1.3.4 - Corporate Governance Tracking
Best Practices Based on NACD, ISS and Gray Cary Guidance



    Status
Compliance program Adopt and publish a written corporate compliance program approved by the Board to prevent, detect and address corporate wrongdoing.
Disclosure policies Adopt or review the company’s disclosure and Regulation FD policies to assure that company spokespersons are identified, that Regulation FD requirements are understood and observed, that confidential information is not inadvertently disclosed and that public disclosures are reviewed at appropriate levels within the company; adopt and consistently comply with policies regarding revenue and earnings guidance.
Insider trading policy Review existing insider trading compliance policy to assure that it encourages lawful behavior regarding inside information, gives insiders clear guidelines for trading and facilitates timely reporting of insider transactions.
Board independence Board comprised of a substantial majority of independent directors who meet in regular executive sessions; Board should adhere to clear conflict of interest polices applicable to all directors.
Committee membership Key committees (including audit, compensation and nominating) shall be comprised solely of independent directors and should be free to hire independent advisors as necessary.
Board leadership An independent director should be Chairman of the Board or lead director; or if not, an independent member should lead the Board in its most critical functions, including setting board agendas with the CEO, evaluating CEO and Board performance, holding executive sessions, and anticipating and responding to corporate crises.
Agendas Request input from independent directors for agendas of Board and committee meetings; expand agendas to accommodate longer meetings covering more operational and strategic matters; expect half-day committee meetings and full-day Board meetings as the norm.
CEO, officer evaluation Regularly and formally evaluate the performance of the CEO and other senior managers (independent directors should control the methods and criteria for this evaluation).
Director and committee evaluation Regularly and formally evaluate the contributions of all Board members through nominating/governance committee, with input from other committees and entire Board; provide for annual evaluation of each committee.
Compensation of directors As the time required for director service increases, and the oversight function requires significant work between meetings, compensation for directors should be subject to review and adjustment. Independent directors can receive only director fees; director fees can be payable in cash, stock and/or stock options; review the amount of fees and the manner in which the fees are paid to assure that directors’ interests are aligned as closely as possible with those of stockholders.
Board of compliance and reporting At least annually, the Board should review the adequacy of the company’s compliance and reporting systems, to ensure that management pays strict attention to ethical behavior and compliance with laws and regulations, approved auditing and accounting principles, and with internal governing documents.
Meetings of independent directors Boards should hold periodic sessions of independent directors only to provide board and committee members the opportunity to react to management proposals and/or actions in an environment free from formal or informal constraints.
Director orientation and training New directors should be provided with a director orientation program to familiarize them with the company’s business, industry trends, and recommended governance practices; existing directors should be continually updated on these matters.


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