Proposal for new legislation4 Mar 2023 14:30
Based on my years of amateur (some might say amateurish) investing, managing my portfolio of relatively small holdings of shares, I am considering writing to the Home Secretary recommending legislation is passed to introduce a new crime into UK law. The legislation would be called the Prevention of the Abuse of Small Shareholders Act.
In general terms the Act would provide that any company Chairman (or woman), company Secretary, Director (exec or non-exec), employee , independent contractor or any person of significant influence in a company, either currently or in the past, who is or has been in receipt of a ridiculously high salary, unearned bonus, outrageous share privileges or any other benefit at a time when they performed no useful function or performed such a function without substantial benefit to the company should be guilty of the offence of abusing the company's shareholders.
Performance would be assessed by reference to the to the value of dividends paid to shareholders and the company's share price at all relevant times.
Persons found guilty of the offence of abusing shareholders would be subject to a custodial sentence of between 25 years and whole of life. The Act would also empower the presiding Judge to confiscate any/all remuneration/benefits received by an offender during any period he/she was found to be in breach of the Act with all funds thus confiscated being distributed equally to the company's shareholders by way of a special dividend. Naturally persons found guilty of an offence under the Act and their families/associates would be excluded from this dividend.
Trial would be by jury and in order to achieve a satisfactory level of convictions membership of the jury would be limited to those shareholders of the company in question who were victims of the defendant's crimes-sorry, alleged crimes.
The Act would also stipulate that any person (such as a person with a large shareholding) who had colluded or conspired with, or otherwise assisted in the commission of an offence under the Act by another person would also be guilty of an offence, punishable in the same way as for primary offender.
Finally the legislation would provide that the remuneration packages of all the afore mentioned persons, should be subject to the approval of all small shareholders excluding those who had been in receipt of any special share privileges not open to all shareholders.
Clearly in submitting this proposal to the Home Secretary it will be useful to quote examples of companies/individuals who conducted themselves in ways the Act is intended to prevent. So, if any member of the forum can bring to mind any such examples I would be grateful if they could provide details.