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Sen. Warren "Accountable Capitalism" Bill Attacks Shareholder Value Maximization

By Randi Morrison posted 08-19-2018 09:54 PM

  

As has been widely reported, last Wednesday, Senator Warren [D-MA] introduced the Accountable Capitalism Act aimed at countering the allegedly harmful impacts on workers and communities purportedly associated with corporate shareholder value maximization.

As highlighted in Warren's one-page summary, the benefit corporation-informed Act would:

  • Require all US "corporations" (including joint stock companies and LLCs) with more than $1 billion in annual revenue to obtain a federal charter from a newly-formed Office of US Corporations at the Department of Commerce, which would obligate the company's directors to consider the interests of all corporate stakeholders – including employees, customers, shareholders, and the communities in which the company operates
  • Require at least 40% of the company's directors to be selected by the company's employees
  • Prohibit company directors and officers from selling company stock within five years of receiving it or within three years of a company stock buyback
  • Require companies to obtain the approval of at least 75% of their shareholders and 75% of their directors before engaging in political spending to ensure the expenditures benefit all corporate stakeholders

See also Warren's release and WSJ op-ed: "Companies Shouldn’t Be Accountable Only to Shareholders"; this letter of support from academics & investors; these posts from Cadwalader and the Business Law Prof; and the various views reflected in these articles from CNBC, Harvard Business Review, Cato Institute, Boston Globe, Manhattan Institute, Vox, and Forbes.   

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