Recent Posts

Thursday, October 13, 2011

The Powers and Responsibilities of Ownership

The public release of the GMI Risk List on October 12, 2011 raises the most critical question of fiduciary responsibility.  There has been extensive discussion of the propriety of trustees’ investing in index funds due to the probability that some of the holdings in the index would not be… October 13, 2011
Tuesday, October 11, 2011

Occupy Wall Street...

Is anyone really surprised to see the frustration over economic inequities lead to public dissent?  Like everyone, I'm watching the Occupy Wall Street with interest and glad to see it get so much coverage.  I'm very flattered to have been singled out in a short piece about three documentaries… October 11, 2011 | Occupy Wall Street , accountability
Friday, September 30, 2011

After ICGN: What Happens Now

I think the whole experience of delivering highly publicized speeches (my recent ICGN speech is here) to an entire constituency gives you the opportunity to ask a self-answering question. And the real question is, what is anybody going to do? What’s going to be different? Is anything going to be different?   … September 30, 2011 | Supreme Court , Corporate Power , institutional investors , capitalism , financial crisis
Friday, September 9, 2011

Shut the SEC and start over

I was particually interested in William D. Cohan's recent piece for Bloomberg, "Big Reason to Shut SEC, Start Over."   Certainly, recent reports show the SEC to be less than effective regulators of Wall Street -- whether it's lazy, inept or worse -- but the agency has been problematic for… September 9, 2011 | SEC , regulation , CEO power
Friday, September 2, 2011

Three new speeches

September is here and I'm off to a running start.  I'll be speaking at three big conferences in the next couple of weeks: GMI's Public Funds Forum in California, ICGN in Paris and PRI in Person in Paris.  I'll be joined by some fascinating and influential people at these… September 2, 2011 | responsible ownership , fiduciary duty
Thursday, July 28, 2011

DC Court Opinion on SEC Proxy Rules

As we approach the 40th anniversary of the Powell Memo, Justice Powell would undoubtedly be very pleased with the recent DC Circuit Court decision on SEC proxy rules. It represents a very – generous-- view of Court’s authority in order to inhibit business regulation. Because when Powell spoke in his memo… July 28, 2011
Monday, July 25, 2011

Corporate Governance, Power and the CEO

Yes, corporate governance is about power. Power over the economy, over the political process and even, to a degree, culture. And in the game of power corporations have come in the last few years to overwhelm any entity that might check their power. This has become all the more serious and evident… July 25, 2011
Tuesday, July 19, 2011

Lord Myners Interview at Responsible Investor

This is a great interview with Paul Myners -- I hope you read it.  Thanks to the folks at Responsible Investor for letting me post it.   By Hugh Wheelan, July 4, 2011 By his own account, Paul Myners, former UK Financial Services Secretary and now UK Chairman at… July 19, 2011
Wednesday, July 13, 2011

Regulation Whack-a-Mole: Bob Monks’ Take on Say on Pay

“What is of more concern to shareholders is that it looks like C.E.O. pay is recovering faster than company fortunes,” said Paul Hodgson, chief communications officer for GovernanceMetrics International, a ratings and research firm (“We Knew They Got Raises. But This?”New York Times, July 2, 2011).    This says… July 13, 2011 | CEO Pay , Say on Pay , shareholder activism
Friday, July 1, 2011

Looking at Too Big to Fail

It's interesting to see all of this data in a visual form. The chart is from is huge -- but very effective, I think.  Be sure to read their entire post called, "Too Big to Fail: Inside America's Economic Downfall."  July 1, 2011 | Dodd-Frank , Wall Street , financial crisis , Financial Reform
Thursday, June 30, 2011

The Appearance of Reality: A Conclusion

I have been thinking of a way to conclude the recent series of questions about corporate governance concepts on this blog and to me, this quote sums it up nicely:   “Our corporate statutes assume that shareholders own the corporation, that the rights and powers of shareholders flow from… June 30, 2011 | Disinformation
Wednesday, June 29, 2011

Director Liability is the Polite Lie at the Core of Corporate Governance

In thinking about director liability lately -- and it's a subject that never seems to go away -- I'm convinced that it's an underlying weakness in corporate governance.  Can a director truly fulfill their required duty to shareholders if they are indemnified and insured against every action, word, deed… June 29, 2011 | accountability , directors , fiduciary duty , shareholder rights , director liability
Copyright 2021 by Robert A. G. Monks