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Vol 5: Issue No.Q1 : Jan-Mar, 2005
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Hony. Editor
Dr. Bindi Mehta
Professor & Chairperson (Research & Publications)
Narsee Monjee Institute of Management Studies
(Deemed University)
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International Events
CalPERS President ousted

The president of the California Public Employees Retirement System (CalPERS), America’s largest public pension fund, (with US $177 billion in its care on behalf of 1.4 million members), was voted off the fund’s board. Sean Harrigan, a union official, has headed CalPERS since February 2003. Under him, it has headed efforts to clamp down on exorbitant executive pay, auditors’ conflicts of interest and much else in companies in which it has stakes. The CalPERS Personnel Board, which rescinded Mr. Harrigan’s appointment, replaced him with a Republican. Mr. Harrigan claims that California’s Republican governor; Arnold Schwarzenegger, teamed up with business interests to force him out. The governor’s office stoutly denies such “conspiracy” theories.

The trouble is not CalPERS’ activism as such. Since the 1980s the fund has been agitating for improved corporate governance. It has homed in on deficiencies like the use of poison pills to prevent takeovers and shareholders’ inability to nominate directors to boards. The cause is a worthy one, and other state pension funds have followed CalPERS lead, albeit more quietly.

What is next for CalPERS? Mr. Harrigan says that his departure will not reduce the fund’s commitment. Steve Westly, the state controller and a moderate member of the CalPERS board has vowed that the fund will continue to lead battles for corporate governance reform. Other big public pension funds, though less politicised than CalPERS, are watching with interest. Many believe that, despite Mr. Harrigan’s blundering and lack of tact, his outsing represents a coup for opponents of reform.

 
United States: Amendment of NYSE Corporate Governance Listing Standards

Effective November 3, 2004, the Securities and Exchange Commission approved amendments to the New York Stock Exchange corporate governance listing standards, contained in Section 303A of the NYSE Listed Company Manual. These amendments contain both clarifying language and substantive changes to the prior standards.

TSX Adopted New Guidelines For Effective Corporate Governance

The Toronto Stock Exchange ("TSX") has adopted a number of guidelines for effective corporate governance. Under the new rules of the TSX Venture Exchange, companies listed on Tier 1 of such exchange are required to disclose to shareholders on an annual basis their approach to corporate governance with reference to the TSX guidelines.

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IFAC to work with UN on corporate governance
The global accounting body signed a memorandum of understanding with the United Nations Conference on Trade and Development to collaborate on achieving greater recognition of the value of good governance, reliable accounting and clear accountability. It is hoped the work will act as a route to economic growth and social development.

Early projects between the two organisations will focus on education and training programmes, as well as corporate governance.

IFAC has also established a working group, headed up by the Auditor General of Australia, Patrick Barrett, to identify other initiatives that can be undertaken in this area.

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Guidelines for Corporate Governance of State-Owned Enterprises

OECD has issued (in April 2005 after due processes of consultation and draft for comments) the Guidelines for Corporate Governance of State-Owned Enterprises complementing the main principles of corporate governance. The document validates and reflects the thinking published by Yaga Consulting and the Academy of Corporate Governance since 1997 and the First Principles of Corporate Governance for Public Enterprises issued in 2000.


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© 2005 Academy of Corporate Governance