Small business need-to-know SEC update.
Excerpt: In a prior bulletin, SLB No.14F, the SEC had reconsidered its view as to who constitutes a “record holder” for purposes of Rule 14a-8 and indicated that only DTC participants may provide adequate proof of ownership for shareholder proponents. Consistent with its no-action letter decisions during 2012, the Staff indicated in this bulletin that it would also view ownership letters from affiliates of DTC participants as satisfying the proof of ownership requirement.
Also, the Staff indicated that a shareholder who holds securities through a securities intermediary that is not a broker or a bank can satisfy Rule 14a-8’s documentation requirement by submitting a proof of ownership letter from that securities intermediary. If the securities intermediary is not a DTC participant or an affiliate of a DTC participant, then the shareholder will also need to obtain a proof of ownership letter from the DTC participant, or an affiliate of the DTC participant, that can verify the holdings of the securities intermediary.
Read full article via SEC Legal Bulletin on Shareholder Proposals — The Harvard Law School Forum on Corporate Governance and Financial Regulation.
Small business of-interest. The perspective isn’t what is so unusual in this article — in my opinion, it is the definitions insights and solutions put forth. What do you think? Cash management
Excerpt: It is hard to imagine a financial crisis that is not ultimately caused by creditors who had taken on too much debt. Debt is the root cause of most corporate financial failures and, if a snowball effect sets in, the root cause of financial system failure. Of course, debt also has advantages. Without debt, many privately and socially valuable projects could never be undertaken. Still, it is our current tax system that has pushed our economy to be too levered. Now is the time to address the problem—before it will again be too late.
From a creditor’s perspective, the two key advantages of debt are the tax deductibility of interest payments and the ability of lenders to foreclose on non-performing borrowers (which makes it in their interest to extend credit to begin with). Although both factors contribute greatly to the incentives of the borrower to take on debt, there is one important difference between them: the tax deductibility of debt is not socially valuable.
To explain this issue, let’s abstract away from the beneficial real effects of debt and consider only the tax component
Read full article via A Simple Tax Proposal to Improve Financial Stability — The Harvard Law School Forum on Corporate Governance and Financial Regulation.
HOME page highlights today include:
– 50 Halloween desktop wallpapers to copy and use — cool.
– affordable care act changes for 2013 – you need to know these
– Grant Thornton gives us an update of their Compensation & Benefits Bulletin
– your next problem — your employee is now a big personal brand
– CFO.com’s special digital edition for private companies
– affordable and manageable big data for small business
– know what competitive intelligence is — upgrade your team
– more stats on why small business should blog
– develop your memory — it helps immeasurably in all your responsibilities
– Gartner gives us the 2013 update on technology trends
– brain performance test (cool) with a specialized report to show what you need
– plus there is even more today – explore all!
Halloween is a favorite for some. Please stay safe tonight and HAVE FUN!!
In keeping with today’s Halloween theme, here are 50 choices of desktop wallpapers you can save and use. Small business tools
Excerpt: Every Festival, I will compile some Wallpapers to Beautify our Desktop with the Wallpapers.
50 desktop wallpapers to click and use via 50 Scary Halloween Desktop Wallpapers. From Design Skew
Small business need-to-know — changes becoming effective in 2013. Human resources management
Excerpt: The Affordable Care Act was enacted on March 23, 2010 and includes the following important tax provisions that take effect in 2013.
Read full article via Affordable Care Act Changes in 2013 | Intuit News Central.
CFO.com is offering a special free digital edition — contents are specifically for private companies and their concerns. Small business
CFO Magazine Playbook Fall 2012. From CFO.com
Small business of-interest, need-to-know and news-to-watch.
Excerpt: In this article, we focus on the problem of creditor conduct in distressed firms — for which policymakers ought to have the economically-sensible repositioning of the distressed firm as a central goal. This problem has vexed courts for decades, without coming to a stable doctrinal resolution. It’s easy to see why developing an appropriate rule here has been difficult to achieve: A rule that facilitates creditor operational intervention going beyond ordinary collection on a defaulted loan can induce creditors to intervene perniciously, to shift value to themselves. But a rule that confines creditors to no more than collecting their debt can allow failed managers to continue mismanaging the distressed firm, with the only real alternative to the failed incumbent management — the creditor — being paralyzed by unclear and inconsistent judicial doctrine.
The article proceeds in four steps. For the first step, we show that existing doctrines do not address themselves to facilitating efficacious management of the failing firms. Yet with corporate and economic volatility as important as ever, courts should seek to make doctrine here more functionally-oriented than it now is.
Read full article via A Capital Market, Corporate Law Approach to Creditor Conduct — The Harvard Law School Forum on Corporate Governance and Financial Regulation.
Good read. Find out what other small businesses are using to mine big data they can afford and use.
Excerpt: When Kobie Fuller was hired as chief marketing officer at Revolve Clothing, in July 2011, one of the major challenges he faced was how to encourage customers to become repeat buyers.
He was sure that the answer lay somewhere in the mass of customer-order data the 160-employee online apparel retailer collects daily. But when he arrived, that data was stored in a difficult-to-navigate database. Pulling sets of data meant asking an IT guy to run a special query. And even figuring out where to start was tricky. Revolve’s data reached back to when the company was founded, in 2003. “I wanted ready access to key statistics without begging someone to mine the data for me,” says Fuller.
Read full article via Big Data for Small Businesses | Inc.com.
Check out the stats for small business and startups. Human resources
Excerpt: The Intuit Small Business Employment Index is a measure of employment for firms with fewer than 20 employees. It is derived using aggregate and anonymous online employment data for approximately 170,000 small business employers, a subset of the more than 1 million businesses using Intuit Payroll. These smallest employers are important to the economy as they comprise 87 percent of the total U.S. private employer base and employ 19.4 million people.
Read full article via Intuit ® Small Business Employment Index | Small Business Employment Trends.
HOME page highlights today include:
– assess your learning style – improved learning = improved effectiveness!
– either “you got it or you don’t” 🙂 executive presence that is!
– interesting read of top business school professors – search their works!
– vendors and NPD – a long read download of 13 pages – recommended!
– long read download of 26 pages – “After Broadband” – recommended!
– make most of guest blogging — yeah, SEND ME YOUR ARTICLE!
– plus even more today as usual — and then to archives !
INFOGRAPHICS page today includes a new post:
– How Social Media is Destroying Productivity
– we posted a new one yesterday on BYOD
Tomorrow is Halloween and the last day of October, then, we launch into the final two months of the year with year end holiday sales and all the other year end tasks on which I hope you are already working.
Small business of-interest news. You might also note their published works for good reads.
Excerpt: This year’s top B-school teachers hail from schools all over the world and have managed to extend their influence way beyond the classroom. Here’s Poets&Quants’ ranking of the best of the best in business school education.
Read slides here via Top 10 B-school professors in the world – Jeremy Siegel (1) – FORTUNE.
Small business of-interest and need-to-know takeaways.
Excerpt: This decision reaffirms the Chancery Court’s low tolerance for hastily filed shareholder derivative lawsuits brought under the In re Caremark International Inc. Derivative Litigation, 698 A.2d 959 (Del. Ch. 1996), line of cases where the plaintiff makes little effort to plead any connection between a “corporate trauma” and the conduct of a board of directors.
Read full article via Delaware Court of Chancery Dismisses Hastily Filed Caremark Action — The Harvard Law School Forum on Corporate Governance and Financial Regulation.
Small business of-interest takeaways. Innovation and R&D spending.
Excerpt: Barry Jaruzelski, the Booz senior partner who put the report together, says that over the past eight years, they’ve found “no statistically significant relationship between how much you spend on R&D and how you perform over an extended period of time.”
Read introduction and see 11 slides via Most Innovative Companies In The World – Business Insider.
HOME page highlights today include:
– mobile to be big this holiday season — build apps and use the right channel
– big guys are setting up same day delivery — major competition
– if you are reseller, check out court case pending — impact could be great
– recognize when goals change your market — ROI metrics need to change also
– one of my favorites (of course) leadership brain tools
– update on whistleblower status from Harvard Law
– plus even more as usual — explore today and then explore on all of the site!
INFOGRAPHICS page today includes one new:
– Bring Your Own Device (BYOD) | The Good, The Bad and The Ugly
A message from us: We hope all of our relatives, friends and colleagues on the East Coast stay safe tonight. The latest news is that “Sandy” was downgraded from hurricane to storm — still packing walloping winds and rain though.