not lead to materially different results. The explanatory power of the three models is highly significant, nevertheless model 1.3 exhibits a comparably low adjusted R2 of 10.7%. is uncertain whether the sample of Hitz et al. (2012) comprises exactly the same companies as ours, keeping in mind that the adjustment process can also be subject to some degree of discretion and judgment. 20 == Insert Table 6 here == Models 2.1-2.3 contain all variables of interest to test our hypotheses. We can basically confirm the findings of model 1.1, with LEGAL losing some significance, but DELTAFINLEV getting even more significant. Contrary to our prediction that accounting malfeasance of core earnings results in more severe investor reactions (H3a), we take notice of a consistently insignificant coefficient (one-tailed t-Test) of CORE in all of our models. For the two-tailed test, however, the positive coefficient of CORE exhibits statistical significance on the 10% level in the relevant model specifications with control variables. This means that error announcements with information about non-core earnings violations yield a more severe stock price decline. While this finding runs counter to empirical evidence of the US (see Palmrose et al., 2004; Files et al., 2009), we interpret it as a potential bias in information processing of investors, giving current period’s abnormal earnings more weight in the valuation model than future recurring earnings. Our results also highlight the fact that the coefficient of professional judgment is not statistically significant, leading us to reject our hypothesis H3b. One reason for this could be that investors do not view the second-guessing of professional judgment as managerial misuse but as an adjustment to the complexity management faces due to principles-based IFRS (Peterson, 2012). The same holds for the variable EARLY, which is – opposed to our prediction – negative, but only partially statistically significant (model 2.1). This is in line with our findings from section 5.2 that do not support hypothesis H4 of more severe investor reactions over time, but rather the opposite. The insignificant coefficient of EARLY however cautions us to infer a change in investors’ perception of error announcements over time. Since the estimated coefficients of EARLY are more pronounced for the model specifications without control variables, the declined severity of investor reactions over time seems to be rather driven by some of the control variables as e.g. TIME LAG, SIZE, and OWNERSHIP. Except for EARLY, all variables of interest do not materially change when including control variables (models 2.2 and 2.3). It is noteworthy that model 2.1 exhibits a superior adjusted R2 of 23.1%, which is only slightly attenuated for the models 2.2 and 2.3. Consequently, our additional variables of interest arguably improve the statistical fit and explanatory power, compared to the model of Hitz et al. (2012). 21 5.4 Robustness Tests We conduct several robustness tests to validate our results. We test the sensitivity of our capital market metrics by shifting the event windows within the interval [-2;2] compared to the date of the error announcement. Our (untabulated) findings suggest that the abnormal return is significantly negative in [-1] (mean: -0.95%; median: 0.31%), providing us with p-values of 0.03 each. We interpret this finding as evidence of other pre-publication of information using relationship-based communication channels, since all publicly available pre-publication is intended to be eliminated by our thorough sample adjustment process. However it is remarkable that an extension of the event window to [-2;0] and [-3;1] does not yield significant results. Consequently, our findings support the hypothesis of a capital market reaction; however it still appears questionable whether clear empirical evidence of a sanctioning function in the German enforcement system can be inferred from it. Similar to the return measure, the median abnormal trading volume in [-1] is significantly negative, as well as most intervals in the range [-3;2] and the mean in [2]. The latter date is also characterized by a significantly positive median of abnormal bid-ask spreads. Applying different estimation windows of 100 and 200 (instead of 150 as in the original computation, see section 4.1) trading days prior to the error announcement does not have a material impact on the findings of section 5.2, although the findings are slightly attenuated. Moreover, we calculate an alternative measure of abnormal returns, which is simply the difference of company return and market return (Palmrose et al., 2004; Hitz et al., 2012). The results that we gain by this method are even weaker, e.g. the mean abnormal return (-0.72) in [-1] is only slightly significant at the 10% level, while the median is even positive. 6 Conclusion This paper contributes to the growing literature investigating the two-tiered German enforcement system. We investigate determinants of investor reactions to error announcements, thereby providing further evidence on the adverse disclosure mechanism as sole sanctioning function within this setting. Unlike Hitz et al. (2012), we can only partially find significantly negative investor reactions to error announcements published in the federal gazette, while we obtain some indications of private pre-publication. By distinguishing early (2006-2009) and current years (2010-2013) of enforcement we can also provide evidence for more pronounced investor reactions within the early years. Multivariate regression analyses however caution us to clearly infer a changed investor 22 perception of error announcements over time. In line with prior research, we can show that investor reactions are mainly driven by the error announcements’ impact on return on equity and financial leverage. It is however noteworthy that the magnitude of investor reactions and number of single errors are negatively associated, which also holds true for the impact of errors that affect core earnings. Certainly our results do not provide any evidence about the overall effectiveness of the German enforcement system but solely on the effectiveness of the underlying sanctioning mechanism. Still, by using a more detailed assessment of information contained in error announcements we provide further insights on drivers of investor reactions. All in all, partially contrasting prior research, our findings provide only weak support for the existence of the ‘name and shame’ mechanism for the two-tiered German enforcement setting. Nevertheless, a survey by the German Issuer Association (DAI; Deutsches Aktieninstitut) and PricewaterhouseCoopers indicates that companies still fear a loss of reputation due to error announcements (DAI, 2013). 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The Impact of Corporate Governance on IFRS Adoption Choices. European Accounting Review, 22, pp. 39–77. Vishny, R., & Shleifer, A. (1997). A Survey on Corporate Governance. Journal of Finance, 52, pp. 737-783. 28 Appendix Table 1. FREP examinations and errors established (2005-2013) 2005 2006 2007 2008 2009 2010 2011 2012 2013 Total Proportion Total 7 109 135 138 118 118 110 113 110 958 100% Sampling-based 4 98 118 118 103 106 90 110 98 845 88% Indication-based 3 10 15 19 14 8 6 2 6 83 9% Mandatory request by BaFin 0 1 2 1 1 4 14 1 6 30 3% 207 21.61% Examinations by FREP Error findings by FREP/BaFin Total Proportion 2 19 35 37 23 31 27 18 15 28.57% 17.43% 25.93% 26.81% 19.49% 26.27% 24.55% 15.93% 13.64% Notes: Number of examinations and error announcements are taken from the annual activity reports of the FREP (2005-2013). Error findings are published with some time lag and therefore regularly do not correspond with completed examinations stated for the respective year. 29 Table 2. Variable definitions and data sources Panel A Variable Abbreviation Definition Data Source CAR Cumulative abnorman returns are calculated on a stockspecific market model (MacKinlay, 1997) with reference to a weighted index of all firms listed on a regular German market. Datastream Cumulative abnormal trading volume CATV Daily abnormal trading volumes are calculated as the difference of daily trading volume and expected trading volume (Bamber, 1987). Only shares that are not closely held are considered. Datastream Abnormal bid-ask-spread ABAS The abnormal bid-ask spread is measured as the residual which cannot be explained by the independent variables stock price and trading volume (Dechow et al., 1996). Datastream Impact on return-on-equity DELTAROE The difference in return-on-equity is measured on the basis of effects on net income and book value of equity. The difference is calculated as the RoE of the erroneous financial statement minus the RoE of the corrected financial statement according to the error announcement. This means that DELTAROE takes positive values if profitability has been overstated, which can be regarded as a negative signal to equity investors. DELTAROE is assessed in percentage points. Datastream Impact on financial leverage DELTAFINLEV The difference in financial leverage is measured on the basis of effects on both book value of assets and debt. The difference is calculated as the financial leverage (debt/assets) of the corrected financial statement minus the financial leverage of the erroneous financial statement. This means that DELTAFINLEV takes positive values if financial leverage has increased, which can be regarded as a negative signal to equity investors. DELTAFINLEV is assessed in percentage points. Datastream Total numbers of single errors NUMBERRORS Total number of single errors established within one error announcement. handcollected Risk of legal litigation LEGAL Dummy variable that is coded as one if error announcement dircetly affects legal entity accounts. handcollected Involvement of BaFin BAFIN Dummy variable that is coded as one if error is established by BaFin. handcollected Effect on core earnings CORE Dummy variable that is coded as one if error affects current or future core earnings. Core earnings are identified in compliance with Penman (2007). handcollected PROFJUDG Dummy variable that is coded as one if error is established due to second-guessing of professional judgement. handcollected EARLY Dummy variable that is coded as one if error is published in the federal gazette between 2006 and 2009. handcollected Dependent variables Cumulative abnormal returns Variables of interest Employment of professional judgment Effects related to changes over time 30 Table 2. Variable definitions and data sources Panel B Variable Abbreviation Definition Data Source Control variables Quality of corporate governance Number of GCGC violations Proportion of variable compensation Earnings management Resources of firm under investigation Company growth OPPORTUNISM First factor of principal component analysis (PCA). GCGCNumb Listed firms are required to disclose their compliance with the German Corporate Governance Codex (GCGC). Otherwise they have to explain violated requirements. Violations are measured as total numbers of violated requirements. handcollected VarComp German firms are required to disclose different components of executive compensation. The proportion of variable compensation indicates the existence short-term-motivated (opportunistic) motives. handcollected EM Dummy variable that is coded as one in case of (upward or downward) earnings management, following a proposed model of Jansen et al. (2012). Upward earnings management is established if the firm's profit margin increases and asset turnover decreases compared to the prior year (downward earnings management vice versa), furthermore it must not be a reversal of prior year's figures. handcollected RESOURCES First factor of principal component analysis (PCA). Growth Accounting resources are positively associated with a firm's maturity and indicates thus a lack of resources if a firm is in a growth status. Growth is calculated as the five-year geometric mean in sales prior to the error announcement. handcollected Years of IFRS experience IFRSyears The change from German Commercial Code to IFRS was a major change in terms of accounting and disclosure rules for German firms (Leuz and Verecchia, 2000). IFRS knowledge thus increases over time and is measured in absolute years since the firm has adopted IFRS for the first time. handcollected Firm complexity Complexity Firm complexity is measured as the residual of an industryspecific regression of business segments on firm size. handcollected Change in executive management and auditors CHANGE Dummy variable that is coded as one if executive management or auditor was changed between erroneous financial statement and error announcement. handcollected Time that information is available to investors TIME LAG Number of days between balance sheet date and error announcement. handcollected SIZE The firms' size is measured as the natural logarithm of market capitalization at the beginning of the year of the error announcement (in Mio. Euros). Datastream Financial leverage LEVERAGE Financial leverage is calculated as ratio of book value of debt to book value of assets. Datastream Liquidity of equity shares LIQUIDITY The liquidity of firms' shares is measured as the number of days with non-zero returns in the 150-day window prior to the error announcement. Datastream OWNERSHIP Ownership is used as an indicator for the usage of information that is not publicly available. Hence, it is measured as the proportion of non-closely held shares. Datastream Firm size Non-closely held shares 31 Table 3. Descriptive statistics Panel A: 2006-2013 Mean Std. Deviation Lower Quartile Median Upper Quartile N DELTAROE -0.130 1.960 0.000 0.000 0.057 79 DELTAFINLEV 0.038 0.094 0.000 0.000 0.029 79 NUMBERRORS 3.838 1.000 2.000 5.000 79 LEGAL 4.066 0.127 BAFIN 0.203 79 CORE 0.380 79 PROFJUDG 0.481 79 EARLY 0.595 79 Components of OPPORTUNISM GCGCNumb 79 8.651 13.294 0.000 6.000 10.000 79 VarComp 0.301 0.196 0.214 0.301 0.301 79 EM 0.215 79 Components of RESOURCES Growth 8.201 28.981 -5.840 4.680 14.160 79 IFRSyears 3.606 2.861 1.499 3.249 5.003 79 Complexity 0.019 0.939 -0.526 0.019 0.545 79 CHANGE 79 0.494 TIME LAG 600.874 237.647 455.000 543.000 700.000 79 SIZE (non-log definition) 939.878 2607.469 13.743 61.400 725.360 79 LEVERAGE 0.670 0.327 0.543 0.654 0.792 79 OWNERSHIP 45.627 22.455 30.390 45.627 47.700 79 LIQUIDITY 117.625 24.573 104.000 123.000 140.000 79 32 Table 3. Descriptive statistics 2006-2009 Panel B: Difference over time 2010-2013 Difference over time Mean Median Mean Median Mean DELTAROE -0.245 0.000 0.037 0.000 0.282 0.534 0.000 0.057 DELTAFINLEV 0.037 0.000 0.041 0.000 0.005 0.834 0.000 0.785 NUMBERRORS 4.749 3.000 3.063 2.000 -1.687 0.055 -1.000 0.188 LEGAL 0.191 0.031 -0.160 0.036 BAFIN 0.149 0.281 0.132 0.155 CORE 0.426 0.313 -0.113 0.316 PROFJUDG 0.553 0.375 -0.178 0.123 Components of OPPORTUNISM GCGCNumb 8.638 0.032 0.992 1.000 0.628 0.000 0.893 VarComp 0.297 EM 0.234 6.000 0.301 8.670 0.306 7.000 0.301 0.188 p-value 0.009 0.837 -0.047 0.627 Median p-value Components of RESOURCES 7.922 3.980 8.612 6.875 0.690 0.918 2.895 0.968 IFRSyears 2.555 2.000 5.149 4.251 2.594 0.000 2.251 0.000 Complexity -0.003 0.019 0.051 0.019 0.054 0.804 0.000 0.692 0.063 0.587 Growth CHANGE 0.468 0.531 TIME LAG 623.938 581.000 567.000 512.000 -56.938 0.299 -69.000 0.199 SIZE (non-log definition) 767.940 61.166 1192.413 125.018 424.472 0.443 63.852 0.466 LEVERAGE 0.720 0.653 0.596 0.662 -0.125 0.097 0.009 0.542 OWNERSHIP 46.745 45.627 43.984 45.627 -2.761 0.595 0.000 0.605 0.993 0.500 0.753 LIQUIDITY 117.603 123.000 117.656 123.500 0.053 Notes: Panel A shows the descriptive statistics for the years 2006-2013, while Panel B provides a separated analysis for the periods 2006-2009 and 2010-2013. The underlying dataset has been winsorized at the 1st and 99th percentile. The denoted p-values indicate two-tailed statistical significance. 33 Table 4. Correlations (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 0.06 -0.22 -0.07 (11) 0.04 0.06 -0.14 -0.11 -0.07 0.00 -0.01 0.08 0.07 -0.17 0.07 0.23 -0.02 0.16 -0.14 -0.17 0.18 -0.05 0.25 0.35 0.22 0.09 -0.07 -0.01 -0.10 -0.06 0.17 0.24 0.18 -0.01 0.06 0.08 -0.16 -0.12 0.11 0.55 0.11 0.05 -0.16 -0.20 0.18 0.06 -0.15 -0.09 0.01 -0.26 -0.06 -0.11 0.01 0.04 (12) (13) (14) (15) 0.13 -0.02 0.03 0.02 0.02 -0.15 -0.24 0.06 0.11 -0.01 0.20 -0.15 0.17 0.06 -0.14 0.16 0.25 -0.18 0.36 -0.12 -0.09 -0.12 0.47 0.13 -0.15 -0.02 -0.24 0.18 0.09 -0.09 0.10 -0.06 0.21 -0.03 0.12 0.20 -0.07 0.12 -0.09 0.19 0.06 0.00 0.11 -0.60 0.15 -0.19 -0.35 -0.15 0.12 -0.11 -0.11 0.03 0.10 0.01 0.06 -0.19 0.07 0.16 -0.19 -0.27 -0.14 0.07 0.42 -0.16 -0.24 DELTAROE (1) DELTAFINLEV (2) 0.26 NUMBERRORS (3) 0.13 LEGAL (4) -0.09 0.18 0.17 BAFIN (5) -0.12 -0.15 -0.11 -0.10 CORE (6) 0.23 0.29 0.34 -0.06 0.06 PROFJUDG (7) 0.26 0.50 0.38 0.17 0.08 0.55 EARLY (8) 0.22 0.03 0.15 0.24 -0.16 0.11 0.18 OPPORTUNISM (9) 0.02 0.29 0.12 0.11 -0.17 0.02 0.04 -0.04 RESOURCES (10) 0.16 0.03 0.00 -0.01 0.10 -0.16 -0.13 -0.32 -0.01 CHANGE (11) -0.16 -0.12 -0.05 0.16 -0.12 -0.20 -0.09 -0.06 0.04 0.08 TIME LAG (12) 0.08 -0.09 0.16 0.20 0.40 0.21 0.21 0.15 -0.03 -0.18 0.08 SIZE (13) -0.12 -0.26 -0.15 -0.19 0.14 0.11 -0.01 -0.08 -0.60 -0.06 -0.01 -0.08 LEVERAGE (14) 0.04 -0.13 0.14 0.26 -0.11 -0.02 0.08 0.07 -0.01 -0.08 0.12 0.19 OWNERSHIP (15) 0.23 0.15 0.18 -0.07 -0.03 0.08 0.22 0.06 -0.10 -0.05 -0.14 -0.23 0.01 -0.21 LIQUIDITY (16) -0.01 -0.13 -0.13 -0.08 -0.14 -0.06 -0.09 -0.04 -0.40 0.00 0.07 -0.32 0.53 -0.23 0.14 -0.13 -0.10 (16) 0.34 0.31 Notes: The table shows Pearson correlations (above the diagonal) and Spearman correlations (below the diagonal) for all variables included in the multivariate regressions employed in this study (79 oberservations), covering the investigation period 2006-2013. Variables are defined in Table 2 and winsorized at the 1st and 99th percentile. Marked correlations indicate two-tailed significance at the 5% level. 34 Table 5. Investor reactions to error announcements PANEL A: 2006-2013 CAR Event window CATV ABAS [0] [-1;1] [-2;2] [0] [-1;1] [-2;2] [0] [-1;1] [-2;2] Mean 0.582 -0.693 0.599 0.029 0.097 0.006 8.769 11.706 14.971 p-value 0.867 0.169 0.725 0.766 0.874 0.522 0.115 0.036 0.019 Standard deviation 4.873 6.385 8.517 0.318 0.641 0.782 56.860 47.170 50.203 First quartile -0.768 -3.445 -4.059 -0.029 -0.076 -0.078 -21.580 -18.594 -17.820 Median -0.037 -0.565 -0.295 -0.008 -0.003 -0.006 7.397 6.702 9.742 p-value 0.336 0.075 0.243 0.014 0.429 0.330 0.089 0.093 0.034 Third quartile 1.248 1.417 2.018 0.004 0.094 0.064 52.335 35.831 40.607 88 79 73 66 58 54 62 55 51 Number of observations PANEL B: 2006-2009 CAR Event window CATV ABAS [0] [-1;1] [-2;2] [0] [-1;1] [-2;2] [0] [-1;1] [-2;2] Mean 0.674 -1.048 0.398 0.058 0.146 0.054 10.206 19.950 21.499 p-value 0.867 0.114 0.606 0.839 0.912 0.696 0.174 0.018 0.027 Standard deviation 4.447 5.875 9.614 0.364 0.608 0.579 65.280 50.598 57.782 First quartile -0.758 -4.369 -4.821 -0.031 -0.039 -0.073 -30.532 -11.887 -11.972 Median -0.051 -0.833 -0.786 -0.008 -0.002 -0.005 7.785 11.672 11.207 p-value 0.319 0.016 0.158 0.131 0.302 0.396 0.120 0.028 0.035 Third quartile 1.225 0.613 1.999 0.021 0.249 0.138 68.972 40.270 52.658 55 47 43 40 33 31 37 31 29 Number of observations PANEL C: 2010-2013 CAR Event window CATV ABAS [0] [-1;1] [-2;2] [0] [-1;1] [-2;2] [0] [-1;1] [-2;2] Mean 0.428 -0.171 0.888 -0.016 0.033 -0.058 6.641 1.058 6.367 p-value 0.669 0.446 0.760 0.364 0.595 0.391 0.222 0.450 0.218 Standard deviation 5.581 7.134 6.790 0.232 0.689 1.005 42.628 40.921 37.587 First quartile -0.832 -1.594 -3.048 -0.031 -0.100 -0.108 -20.511 -26.592 -25.632 Median 0.082 0.320 0.269 -0.009 -0.003 -0.007 -0.691 -9.439 0.398 p-value 0.511 0.687 0.601 0.013 0.184 0.158 0.736 0.645 0.296 Third quartile 1.483 2.689 3.479 0.001 0.029 0.053 35.438 18.227 32.297 33 32 30 26 25 23 25 24 22 Number of observations Notes: This table displays descriptive statistics for (cumulative) abnormal returns [CAR], (cumulative) abnormal relative trading volumes [CATV], and (mean) abnormal relative bid-ask-spreads [ABAS] for all available error announcements, covering the years 2006-2013, 2006-2009 and 20102013. All observations have been winsorized at the 1st and 99th percentile. The descriptive statistics, which are denoted in percent, are provided for the event day [0] as well as for the event windows [-1;1] and [-2;2] surrounding the error announcement day. P-values denote statistical significance for one-tailed tests. In line with section 3.2, we expect CAR and CATV (ABAS) to take negative (positive) values. 35 Table 6. Drivers of cumulative abnormal returns Model 1.1 Expected sign Intercept Model 1.2 Model 1.3 Model 2.1 Model 2.2 Model 2.3 Coeff. t-Stat. Coeff. t-Stat. Coeff. t-Stat. Coeff. t-Stat. Coeff. t-Stat. Coeff. t-Stat. -0.014 -1.70* 0.011 0.21 0.003 0.05 -0.009 -0.86 0.020 0.38 0.006 0.11 Variables of interest DELTAROE (-) -0.007 -5.70*** -0.006 -4.75*** -0.006 -4.30*** -0.006 -4.71*** -0.005 -3.44*** -0.005 -2.87*** DELTAFINLEV (-) -0.161 -1.59* -0.147 -1.41* -0.141 -1.25 -0.194 -1.98** -0.199 -2.25** -0.199 -2.15** NUMBERRORS (-) 0.005 2.45 0.006 2.62 0.006 2.56 0.004 1.85 0.004 1.85 0.005 1.86 LEGAL (-) -0.034 -1.71** -0.032 -1.62* -0.032 -1.61* -0.025 -1.25 -0.025 -1.36* -0.026 -1.32* BAFIN (-) -0.014 -0.72 -0.002 -0.11 -0.001 -0.06 -0.022 -1.15 -0.001 -0.05 0.002 0.10 CORE (-) 0.025 1.44 0.037 1.88 0.037 1.80 PROFJUDG (-) 0.008 0.41 0.012 0.60 0.016 0.78 EARLY (+) -0.021 -1.67 -0.015 -0.99 -0.013 -0.81 -0.007 -0.86 Control variables OPPORTUNISM GCGCNumb -0.003 -0.30 0.000 -0.24 0.000 -0.48 VarComp 0.015 0.29 0.047 0.90 EM 0.011 0.63 0.008 0.43 -1.16 RESOURCES 0.005 0.86 0.006 0.95 Growth 0.000 -0.59 0.000 IFRSyears 0.003 1.01 0.002 0.79 Complexity -0.003 -0.49 -0.004 -0.65 CHANGE 0.011 0.82 0.011 0.81 0.015 1.04 0.017 1.18 TIME LAG 0.000 -1.09 0.000 -0.96 0.000 -1.71* 0.000 -1.54 SIZE -0.002 -0.50 -0.003 -0.55 -0.006 -1.35 -0.007 -1.29 LEVERAGE -0.004 -0.22 -0.003 -0.19 0.006 0.32 0.004 0.21 OWNERSHIP 0.000 -0.88 0.000 -0.90 0.000 -1.25 0.000 -1.40 LIQUIDITY 0.000 0.16 0.000 0.10 0.000 0.42 0.000 0.41 2 Unadjusted R 0.247 0.287 0.301 0.310 0.379 Adjusted R2 0.196 0.144 0.107 0.231 0.219 0.189 73.68*** 36.53*** 21.41*** 30.48*** 18.00*** 12.02*** 79 79 79 79 79 79 F-statistic Number of observations 0.397 Notes: This table shows results from linear regressions of the three-day cumulative abnormal return in [-1;1] on several variables of interest and control variables. All observations have been winsorized at the 1st and 99th percentile. The levels of significance have been calculated using White heteroscedasticity-robust standard errors. The untabulated regression results with non-robust standard errors do not lead to materially different findings. *, ** and *** denote statistical significance on the 10%, 5% and 1% level (one-tailed for all variables of interest, two-tailed for the intercept and the control variables). 36 ISSN 1864-4562 (Online version) © HHL Leipzig Graduate School of Management, 2015 The sole responsibility for the content of the HHL Working Paper lies with the author/s. We encourage the use of the material for teaching or research purposes with reference to the source. The reproduction, copying and distribution of the paper for non-commercial purposes is permitted on condition that the source is clearly indicated. Any commercial use of the document or parts of its content requires the written consent of the author/s. 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