The
Potential & Limitations of Shareholder Activism
Is shareholder activism
right for the causes and campaigns you're concerned about? In and of itself,
a shareholder's expression of social concern(s) is an important exercise
in corporate democracy; but what can realistically be achieved through
shareholder activism? This section provides some guidance on the potential
and limitations of shareholder activism.
Potential of shareholder
activism – what it offers
Access to corporations:
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Direct access to top management
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Constructive dialogue with management
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Possibility of affecting corporate culture
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Voluntary changes by corporations
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Potential to change company policies and practices
Access to shareholders:
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Media attention for resolutions
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Investor education
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Partnership with shareholders
Increasing popularity:
shareholder activism is growing among SRIs
-
Growing attention and participation by socially
responsible investors (SRIs)- Currently about 1 in 8 dollars under professional
management is in socially screened investments. Since many traditional
financial firms now offer social funds, many social investment firms are
now offering shareholder activism to set themselves apart.
-
Support from SRIs - Not only are socially
responsible investors more likely to sponsor social resolutions, but they
are more likely to vote for them as well. In contrast, traditional
investors may require costly or time-intensive efforts to win their votes
because social/environmental issues may be regarded as marginal or detrimental
Limitations of
Shareholder Activism
Limited Objectives:
-
Cannot address the validity of company's product
or line of business
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Achieves only voluntary change (versus legal
or regulatory means)
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Sometimes is lengthy and legalistic
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Content strictly limited by SEC rules/history.
For example, the SEC has regulations on "mootness," and "ordinary business"
-
Incremental change. Activists must break down
desired changes into objectives that can be done step by step. Shareholder
activism operates on making incremental progress every year. But even modest
change in one company may dislodge overall resistance to change in an industry.
For example, it can be very effective to get one company to take a public
position on an issue, (especially if they see it as creating a competitive
advantage) because other companies may follow suit.
Tactical Limitations:
-
In some cases, may require adjustment of confrontational
strategies
-
Invalidated by simultaneous litigation (one
can't file a resolution if one is in a suing a company)
-
Need to think through implications of publicity
strategies. For example, company conversations may need to be confidential.
So, in order to get a better result from shareholder negotiations, publicity
efforts may need to be scaled down or up
-
Need to think through implications of resolution.
Although uncommon, some companies have stopped talking to shareholder activists
after a resolution has been filed.
Restrictions resulting
from collaborations:
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Necessity of communication between campaigners,
communities, shareholders, etc.
-
Complexity of having to set objectives and
strategy jointly, or ensuring that co-filers agree with lead filer's objectives
-
Negotiating different thresholds for acceptable
results (For example, at what point would the coalition be willing to withdraw
a resolution?)
Demands on your organization:
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Requires ability to translate demands into
concrete yet significant annual steps for companies
-
Can require defending resolutions on short
notice, participating in meetings with companies, and evaluating copious
amounts of corporate material.
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May incur legal costs to defend resolutions
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Possible costly (if a professional is hired)
or complex solicitation effort to increase votes
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Time-intensive
Back
to Shareholder Activism Index
To
"Shareholder Dialogue: The Objective of Shareholder Resolutions"