ARTICLE
18 November 2021

Study Finds "A Robust And Significantly Negative Stock Market Reaction" To California's Gender Quota Mandate

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Allen Matkins Leck Gamble Mallory & Natsis LLP

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Allen Matkins, founded in 1977, is a California-based law firm with more than 200 attorneys in four major metropolitan areas of California: Los Angeles, Orange County, San Diego, and San Francisco. The firm's areas of focus include real estate, construction, land use, environmental and natural resources, corporate and securities, real estate and commercial finance, bankruptcy, restructurings and creditors' rights, joint ventures, and tax; labor and employment, and trials, litigation, risk management, and alternative dispute resolution in all of these areas. For more information about Allen Matkins please visit www.allenmatkins.com.
A study by an international team of scholars has concluded that California's imposition of a gender quota on publicly held corporations with their principal executive offices in the state resulted in a ...
United States California Corporate/Commercial Law

A study by an international team of scholars has concluded that California's imposition of a gender quota on publicly held corporations with their principal executive offices in the state resulted in a "robust and significantly negative stock market reaction".  von Meyerinck, Felix and Niessen-Ruenzi, Alexandra and Niessen-Ruenzi, Alexandra and Schmid, Markus and Davidoff Solomon, Steven, As California Goes, So Goes the Nation? Board Gender Quotas and Shareholders' Distaste of Government Interventions (August 31, 2021).   Specifically, these researchers found that the mean reduction in shareholder value amounts to $104.51 million and $328.31 million for non-California for California firms, respectively (based on the mean market capitalization in the two groups).

What I found most interesting was the authors' theory that "independent of the nature the quota, shareholders may have a general distaste of governmental interference with company affairs and do not appreciate legislation that forces companies to change their organizational structure to achieve non-monetary goals."   This should be something for the Securities and Exchange Commission to take into account when it considers mandating ESG disclosures.

California's gender quota mandate is codified at Sections 301.3 and 2115.5 of the California Corporations Code.   A constitutional challenge to the law is scheduled to go to trial on December 1.  Crest v. Padilla (Cal. Super. Ct. Case No. 19STCV27561.

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