Posts from: Puneet Arora


The Aftermath of the SEC Proxy Process Roundtable

Steve Seelig and Puneet Arora are regulatory advisors at Willis Towers Watson. This post is based on a Willis Towers Watson memorandum by Mr. Seelig and Mr. Arora.

What’s clear from the recent Securities and Exchange (SEC) roundtable on the proxy voting process and subsequent press accounts is that concerned parties have very different agendas for possible next steps. So we’re hesitant to believe predictions that regulation of proxy advisory firms is imminent or that the entire shareholder proposal process needs to be revamped. Many stakeholders are content with the current state of affairs. That said, the roundtable enables the SEC to build a record of public comments to support its rulemaking decisions, increasing the odds of new regulations forthcoming on the three topics covered.

Proxy Advisor Discussion

Prior to the roundtable, the proxy advisor topic appeared to be the most controversial, so it seemed appropriate for the SEC to place it last on the agenda. Yet, we heard little appetite from attendees for changing how advisors participate in the proxy voting process based on the important role they play in assisting institutional investors with voting recommendations. The roundtable also avoided a deep examination of whether ISS’ simultaneous work with clients and issuance of proxy recommendations is a potential conflict of interest. ISS, however, noted that it makes available to its clients revenue data earned from consulting services to issuers to whom it makes voting recommendations.

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The Regulation of Proxy Advisors

Steve Seelig and Puneet Arora are regulatory advisors at Willis Towers Watson. This post is based on a Willis Towers Watson memorandum by Mr. Seelig and Mr. Arora.

Recently, the Senate Committee on Banking, Housing and Urban Affairs held a hearing on various legislative proposals aimed at improving corporate governance, including the Corporate Governance Reform and Transparency Act, H.R. 4015, that would regulate the activities of proxy advisory firms like Institutional Shareholder Services (ISS) and Glass Lewis.

This hearing is the latest step in the legislative process, following the House of Representative voting 238-182 on December 20, 2017 to send H.R. 4015 to the Senate for consideration. It is not yet clear that the Senate will move the legislation from the Committee to the full Senate, or whether the Committee will make significant amendments requiring a second vote from the House to endorse those changes, or some compromise to harmonize those differences. Moreover, any movement on H.R. 4015 in the near term seems unlikely, given the Senate’s focus on confirming President Trump’s nominee for the Supreme Court and on the mid-term elections.

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Benefits of CEO Pay Ratio Guidance

Steve Seelig is a senior regulatory advisor for executive compensation, Puneet Arora is a regulatory advisor and Rich Luss is a senior economist in Willis Towers Watson’s Research and Innovation Center. This post is based on a Willis Towers Watson publication by Mr. Seelig, Mr. Arora, and Mr. Luss. Related research from the Program on Corporate Governance includes: Paying for Long-Term Performance by Lucian Bebchuk and Jesse Fried (discussed on the Forum here); and The Growth of Executive Pay by Lucian Bebchuk and Yaniv Grinstein.

After hearing that the CEO pay ratio rules were still cumbersome and difficult to maneuver, the Securities and Exchange Commission (SEC) recently issued three pieces of guidance that will markedly improve the process, especially for global companies. We believe that the SEC is now much closer to its goal of providing flexibility in a manner that would “reduce costs and burdens for registrants” that should prompt companies to revisit their approaches.

The SEC guidance was in three parts that included an Interpretive Release, new Division of Corporation Finance Guidance on Calculation of Pay Ratio Disclosure and amended and restated Compliance & Disclosure Interpretations (C&DIs).

Key aspects of the changes include:

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