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Subject: Corporate Governance

Corporate governance is the set of processes, customs, policies, laws, and institutions affecting the way a corporation (or company) is directed, administered or controlled. Corporate governance also includes the relationships among the many stakeholders involved and the goals for which the corporation is governed. The principal stakeholders are the shareholders, management, and the board of directors. Other stakeholders include employees, customers, creditors, suppliers, regulators, and the community at large.
Corporate governance is a multi-faceted subject. An important theme of corporate governance is to ensure the accountability of certain individuals in an organization through mechanisms that try to reduce or eliminate the principal-agent problem. A related but separate thread of discussions focuses on the impact of a corporate governance system in economic efficiency, with a strong emphasis on shareholders’ welfare. There are yet other aspects to the corporate governance subject, such as the stakeholder view and the corporate governance models around the world (see section 9 below).
There has been renewed interest in the corporate governance practices of modern corporations since 2001, particularly due to the high-profile collapses of a number of large U.S. firms such as Enron Corporation and MCI Inc. (formerly WorldCom). In 2002, the U.S. federal government passed the Sarbanes-Oxley Act, intending to restore public confidence in corporate governance. (Wikipedia Jan 2010)

Q1 2006

Stock buybacks financed by record borrowing

Corporate executives borrow to buyback company shares

Disbursement of corporate cash through dividends and stock buybacks totaled $1,073.5 billion in Q1 2006 (annualized). This massive distribution exceeded net profits after tax and was financed by selling bonds and mortgages. Reserves for depreciation were also used to finance buybacks and dividends.

These disbursements were double annualized net corporate profits after tax of $509.5

Q1 2006

Stock buybacks up fivefold

Corporate buyback executives in a feeding frenzy

Net repurchases of equity by nonfinancial domestic corporations soared to an annual rate of $586.8 billion in Q1 2006 (a new record), pushing stock prices slightly higher. Domestic investors, through mutual funds, and foreign investors helped push prices upwards by buying equities.

This frenzied buying was five times the buyback rate in 2000, the year the Great Bubble collapsed!

US Stocks

Sarbanes-Oxley and the shortage of equities

CEO wanted, only knaves need apply

The Sarbanes-Oxley Act of 2002, by discouraging companies to go public, will exacerbate the shortage of equities, with a negative effect on the US stock market, although this was not the intent of its authors. Poorly drafted, ill-conceived, and unfair this law does little to protect investors.

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2011-04-19 16:02