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What i mean is that the shareholders should be able to reclaim lost value from any CEO who can be found to should have known the company was breaking the law, i
by Stranger43 5y ago
What i mean is that the shareholders should be able to reclaim lost value from any CEO who can be found to should have known the company was breaking the law, in civil court.
The shareholders should be held financially responsible for any fines not levied directly at the board or the executive team, hence why their liablity should be capped to the value of the shares.
The point is to force the large institutional investors to really care about the integrity of the boards they elect, so it might be worth putting in an lower limit to exclude retail investors with trivial amounts along with holders of non-voting shares from liability.
The government would not be holding or owning the share they would be paid their fine in USD raised by the company from either newly created shares, or fresh investment in the case it's not publicly traded. And if they cant it's up the current owners to either pony up loose all of their investments. It should be up to the company fined to market those shares not the goverment.
Remember that issuing shares without generating investment money devalue the existing shares, which is the point of the operation.
IT might not be the one true solution but letting fines be paid from revenue disincentivize the owners from caring that much about legal fines.