The Online Flaw With Shareholder Democracy

Published in Investing on 15 June 2012

Are you playing your part in the 'Shareholder Spring'?

In recent weeks, we've seen a number of encouraging victories for shareholder democracy, most recently the 60% vote against the remuneration report at advertising giant WPP (LSE: WPP).

While it's yet unclear what impact the vote will have on Sir Martin Sorrell -- the vote isn't binding -- the current so-called 'Shareholder Spring' has certainly seen such protests prove terminal for the jobs of other chief executives.

At insurance and investment firm Aviva (LSE: AV), for instance, chief executive Andrew Moss fell on his sword. At Trinity Mirror (LSE: TNI), it was the turn of Sly Bailey to go. And at AstraZeneca (LSE: AZN), David Brennan.

Elsewhere, as at Barclays (LSE: BARC), for instance, shareholders delivered a bloody nose, but those at the top kept their jobs. In the case of Barclays, one well-known Fool was actually interviewed on television, expressing disquiet. All credit to shareholder action group ShareSoc for its role in this, too.

Disenfranchised

At which point, I have a confession to make. And it's a confession prompted by a recent post on our discussion boards.

Namely, that in these and other shareholder revolts -- such as the recent defence of shareholder rights and value at Lees Foods (LSE: LEE) -- significant numbers of private investors, myself included, haven't voted. And not necessarily through apathy.

That's because many of us hold our shares through 'nominee holdings' at execution-only online stockbrokers and the like. And, as such, we don't receive voting papers.

In fact, I'm ashamed to say, apart from my direct holding in investment trust Scottish Mortgage (LSE: SMT), where I'm physically sent voting papers in the post, I haven't voted in years.

Speak up

In short, I've resolved that this should change. Not that I expect my holdings in giants such as GlaxoSmithKline (LSE: GSK), Tesco (LSE: TSCO), Unilever (LSE: ULVR) or BAE Systems (LSE: BA) to be big enough to be able to influence matters one way or another.

But because -- as with democracy in general -- it's not necessary for there to be a majority for those at the top to pick up a groundswell of opinion.

And while most of the time there isn't a great deal to have an opinion about, with votes often being concerned with matters such as the re-election of directors, I did have an opinion at Aviva, but wasn't able to express it, despite being a shareholder.

What to do?

Individuals' circumstances vary, as do the workings of their online execution-only brokerages. I can only tell you what I've done, based on what I've found out from my principal broker.

Simply put, one has to register to vote, in the same way that one has to register for shareholders' perks. Register, and you'll get the vote, along with the relevant papers. Don't, and you won't.

And for those of you who use the Motley Fool Share Dealing Service, I can tell you that those provisions apply there, too.

Elsewhere, there's excellent guidance and advice contained on this handy ShareSoc page -- along with an online 'e-petition' seeking an improvement in the way these things are managed.

Oils, Pharmaceuticals, Banks, Telecoms -- just where should you invest today? "Top Sectors Of 2012" is the Motley Fool's latest guide to help Britain invest. Better. The report is free.

More investing ideas from Malcolm Wheatley:

> Malcolm owns shares in Aviva, AstraZeneca, Scottish Mortgage, GlaxoSmithKline, Tesco, Unilever and BAE Systems. The Motley Fool owns shares in Tesco.

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Comments

The opinions expressed here are those of the individual writers and are not representative of The Motley Fool. If you spot any comments that are unsuitable hit the flag to alert our moderators.

MunroMan 15 Jun 2012 , 2:40pm

Or hold your investments in a fund that follows the stewardship code and votes its holdings.

UncleEbenezer 15 Jun 2012 , 3:01pm

"Simply put, one has to register to vote, in the same way that one has to register for shareholders' perks. Register, and you'll get the vote, along with the relevant papers. Don't, and you won't."

Register? With whom, and by what process?

Bravefish 15 Jun 2012 , 3:25pm

I'm wih TD, if you select the right options- you get notification of AGMs etc and the ability to vote

MDW1954 15 Jun 2012 , 3:53pm

Register? With whom, and by what process?

Your broker, if it offers that facility. (See the ShareSoc link.)

Malcolm (author)

TrafficCop 15 Jun 2012 , 4:31pm

If you hold shares in an ISA (which currently has to be a nominee account) then only your stockbroker can give you a vote). But many do not, so change to one who does. Glad to see the Motley Fool broker does.

But if you hold shares other than in an ISA, then get shot of your nominee account and open a Personal Crest account (which only certain brokers offer - APCIMS shows you which brokers support that). This is the low cost, foolproof way to have all your rights (not just voting rights) you should have as a shareholder in a company.

See the ShareSoc web site for more details on Personal Crest accounts. Why don't more brokers offer them? Primarily because its more in their interest than yours to have you in a nominee I suggest!
So stop being a patsy and search out those who do.
Roger Lawson

blackwhite 16 Jun 2012 , 8:00am

iii were utterly unhelpful on the ISA held with them, yet another reason why I am moving. TMF ISA responded to a secure message saying I should contact them via Live Assistance or phone to arrange and I did, nearly two months ago. Nothing so far!

This needs Sharesoc attention to lobby to make it mandatory to give the reins of voting to shareholders.

BankOfBob 19 Jun 2012 , 6:12pm

As a shareholder of Cosalt PLC (CSLT) I can assure you that the private investors in that company are very much part of the Shareholder Spring. We are pushing it into summer and for as long as it takes.
We are currently in a fight with the Chairman for the future of the company. We defeated him earlier in the year on his proposed cheap-takeover at an EGM, and are now lining up against him at the up-coming AGM this month.

The SORT (Stop the Oval-Ross Takeover) campaign is trying to ensure that all shareholders get their voting rights to be able to vote NO at the AGM, but it has indeed proved very hard work with some of the nominee account brokers. Any Cosalt shareholders are welcome to join us; see http://www.savecosalt.com for details.

We are also supporters of the ePetition mentioned earlier. All individuals need to be more aware of their rights or lack of rights.

BoB

woolian 20 Jun 2012 , 2:41pm


This is the response I received from HL when I asked about obtaining Annual Reports, Attending AGM/EGMs and Voting:

"Although our Vantage Terms & Conditions state that we will levy a nominal charge for providing clients with a hard copy of the annual reports and accounts of investments they hold with us as well as for voting and attending shareholder meetings, in reality we do not actually levy this charge.

The annual reports and accounts of companies are available for free on our website. However, if you would like to receive hard copies of these via the post you can do so by responding to this message with your request. Please note, in order for us to do this we need to forward your details to company registrars in order that you be added to their mailing list to receive the reports.

Regarding voting and attending meetings, again both these can be organised but we will not prompt you to do this automatically. Therefore, if you discover there is a meeting you would like to attend or you would like to vote on something you are entitled to we can arrange this for you and you should submit your request to us via the post, over the telephone or by email (acceptances@hargreaveslansdown.co.uk)."

Regards all

Max1980 22 Jun 2012 , 12:02am

The Halifax share dealing account make it very easy!!
Call, email or live chat and say that you want to recieve notifications of agms and they will send you all the notices to your home address with postage paid envelopes to send it back to them.

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