How to Solve the Dilemma of Small Business Finance: A Proposal for Creditors' Statutory Information Right
Claudia Ling-Yun Zhang
Posted Sunday, September 8, 2013

Most researchers in the area of small business finance have been economists, who merely undertake empirical studies based on simplistic assumptions of legal rules. This article, conversely, renders a cutting-edge notion that small business finance is interdependent with corporate governance. Altering corporate governance rules will boost the efficiency of small business finance. As contended, a creditors’ statutory information right, representing a better alignment of legal rights and duties, could increase the efficiency of small business finance by improving corporate governance. This article first discusses the utility of creditors’ statutory information right by exploring the internalization of information costs. Then the focus will shift to justifying a creditors'’ statutory information right based on a fiduciary-type disclosure duty to corporate creditors. It concludes with a quantification model (cost-benefit analysis) describing the value of the proposed information right.