The tragic story arc of this past year is familiar fare by
now. Still, even today, it reads like an overwrought
Hollywood movie pitch: It starts on Wall Street with the
collapse of the iconic 158-year-old Lehman Brothers. The
shockwaves reverberate worldwide, banks put their credit
lines in a deep freeze, the U.S. government steps in to take
over
Fannie Mae (NYSE: FNM) and
Freddie Mac (NYSE: FRE) and orchestrate the
sales of Bear Stearns to
JPMorgan (NYSE: JPM) and Merrill Lynch to
Bank of America (NYSE: BAC). At unemployment
offices, blue-collar workers mingle with Ivy grads who, just
weeks before, pulled in six figures annually, not including
bonuses. There are trillion-dollar bailouts, political
bungles, Vegas retreats for unapologetic execs, and the
biggest bankruptcies in American history.
And that's just the opener.
We've been through bad times brought on by corporate
misdeeds before. (The Enron and WorldCom scandals are fairly
recent history, actually.) Only this time no one -- not
shareholders, not citizens -- was spared.
Cue lawmakers and corporate watchdogs
Financial disasters and reform go hand in hand.
The accounting shenanigans at Enron and WorldCom lead to
the passage of the Sarbanes-Oxley Act in 2002, legislation
which was designed to increase accounting transparency,
ensure independent auditing processes and install harsher
penalties for public companies that violated the laws.
This crisis -- The Great Recession, the Great Retirement
Reset, Apocalypse '08, or whatever moniker you like -- has
spilled over even into the general economy, triggering
massive unemployment and impacting even strong non-financial
companies like
Google (Nasdaq: GOOG),
Procter & Gamble (NYSE: PG), and
Whole Foods (Nasdaq: WFMI). Naturally, the
collateral damage has inspired a frenzy of proposed
reforms.
The Shareholder Bill of Rights Act is the most prominent,
widely publicized proposal on corporate governance to come
out of this crisis. It's the kind of sweeping regulatory
overhaul that will change how business is conducted in
American listed companies.
It's a memo to Wall Street, executives, and corporate
boards, informing them that it's no longer business as usual.
But what does that mean to us, the very shareholders this
bill is designed to protect?
We
really canchange things -- together
We want to ensure that this is a
realshareholder bill of rights -- one written
byshareholders
forshareholders.
We have a history of making sure individual investors are
heard and our rights heeded. It was The Motley Fool community
that launched the grassroots campaign that led to the passage
of the SEC's "Regulation Full Disclosure" in 2000 which
served to level the access to corporate information for all
investors.
We've testified before congressional committees,
urging greater transparencyin the mutual fund industry
and demanding more
corporate accountability to shareholdersin the aftermath
of Enron. We've been asked to advocate on behalf of
individual shareholders (that's you, our community) on
important topics such as
improving financial reporting. And now, we want all of
our voices to be heard on this important piece of
legislation.
Now, again, we feel it is our duty as individual investors
to ensure that the Shareholder Bill of Rights represents our
best interests, not those of Wall Street or K Street. And we
need your help.
Based on the Fool community's comments we will compose a
Foolish call to action to publicly champion and promote to
the officials on the Hill who took an oath to represent our
best interests.
This isn't just lip service, either. "We're in this brief
moment of time when the average citizen is on a level playing
field with the lobbyist," Michael Greenberger,
University
of MarylandLaw School professor and a former director of
trading and markets at the Commodity Futures Trading
Commission, said to the
New York Times. It's our turn to take the field,
Fools, and level it once and for all.
How the Shareholder Bill of Rights affects
you
We begin by taking a closer look at the major
components of the proposed bill. This is your primer on the
Shareholder Bill of Rights -- a rundown of each proposal, the
pros and cons, and how reform will affect you and your
portfolio.
1. Say on pay: Owning shares of a company
makes you a minority owner, and that gives you a right to
vote. The bill would put executive compensation on the ballot
(a rarity among public companies these days). But will your
single vote really make a difference? Find out in "
Let's Fix Say on Pay."
LINK .
2. Annual board of directors elections: The
Shareholder Bill of Rights seeks to give shareholders the
opportunity to oust (or reelect) every single board member at
the table. If you thought you had that right before when your
proxy statement arrived in the mail, you're in for a shocker.
"
Let's Fix Board Elections" reveals Wall Street's dirty
little boardroom election secret.
LINK . Continued... |