DELEGATION OF PROXY VOTING
Common stock shareholders have the power
through voting rights to influence the management
of a corporation. Actively exercising these
rights through corporate governance may be
an effective way of enhancing investment
value. Not exercising these rights ignores
a valuable ownership right that could be
managed for the benefit of the investment.
In some case, an investor with a minor position
or a short investment time horizon does not
consider to partecipate in corporate governance.
In some case, were there are dissatisfied
with the management and the proportion of
shares that an investor owns increase the
difficulty of selling shares without adversely
affecting of the market, investors may attempt
to change the company through negotiations
with management or though exercise of the
rights of corporate governance.
In many instances, security holders and account
owners can delegate their right to vote proxies
to consultants, as STUDIO BUGELLI, who manage
this rights with standards of prudence, care,
diligence and who are qualified to make informed
decisions to meet their fiduciary duties.
The major proxy-related issue generally fall
within five categories: corporate governance,
takeover defenses, compensation plans, capital
structure and social responsability. These
categories may include the following:
1) CORPORATE GOVERNANCE: confidentiality
of voting; annual election of director; composition
of board; equal access to proxy statements;
indemnification of management or directors
or both against negligent, imprudent or unreasonable
action; removal of director from office only
for cause or by a supermajority vote; cumulative
voting, "sweeteners" to attract
support for proposals; unequal voting right
proposals (superstock); supermajority proposal;
limitation of shareholders rights to remove
directors, amend bylaws, fill board vacancies,
call special meetings, nominate directors
and act by written consent or other actions
to limit or abolish shareholders rights to
act independently; prposal to permit management
discretion to iusse "blank check"
stock without prior shareholder approval;
proposal to vote unmarked proxies in favor
of management; pre-emptive rights.
2) TAKEOVER DEFENSE AND RELATED ACTION: proposal
involving tender offers and mergers; fair
price prevision; some increase in authorized
shares and/or creation of new classes of
common or preferred stock; proposal to introduce
or eliminate greenmail provisions, proposal
to reevaluate in-place "shark repellent";
shareholder rights plans (poison pills).
3) COMPENSATION PLANS: stock option plans
and/or stock-appreciation plans; profit incentive
plans and employee stock purchase plans;
extension of stock option grants to outside
directors; stock option plans and other stock
bonus plans, including plans permitting issuance
of loans to management or selected employees
with authority to sell stock purchased by
the loan without immediate repayment, or
plans that are overly generous (below market
price or with appreciation rights paying
the difference between option price and the
stock or allowing the director to lower the
purchase price of outstanding options); incentive
plans that become effective in the event
of hostile takeovers or mergers (golden and
tin parachutes); proposal that create an
unusually favorable compensation structure
in advance of sales of the company; proposal
that fail to link executive compensation
to management perfomance (including golden
handcuffs).
4) CAPITAL STRUCTURE, CLASSES OF STOCK, AND
RECAPITALIZATIONS: dual class recapitalizations;
proposals to reincorporate or reorganize
into a holding company; proposals designed
to discourage mergers and acquisitions in
advance; proposals to change state of incorporation
to a state less favourable to shareholder
interests.
5) SOCIAL RESPONSABILITY: human rights; enviroment,
such as endorsing the CERES principles; nuclear
weapons and energy-generating facilities;
McBride Principles (Northern Ireland); equal
employment and diversity; community-related
economic growth; anti-addiction (such as
alcohol or gambling).
In order to the existing obstacles to establish
an effective proxy voting, ones include delays
in relaying the material from issuer to intermediary
to investor. Such delays can make proxy voting
difficult. Investment advisors should maintain
contact with intermediaries, such as brokers,
banks, and custodians, to ensure timely reception
of material and to update names and addresses.