Page 138 - SBL Integrated Workbook STUDENT 2018
P. 138

Chapter 12




               1.2  Institutional shareholder intervention

                             Conditions under which it would be appropriate for institutional investors
                             to intervene:


                                  Strategy: in terms of products sold, markets serviced, expansion
                                   pursued or any other aspect of strategic positioning.

                                  Operational performance: in terms of divisions within the corporate
                                   structure that have persistently under-performed.


                                  Acquisitions and disposals: this might be in terms of executive
                                   decisions that have been inadequately challenged by NEDs.


                                  Remuneration policy: this might relate to a failure of the
                                   remuneration committee to curtail extreme or self-serving
                                   executive rewards.

                                  Internal controls: failure in health and safety, quality control,
                                   budgetary control or IT projects.

                                  Succession planning: a failure to adequately balance board
                                   composition or recommendation of replacement executives
                                   without adequate consideration of the quality of the candidate.

                                  Social responsibility: a failure to adequately protect or respond to
                                   instances of environmental contamination or other areas of public
                                   concern.


               Note: Failure to comply with relevant codes: consistent and unexplained non-
               compliance in a principles-based country will be penalised by the market. In a rules-
               based country it would have been penalised as a matter of law




                  Illustrations and further practice


                  Now review Illustration 1.
















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