4/29/2029

Shareholder Activism in Asia Drives Global Total to Record High

Nikkei Asia (04/29/29) Shikata, Masayuki

Activist shareholders had their busiest year on record in 2024, with the Asia-Pacific region making up a fifth of campaigns worldwide, pushing some companies higher in the stock market and spurring others to consider going private. The worldwide tally of activist campaigns rose by six to 258, up by half from three years earlier, according to data from financial advisory Lazard. Campaigns in the Asia-Pacific tripled over that period to 57, growing about 30% on the year. Japan accounted for more than 60% of the regional total with 37, an all-time high. Activity is picking up this year as well in the run-up to general shareholders meetings in June. South Korea saw 14 campaigns, a jump of 10 from 2023. Critics say South Korean conglomerates are often controlled by minority investors that care too little about other shareholders. Australia and Hong Kong saw increases of one activist campaign each. North America made up half the global total, down from 60% in 2022 and 85% in 2014. Europe had 62 campaigns last year. The upswing in Japan has been fueled by the push for corporate governance reform since 2013 and the Tokyo Stock Exchange's 2023 call for companies to be more mindful of their share prices. The bourse has encouraged corporations to focus less on share buybacks and dividends than on steps for long-term growth, such as capital spending and the sale of unprofitable businesses. Demands for capital allocation to improve return on investment accounted for 51% of activist activity in Japan last year, significantly higher than the five-year average of 32%. U.S.-based Dalton Investments called on Japanese snack maker Ezaki Glico (2206) to amend its articles of incorporation to allow shareholder returns to be decided by investors as well, not just the board of directors. Though the proposal was rejected, it won more than 40% support, and Glico itself put forward a similar measure that was approved at the following general shareholders meeting in March. U.K.-based Palliser Capital took a stake last year in developer Tokyo Tatemono (8804) and argued that more efficient use of its capital, such as selling a cross-held stake in peer Hulic, would boost corporate value. Activist investors are increasingly seeking to lock in unrealized gains from rising land prices, reaping quick profits from property sales that can go toward dividends. Companies in the Tokyo Stock Exchange's broad Topix index had 25.88 trillion yen ($181 billion at current rates) in unrealized gains on property holdings at the end of March 2024, up about 20% from four years earlier. After buying into Mitsui Fudosan (8801) in 2024, U.S.-based Elliott Investment Management this year took a stake in Sumitomo Realty & Development (8830) and is expected to push for the developer to sell real estate holdings. This month, Dalton sent a letter to Fuji Media Holdings (4676), parent of Fuji Television, calling for it to spin off its real estate business and replace its board of directors. Activist campaigns have sparked share price rallies at some companies. Shares of elevator maker Fujitec (6406) were up roughly 80% from March 2023, when it dismissed Takakazu Uchiyama -- a member of the founding family -- as chairman under pressure from Oasis Management. The rise in demands from activists "creates a sense of tension among management, including at companies that don't receive such proposals," said Masatoshi Kikuchi, chief equity strategist at Mizuho Securities. Previously tight cross-shareholdings are being unwound, and reasonable proposals from minority investors are more likely to garner support from foreign shareholders. Some companies are going private to shield themselves from perceived pressure. Investments by buyout funds targeting mature companies in the Asia-Pacific were the highest in three years in 2024, according to Deloitte Touche Tohmatsu. Toyota Industries (6201) is considering going this route after facing pressure from investment funds last year to take steps such as dissolving a parent-child listing with a subsidiary and buying back more shares. Toyota Industries holds a 9% stake in Toyota Motor (7203). The automaker "may have proposed having [Toyota Industries] go private as a precautionary measure," said a source at an investment bank.

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12/30/2025

Company Boards on Notice as Shareholders Use Voting Power to Oust Directors, Reject Pay Packets

Australian (12/30/25) Snowden, Angelica

Australian shareholders are demanding greater transparency from company executives and public boards and are increasingly prepared to punish them with pay hits and even vote out directors if their decisions don’t align with what is best for long term performance. Shareholders rebuked boards amid concerns about bad deals, performance and ongoing scandals in 2025 — including James Hardie (JHX), ANZ (ANZ), and WiseTech Global (WTC) — by using their voting powers, Australian Shareholders Association Chief Executive Rachel Waterhouse said. “Trust is an asset, and boards spend it quickly when leadership is perceived to be conflicted, distracted or unaccountable,” Ms Waterhouse said. “Importantly, accountability in 2025 did not stop at remuneration resolutions. Director elections and other (annual general meeting) motions increasingly carried the same message: shareholders will use the ballot paper when the board is not listening,” she said. Australian Securities Exchange research estimated 7.7 million Australians hold listed investments, Ms Waterhouse said. “AGM resolutions are not a niche concern. They are a mass market accountability mechanism,” she said. According to the latest Australian Shareholders’ Association’s investor sentiment survey, when asked to identify the one thing they most want ASX boards to do better in 2026 the largest group, 37.9%, nominated remuneration that aligns with realized performance. Out of 124 respondents, the next priority was better capital allocation discipline, including dividends, buybacks, acquisitions, and dilution, at 19.35%.Board effectiveness, including chair leadership, capability and engagement, attracted 17.74%, followed by stronger accountability at 16.94%. Clearer disclosure and transparency, including cash flow and key drivers, was selected by 8.06%. WiseTech Global copped its first shareholder strike in November, amid a string of scandals linked with founder and executive chairman Richard White. More than 49% of shareholders rejected the pay packets of Mr White and some of his executive team at the AGM in November. The protest came after the company revealed the Australian Securities and Investments Commission (ASIC) raided WiseTech’s office amid an insider trading investigation. The ASIC probe follows a number of alleged sex for business advice scandals that have haunted Mr White and WiseTech, prompted by beauty entrepreneur Linda Rogan’s court settlement with the billionaire in late 2024. Other significant strikes included at ANZ, where more than 32% of shareholders voted against the remuneration report, delivering a second consecutive strike despite the bank’s attempt to revive its brand with new CEO Nuno Matos. As well, Accent Group’s remuneration report drew an 81.97% vote against and CSL received a second strike, with shareholders rejecting a board spill. Ms Waterhouse said “it would be convenient to explain these outcomes as a revolt against pay." “A remuneration vote is rarely only about the numbers. It is a referendum on trust: the belief that the board is exercising judgment that is fair, defensible, and aligned with long term owners,” she said. Ms Waterhouse said James Hardie was the “clearest reminder that shareholder power is real." “Its AGM resulted in shareholders voting out the chair and two directors, voting against the remuneration report, and rejecting proposed increases to non-executive director fees,” she said. “That is not a routine protest. It is a board level rebuke delivered through the company’s own constitutional machinery. “It also speaks to a deeper point: when material decisions proceed without a shareholder vote, boards should not be surprised if shareholders express their view elsewhere, including in director elections.” Ms Waterhouse also previously warned against replacing truly hybrid AGMs with in-person meetings plus a webcast because they disenfranchise shareholders by “stripping away the right to participate in real time." “Hybrid AGMs are no longer novel, and they should not be framed as a concession,” she said. “They are the baseline expectation for an investable market with geographically dispersed owners. “A hybrid AGM only works when online participation is genuine where shareholders can ask questions, follow the process, and vote with confidence. A one-way broadcast is not access.” Boards in 2026 should “treat trust as an asset that must be earned continually, not a reserve that can be drawn down whenever it suits,” Ms Waterhouse said. As well, AGMs should be run for participation, not performance. Ms Waterhouse suggested boards should stop using shareholder funds to run campaigns leading to supporting contested AGM resolutions. She argued it was better to explain a resolution properly in the meeting materials instead of wasting money on proxy solicitation. “If the board’s position depends on consultants, scripts, and pressure tactics, it is time to revisit the substance here and now, not after the vote.” James Hardie shareholders took 15 minutes to dump its chairwoman Anne Lloyd and two directors, Rada Rodriguez and Peter-John Davis, at a fiery October AGM in retaliation for the diabolical $15bn Azek takeover. They never had a say in the deal.

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12/30/2025

Opinion: Why Australian Shareholders Are Using Their Votes to Fire Directors and Reject Pay

Australian (12/30/25) Waterhouse, Rachel

Rachel Waterhouse, CEO of the Australian Shareholders’ Association, writes that in January she asked whether boards would learn from past errors. In 2025, shareholders marked the paper. At the start of this year, she argued that 2025 would test whether boards could rebuild trust through genuine transparency, stronger accountability, and better engagement with the owners of listed companies. She pointed to five pressure points: the drift away from true hybrid AGMs, the need for ethical leadership and freedom from conflicts, board effectiveness and director capacity, a more mature approach to ESG risk, and pay structures that reward long-term value rather than short-term optics. Twelve months on, the verdict has arrived in the most direct language available to shareholders: votes. That matters because Australia is a nation of investors. ASX research estimates 7.7 million Australians hold exchange investments, so AGM resolutions are not a niche concern. They are a mass market accountability mechanism. Yet one of the persistent weaknesses in our market is that too many retail shareholders remain disengaged from the companies they own. The AGM is not theatre. It is the formal forum where owners approve or reject resolutions that shape governance and value: remuneration reports, director elections, constitutional changes, and major transactions. If you cannot attend, there is still a straightforward way to participate: vote online in advance, or appoint a proxy and direct how your votes should be cast. When retail investors do not use these tools, they leave decision-making to others and reduce the pressure on boards to lift standards. The priorities retail shareholders want addressed are not hard to identify. In the Australian Shareholders’ Association’s latest Investor Sentiment Survey, 124 respondents were asked the one thing they most want ASX 200 boards to do better in 2026. The largest group, 37.90%, nominated remuneration that aligns with realized performance. Next was better capital allocation discipline, including dividends, buybacks, acquisitions and dilution, at 19.35%. Board effectiveness, including chair leadership, capability and engagement, attracted 17.74%, followed by stronger accountability at 16.94%. Clearer disclosure and transparency, including cash flow and key drivers, was selected by 8.06%. Australia’s two-strikes rule is often treated as a technicality, but it is better understood as a warning light. When more than 25% of votes oppose a remuneration report, investors are signalling that the board’s judgment is not landing. In 2025, that warning light flashed repeatedly. In 2025, Accent Group’s (AX1) remuneration report drew an extraordinary 81.97% vote against. WiseTech Global (WTC) recorded a first strike with about 49.47% voting against its remuneration report. CSL (CSL) received a second strike, with shareholders then voting down a board spill. At ANZ (ANZ), more than 32% voted against the remuneration report, delivering a second consecutive strike. It would be convenient to explain these outcomes as a revolt against pay. That misses what shareholders are actually saying. A remuneration vote is rarely only about the numbers. It is a referendum on trust: the belief that the board is exercising judgment that is fair, defensible and aligned with long-term owners. When performance is under pressure, when an organization is working through conduct issues, or when the narrative reads as curated rather than candid, investors become less tolerant of discretion, complexity and outcomes that feel insulated from consequences. Importantly, accountability in 2025 did not stop at remuneration resolutions. Director elections and other AGM motions increasingly carried the same message: shareholders will use the ballot paper when the board is not listening. James Hardie (JHX) was the clearest reminder that shareholder power is real. Its AGM resulted in shareholders voting out the chair and two directors, voting against the remuneration report, and rejecting proposed increases to non-executive director fees. That is not a routine protest. It is a board-level rebuke delivered through a company’s own constitutional machinery. It also speaks to a deeper point: when material decisions proceed without a shareholder vote, boards should not be surprised if shareholders express their view elsewhere, including in director elections. There is another irritant boards should not ignore, and it sits squarely in the AGM process. Retail shareholders do not want to see their money spent on campaigns designed to change voting outcomes rather than improve the underlying proposal. This is not about legitimate investor relations. It is about use of shareholder funds for what looks and feels like vote management: consultants, scripts, selective engagement, and pressure tactics in the weeks before a contested resolution. If a resolution is sound, make the case directly in the notice of meeting. Explain the trade-offs. Disclose the material costs clearly and prominently. Answer questions in full, including the ones that challenge the board’s preferred narrative. Then accept the vote. Spending shareholder money to manufacture consent is not a substitute for governance. It signals the board does not trust the merits of its own position. ANZ was delivered a second strike when more than 32% voted against the remuneration report. The other arena where trust was tested in 2025 was the AGM experience itself. Hybrid AGMs are no longer novel, and they should not be framed as a concession. They are the baseline expectation for an investable market with geographically dispersed owners. A hybrid AGM works only when online participation is genuine: shareholders can ask questions, follow the process, and vote with confidence. A one-way broadcast is not access. When shareholders sense the meeting is being managed to reduce scrutiny rather than facilitate it, dissatisfaction lingers long after the chair’s closing remarks. Board effectiveness also moved further into the spotlight. Investors are less interested in generic statements about “experience” and more interested in evidence that a board can govern through complexity: a credible skills mix, genuine renewal planning and directors with the time to do the job properly. Chair leadership matters here. A strong chair does not treat the AGM as a performance to be controlled. They treat it as the owners’ forum, and run it accordingly. The survey results point to another theme that routinely surfaces at AGMs: capital discipline. Investors are watching capital allocation decisions more closely, particularly acquisitions, buybacks and the equity raisings that can dilute existing owners. When boards ask shareholders to approve a transaction, or x accept dilution through placement-heavy structures, they need to show their workings. Retail investors may not have the same access to management as institutions, but they can read a balance sheet and they can vote. Looking ahead, governance pressure will not ease. Market structure is shifting, and more Australians are exposed to assets held outside listed markets through superannuation and managed funds. As capital moves into less transparent settings, the need for robust governance, credible valuation practices and clear management of conflicts becomes more important, not less. Trust cannot be assumed when visibility declines. So what should boards take from 2025 as they look into 2026? First, treat trust as an asset that must be earned continually, not a reserve that can be drawn down whenever it suits. That means ethical leadership, clear accountability, and decisions explained in plain English, not disclosed defensively. Second, treat shareholders as owners in practice. Run AGMs for participation, not performance. Provide genuine hybrid access. Answer questions with substance. Third, stop using shareholder funds to campaign shareholders into supporting contested AGM resolutions. If the board’s position depends on consultants, scripts, and pressure tactics, it is time to revisit the substance here and now, not after the vote. Fourth, simplify and strengthen the link between reward and long-term value creation, and be candid about outcomes. If boards want shareholders to back ambitious incentives, they must be prepared to justify them clearly and accept the consequences when the justification does not hold.

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12/30/2025

Target Stock Needs a Spark. An Activist Investor Could Provide It

Barron's (12/30/25) Escobar, Sabrina

Target’s (TGT) recent struggles appear to have attracted an activist investor. It could be just the catalyst the stock needs, one analyst says. Last week, the Financial Times reported that hedge fund Toms Capital Investment Management had built up a significant stake in Target, citing people familiar with the matter. The size of the stake is unknown. Target didn’t immediately respond to a request for comment from Barron’s. A spokesman for TCIM declined to comment. TCIM has taken activist positions pushing for change at Kenvue (KVUE), Kellanova, and U.S. Steel. Target stock is up 7% over the past month, compared with a 0.8% increase in the S&P 500, and the fund’s involvement could help keep the rally going, Wolfe Research analyst Spencer Hanus says. The shares trade at about 15 times the earnings per share expected over the next year, and most investors expect profits to decline over that period, priming the stock for a so-called “hope trade,” Hanus wrote in a research note Monday. A hope trade happens when investors buy a stock not because a company’s fundamentals are good, but because poor performance has already been reflected in the price, so any good news could move the stock higher. In this case, the hope is that an activist could push the company to make big changes. “An activist can help drive the ‘change narrative’ at Target, which would be a positive since the current messaging with Michael Fiddelke taking over as CEO has made it seem to investors that there won’t be much change,” Hanus wrote. “We don’t think that is a totally fair assessment, but perception is reality.” Hanus rates Target stock at Underperform with an $81 price target, while the shares were at $97.50 on Tuesday morning. This isn’t Target’s first tango with an activist investor. In the wake of Target’s announcement that current CEO Brian Cornell was stepping down, activist group The Accountability Board filed a shareholder proposal aimed at keeping him from chairing the board of directors. And Bill Ackman’s Pershing Square Capital Management launched an activist campaign in the late 2000s, pushing for the company to spin off its real estate and sell its credit-card operations. Ackman’s campaign led to a proxy fight after the stock took a tumble in response to the 2007-09 financial crisis. Target eventually won. Activists could again push for Target to sell off its real estate, a popular approach in other campaigns involving retailers. But Hanus said that would make him more cautious on the company’s longer-term future, given that most Tier one retailers still own a significant portion of their real estate. Target stock is down 28% this year, reflecting investor concerns over the company’s market-share losses and sluggish sales. Annual revenue has declined for two consecutive fiscal years, falling 1.6% in the 12 months through January 2024, and 0.8% in the fiscal year ended this January. Once viewed as a retail winner, Target has suffered from a dearth of merchandise, skimpy staff, and messy stores. High inflation and economic uncertainty exacerbated those issues, prompting consumers to spend less on the discretionary items that have long been Target’s forte. On top of switching things up at the C-suite, Target is planning to invest $5 billion in 2026 alone to improve its stores and merchandising strategy. The company also recently announced layoffs. Those efforts should help jump-start the business, Hanus wrote, but it will take time for them to show up in the results. And there is still more opportunity to improve, he added, such as increasing labor hours in stores, refreshing merchandise, and spending more on advertising.

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12/25/2025

End of Shareholder Revolt Register ‘Will Help UK Firms Bury Pay Controversies’

Guardian (UK) (12/25/25) Makortoff, Kalyeena

UK-listed companies will be able to bury controversies over executive pay for the first time in eight years, a thinktank has warned, after the Labour government shut down a public tracker meant to curb “abuses and excess in the boardroom." The public register was launched under the Tory Prime Minister Theresa May in 2017 to name and shame companies hit by shareholder revolts at their annual general meetings (AGMs). That included rebellions over issues such as excessive bonuses or salary increases for top earning bosses. However, the Treasury – under the chancellor, Rachel Reeves – instructed the Investment Association (IA), the UK asset management trade body that maintained the register, to shut it down this autumn as part of a wider regulation action plan to increase economic growth by cutting “red tape” for businesses. The closure of the public log follows lobbying campaign by companies including the London Stock Exchange, whose bosses claim bad publicity over executive pay is harming the City’s competitiveness and deterring UK listings. However, the High Pay Centre, a thinktank, is warning the move will harm transparency and make it easier for companies listed on the FTSE All-Share Index to dismiss investors’ concerns, starting in the 2026 annual shareholder meetings season. “This is worrying, from our perspective,” Paddy Goffey, a researcher at the thinktank, said. “This would make it more likely that significant cases of shareholder dissent on issues of pay, governance and wider strategy will go unnoticed.” About 26% of FTSE 100 companies have had a shareholder rebellion against executive pay over the past three years. Dissent is considered a shareholder rebellion if 20% or more of the vote is against a specific resolution. “This reflects the significant levels of dissent within shareholder votes and how crucial such information is for investors and other stakeholders,” Goffey said. The High Pay Centre acknowledged corporate reporting rules could be burdensome and complex, and should be streamlined. However, that should not include discontinuing tools such as the register that provided genuine value to stakeholders, the thinktank said. The closure added to other “worrying trends” around corporate transparency such as the shift to online-only AGMs. Rather than closing the register, companies should be forced to provide more detailed explanations about the reason for shareholder dissent and how their boards planned to respond in the future, the High Pay Centre said. “Ultimately, discontinuing the register will make it much harder and more time-consuming to gather the relevant data and information, as such data could be ‘buried’ in complex filings, AGM results or lengthy reports,” it added. The decision illustrates the significant cultural shift that has taken place across the City since the May government launched the world’s first public log of dissenting shareholder votes in order to “restore public confidence in big business." “It [the register] definitely had a role in holding companies to account in the early years, especially on remuneration, and for a while companies truly did worry about the prospect of being named on the register,” said Yousif Ebeed, the corporate governance lead at the assent managers Schroders. “And at the time, there was a sense that companies were not giving sufficient weight to shareholder concerns. The register helped shine a light on these companies, to an extent kickstarting an environment where transparency and shareholder engagement have become embedded practice.” Fast forward to 2025, and City campaigners are raising fears that the UK is losing out on investment to the US, where Donald Trump has embarked on a “bonfire of regulation” in an attempt to lure money and business. The U.K. Treasury said in October tit was “grateful to the IA for establishing the register following a request from government” but that the public log had “served its purpose." The Treasury added that the corporate governance code “already offered transparency for investors." Ebeed said most institutional investors would remain “unaffected." However, at a time when the government is pushing for more of the public to buy up UK shares, there is a fear that small retail investors could be left at a disadvantage. “The reduction in transparency and knowledge on company practice could reduce the ability of investors to make informed decisions,” Goffey said. “Having all this data in one place also makes it easier to track discontent, identify trends and compare companies or sectors. It is plausible that, with the raising of the barrier to holding companies accountable in this way, they [companies] will be less likely to take such dissent seriously and respond appropriately.”

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12/23/2025

Foreign Activist Funds Step Up Pressure on Korean Companies

Pulse - Maeil Business News Korea (12/23/2025) Jeong-suk, Kim; Yubin, Han

Foreign hedge funds are stepping up actions ahead of the first regular shareholders’ meeting season under the Lee Jae-myung administration, which emphasizes the rights of minority shareholders. James Smith, founder and chief investment officer of UK-based Palliser Capital, said in an interview with Maeil Business on Monday that LG Chem must address what he described as a deep undervaluation or face increased scrutiny at its upcoming shareholder meeting. Smith noted that if LG Chem (051910) does not formally acknowledge its unprecedented undervaluation, the regular shareholders’ meeting will become a stage to rally the market. Palliser urged LG Chem to use proceeds from the sale of its stake in LG Energy Solution Ltd (373220) to repurchase its own shares. The fund said it holds more than 1% of LG Chem’s shares, placing it among the company’s top 10 shareholders. Smith added that it is maintaining a stake sufficient to submit a shareholder proposal or to actively cooperate with other shareholders who share our concerns. Market participants expect Palliser Capital to raise governance issues at LG Chem’s shareholder meeting, including the appointment of audit committee members. Under revised Korean commerce rules, listed companies with assets of more than 2 trillion won ($1.35 billion) must appoint two outside directors to their audit committees. Many large companies are expected to make additional audit committee appointments at their regular shareholder meetings next year, a process that activists could use to push for board representation through shareholder proposals. “The upcoming proxy season is likely to see a sharp rise in shareholder activism,” said an asset management executive who asked to be unnamed. “Next year’s shareholder meetings are expected to see a significant increase in shareholder proposals compared with previous years.”

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12/22/2025

Opinion: SEC Suspicion of Shareholder Proposals Hurts Corporate Democracy

Bloomberg Law (12/22/25) Stone, Daniel

Daniel M. Stone, counsel at Olshan Frome Wolosky, writes that the Trump administration’s view is that companies should prioritize increasing shareholder value rather than address stockholder proposals—particularly those related to environmental, social, and governance issues. The White House issued an executive order in December to limit the ability of these proxy advisers to make shareholder recommendations. The Securities and Exchange Commission (SEC) appears to have adopted that view in recent public statements, but that position could undermine corporate democracy by curtailing shareholder proposals to comport with that view. SEC Chair Paul Atkins explained his goal to refocus shareholder meetings on “significant corporate matters” during a keynote address in October. He argued that non-binding stockholder proposals consume substantial management time and impose unnecessary costs on a company. Atkins’ comments presuppose that a company’s directors and managers’ views on what constitute “significant corporate matters” should carry more weight than the company’s stockholders. He presumes that many stockholders—the actual owners of the business to whom directors owe fiduciary duties—are provocateurs seeking to distract directors. This view is outdated. Shareholder proposals, once primarily used by social activists, are now a common tool for institutional investors who want to promote good corporate governance. Such proposals provide a cost-effective way for stockholders to voice their opinions without launching a costly and complex campaign to replace board members. They’re an efficient tool for shareholders to communicate with directors that is much more nuanced than the blunt instrument of directorial elections. Despite this, the SEC under Atkins appears to view all shareholder proposals with suspicion. Its Division of Corporation Finance last month announced a substantial change to how it is approaching Rule 14a-8, which normally restricts a company’s ability to exclude procedurally valid shareholder proposals. For the 2025–2026 proxy season, the Division of Corporate Finance will accept any company’s representation that it had a “reasonable basis” to exclude a proposal and won’t object to that exclusion. This effectively gives companies unrestricted power to reject shareholder proposals without SEC review. It means management’s perspective on corporate policy will be the only one expressed during the upcoming proxy season. SEC Commissioner Caroline Crenshaw said the announcement “is the latest in a parade of actions by this Commission that will ring the death knell for corporate governance and shareholder democracy, deny voice to the equity owners of corporations, and elevate management to untouchable status.” Crenshaw’s summary is apt—the SEC’s new stance reverses the traditional notion that management is accountable to shareholders. Although Rule 14a-8 proposals are typically non-binding and can’t force directors to act, they serve an important purpose: They allow shareholders to give directors guidance on their preferred course of action. Most shareholder proposals provide directors with valuable information at a fraction of the cost of a contested board election. This upcoming proxy season, with likely fewer shareholder proposals, will produce valuable data. If the SEC’s policy causes proposals to plummet, we can better assess the validity of concerns about management distraction and costs. For example, companies can compare the costs of managing their annual meetings this year, with fewer shareholder proposals, with the cost of annual meetings with numerous shareholder proposals, and actually determine just how marginally expensive shareholder proposals are for companies. Likewise, directors claims of distraction, while subjective, can be put to the test. However, shareholders who disagree with the directors’ managerial decisions may be forced into more expensive and distracting proxy fights to replace directors. It will be interesting to see whether the decision to effectively eliminate shareholder proposals leads to closer collaboration between directors and those shareholders with large shareholdings or personal relationships to directors, who can still communicate their managerial preferences to the board with a shareholder vote. Assuming companies provide unbiased reports on cost differences from shareholder meetings and board impacts, this data will be crucial. With trustworthy information on the actual costs and benefits of shareholder proposals, both sides can have a better educated debate on whether these proposals are a legitimate tool for corporate democracy or a method of harassing corporate boards.

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12/19/2025

The Man Flown In to Make Amends for the Deals Scandal of the Year

Australian Financial Review (12/19/25)

There are listening tours, and then there are listening tours like Nigel Stein’s, a softly spoken 69-year-old Scotsman tasked with cleaning up Australia’s biggest corporate mess. Stein was spotted darting between fund managers’ offices in Sydney this week, on his first trip to Australia as the new chairman of James Hardie (JHX). He told investors he had come from London to listen. And listen, he had to. His Australian investors have a long list of gripes: James Hardie’s $14 billion Azek acquisition – so much bigger than expected, structured to avoid a shareholder vote, an inferior business to the core fiber cement operations; its cash-heavy remuneration structure; its yo-yo-like quarterly earnings updates; its greedy price increases in the US; and its antagonistic approach to long-term Australian shareholders. There wasn’t a lot of apologizing or contrition, even after James Hardie’s year from hell that culminated in chairwoman Anne Lloyd and two other non-executive directors being voted off the board at the AGM seven weeks ago. Apparently, Stein and others on the board had not realized how hot the temperature got or the lengths James Hardie had gone to antagonize its Australian shareholders. Stein backed his chief executive, Aaron Erter – who is hugely controversial with Australian investors because of the way he’s paid (quantum and structure), his management style, and that fateful Azek deal – and promised to be back with his remuneration people early next year to talk about how to pay Erter long-term, according to three investors with knowledge of the meetings. He told them he’d been to James Hardie’s Rosehill manufacturing plant – not long ago, the bedrock of its operations – and even wrote down a few investor suggestions on who could fill the vacant “Australian director” seat at his $25 billion (including debt) company’s boardroom table. He said it was important that James Hardie keep growing (or any business keep growing for that matter), as one source put it. The verdict? Five out of 10, which is an improvement. Two investors say they would’ve preferred Stein had said Erter was “on notice” rather than backing him unreservedly, at least until the Azek acquisition proves itself. They liked that he was straight about chief financial officer Rachel Wilson’s resignation last month. One investor called him thoughtful and respectful. At least he isn’t American, said another. But the main thing is he turned up, as he should when more than 70% of the company’s shares still trade on the ASX and his share register is rioting. Stein said Erter would also do the rounds with fund managers early next year, as he also should. If nothing else, that’s a change from the old guard. Former chairwoman Lloyd, from North Carolina, didn’t make it to Australia to fight for her job ahead of the AGM, which proved to be the final blow for pissed-off fund managers and their proxy advisers after a big and controversial M&A deal, subsequent earnings downgrade and some remuneration target tinkering that made a mockery of its growth spiel. It got so antagonistic between James Hardie’s board and shareholders that Australian fund managers couldn’t get more than a short group meeting at an ungodly hour with management or the board. As the situation deteriorated, the board treated them like hostile activists, not long-term active shareholders, and was poorly advised by bankers and lawyers in the United States, who wouldn’t know Greencape from Greenland or WaveStone from Blackstone. Ironically, the Aussies voted off the one director they did have – former Bunnings chief operating officer Peter-John Davis – and were OK to see James Hardie’s board flooded by Azek types, even though they thought their company had overpaid and hated the deal. So what started as a popular U.S. growth play trading at a healthy 23 times forecast profit, even in a soft housing market with what investors thought were supposed to be small M&A plans, turned into Australia’s corporate and deals story of the year. It has got the Australian exchange operator, the ASX, proposing listing rule changes that would make it harder for ASX-listed companies to indiscriminately do large M&A deals, and reignited tensions between large active fund managers and boards and their investment bankers about acquisitions, full stop. It has also kick-started a conversation about corporate governance and boards, management remuneration, shareholder activism, quarterly reporting, a company’s responsibility to manage consensus, the shrinking ASX and why companies want to leave the exchange, and proxy advisers. Four big proxy advisers came out hard against director re-elections for the same reasons and using almost identical language, which is unheard of in the Australian market, and contributed to the demise of Lloyd and her two fellow directors.

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