RE: Amendments to Exemptions from the Proxy Rules for Proxy Voting Advice

2019 ◽  
Author(s):  
Bernard S. Sharfman
Keyword(s):  
2007 ◽  
Vol 3 (2) ◽  
Author(s):  
Andre Mach ◽  
Gerhard Schnyder ◽  
Thomas David ◽  
Martin Lupold

Switzerland was for a very long time characterised by a strong tradition of self-regulation by private actors in the economic sphere rather than by an extensive and detailed legal framework. This is particularly true in the field of corporate governance and more precisely visible in the Stock Corporation Law, the supervision of the stock exchanges and accounting rules. Due to very lax legal rules, mechanisms of "private governance" complemented the minimal legal framework in these three fields. Over the last twenty or so years, these mechanisms of self-regulation have nonetheless undergone profound change. In fact, private self-regulation has been incrementally formalised and replaced by more specific public regulations in five important fields: the transferability of shares, proxy-voting by banks, takeover bids, supervision of the stock exchanges and accounting rules. Due to changes in the international context, to the shifting preferences of important economic actors, and to the emergence of new actors (institutional investors and accountants), the legal framework of Swiss corporate governance has been reformed in a significant way.


Obiter ◽  
2019 ◽  
Vol 40 (1) ◽  
Author(s):  
Maleka Femida Cassim

Effective shareholder control over the board of directors is patently in the interests of good corporate governance, accountability and transparency. In recognition of this modern reality, the policy focus in company law has shifted to encouraging shareholder participation and shareholder engagement in corporate affairs. Bearing in mind that very few shareholders of large public companies attend meetings in person, proxy voting is of vital importance to corporate democracy. This article discusses enhanced rights conferred by the Companies Act 71 of 2008 in relation to shareholder proxies who attend, speak and vote at shareholders’ meetings. It also considers the pressing practical question whether companies may impose a cut-off time for the lodgement of shareholder proxies.


2009 ◽  
Vol 5 (4S_Part_5) ◽  
pp. P141-P141
Author(s):  
Antoine Bosquet ◽  
Amar Medjkane ◽  
Louis Affo ◽  
Philippe Charru ◽  
Philippe Vinceneux ◽  
...  

Author(s):  
Oksana Kulyk ◽  
Stephan Neumann ◽  
Karola Marky ◽  
Jurlind Budurushi ◽  
Melanie Volkamer
Keyword(s):  

2019 ◽  
pp. 90-126
Author(s):  
William Lazonick ◽  
Jang-Sup Shin

This chapter explains historical and systemic sources of institutional activism. Starting from re-examining underlying principles of New Deal financial regulations established in the 1930s that discouraged institutional activism, it argues that they were overturned in the 1980s and 1990s in the name of promoting “shareholder democracy.” It analyzes these misguided regulatory “reforms” including the introduction of compulsory voting by institutional investors, a proxy-voting rule change that greatly facilitated aggregation of proxy votes by predatory value extractors. The chapter argues that those reforms created a large vacuum in corporate voting because, contrary to the ideal of shareholder democracy and particularly with the increasing dominance of index funds, institutional investors had little ability and incentive to vote the shares in their portfolios. The main beneficiaries of these reforms have been the leading proxy advisory firms and a small group of hedge-fund activists intent on looting the business corporation.


2002 ◽  
Vol 3 (11) ◽  
Author(s):  
Ulrich Seibert

Since the mid-90\'s Germany has seen a whole range of laws on corporate governance: first and foremost the KonTraG, i.e. the law on control and transparency, followed by the NaStraG, i.e. the law on registered shares and the facilitating of proxy voting, then, more recently, the TransPuG, i.e. the law on transparency and disclosure, and - finally - the German Corporate Governance Codex issued by the Cromme Commission – and there is probably more to come during the next legislative period. What are the reasons for this striking increase in activity? What are the driving forces and is there a master plan behind these efforts?


BMJ ◽  
1879 ◽  
Vol 1 (963) ◽  
pp. 913-913
Author(s):  
R. Harrison
Keyword(s):  

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