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GOVERNANCE CHALLENGE

Companies today are challenged to meet various corporate governance requirements ranging from those mandated by regulations to those expected by investors. Governance failures are often due to ineffective service by Board advisors and inadequate controls on governance processes. In resource constrained companies, the general counsel or the CFO hold the title of Corporate Secretary and may have the sole responsibility for governance, with little or no internal support. Governance functions can sometimes be fragmented across company departments, with little or no oversight or coordination. Outside counsel can provide guidance, but implementation almost always falls to the Company.

How Sound is Your Program?

     · Is your Board spending more time on compliance and less time on strategy?
     · Is your Board satisfied with the support it receives from the company?
     · Are you meeting the SEC and stock exchange requirements for effective corporate governance?
     · Do you have the right Board members?
     · Do you have a strong Board evaluation process?
     · Are your Board and Committees properly staffed and getting what they need to satisfy their fiduciary obligations and
       to function properly?
     · Are meetings well planned, well attended and properly documented?
     · Do you have an effective Board orientation and education effort?
     · Are the right resources in place to interact with your Board and implement your governance practices?
     · Are you confident that you have adequate equity grant practices and governance?
     · Are your investors satisfied with your governance practices?

 

“You know the worst thing about art forgery? You can't take credit for your work.”