Whatever the reasons, shareholder/board interaction poses challenges for IR professionals – such as exposing the company to legal liability through information inadvertently divulged which highlights the fact that boards need to be re-educated on their company’s disclosure policies.  Even more importantly, the aforementioned may underscore that a formal board communication policy needs to be put in place.

While shareholder/board interaction poses challenges for IROs, it also provides opportunities to take ownership and control over how the board interacts with shareholders.

What follows are some of ideas from the “How to Icahn-Proof Your Board” session, which discussed how IROs can strengthen the BOD’s role as an active, informed and engaged fiduciary to shareholders.

BACK TO THE BASICS
Formal communication policies should be established – having something in writing alone is not effective by itself. Directors should be trained on Reg FD and the IRO should be the one to do so.  The IRO should also keep the policy current and proactively reach out to the board to ensure they completely understand the document. Ultimately, the IRO should become the “go-to” person to address any questions.

Outline specific procedures for handling investor inquiries – if a board member is contacted by a shareholder, have them take down the contact information nature of the inquiry and immediately inform IR.  That way, a discussion can be generated on whether this person has called the company before.  It also gives the company (i.e. IRO) time to gather information about this shareholder.  It may well turn out that this person is a known activist investor, who is testing the company to see if they get a consistent answer from the IRO, management and the board.

APPRISED OF KEY ISSUES
Oftentimes, directors sit on several different boards – which can make it difficult for them to stay on top of all key issues for each of the companies they serve.  One way IROs can help, is to put together a comprehensive information package.  At the very minimum, the IRO should provide an overview of the company’s shareholder base, how it’s changed, the questions being asked and any concerns that have come to light.  When I was an IRO, I did a quarterly update report which was disseminated to the board.  If there were any questions, they knew they could call me for clarification.

However, as mentioned, some shareholders may ask several different people within the company the same question to see if they get a consistent answer.  Sometimes, this may happen around a particular company event such as the annual meeting.  In light of this, IROs should also take steps to ensure that their board is appropriately updated on the proxy issues.

Other events that may promote a call from an activist investor could include poor stock performance, a change in corporate strategy, executive compensation and poor performance compared to your peers.  In my opinion, IROs should stay on top of (and keep the board apprised of) any changes to the company’s strategy and executive compensation.  As stock performance (in general and in relation to your peers) is not predictable and various factors can influence trading, it is not advisable to bombard your board or management with updates every few hours.  You can opt to inform them of any sharp declines/trends in a timely manner and reserve general commentary regarding the stock’s performance in your quarterly report.

Lastly, in addition to key issues, the board should know what the company’s general business objectives and strategies are and what information is in the public domain and available for them to discuss publicly.

INCREASE ROLE & MAXIMIZE BOARD EFFECTIVENESS
The panel also discussed some tactics IROs can use to help their board be aptly prepared when speaking with shareholders.  For example, having a member of the board attend analyst meetings will help them get in tune with the kind of questions the company is fielding.  Even further, it may be effective for the board to answer some of the questions at these meetings.  Executive compensation is a particular area where they could provide valuable insight – as executive compensation is set by the board – and their response may seem more credible and well-informed than that of management.

Further, as IROs become more involved with training the board and taking the lead on implementing and writing the board’s communication policy, they will get a sense of which board members are good communicators.  This is beneficial, as these particular members can be used to speak to shareholders in advance of proxy votes for example.

NEW COMMUNICATION CHANNELS
When shareholders reach out to the board, oftentimes they just want to be more engaged in dialogue with the company.  The increased use of social media has made it easier for shareholders to contact the company in general.  IROs should take note of what board members are using which social channels.  This should then be incorporated into the formal communications policy so there is no room for misinterpretation on how to deal with shareholders using social networks.

By taking a proactive stance in educating your board about good disclosure practices and taking the lead on training, IROs have an opportunity to control how their board interacts with shareholders.  This is beneficial on many fronts: it can alleviate any potential compliance issues for the company by having streamlined communication policies which specifically outline what the board can and cannot say; and it establishes the IRO as a credible source and go-to person in instances where there is confusion about how the board should deal with shareholders.

It doesn’t matter whether you’re dealing with retail or institutional shareholders.  Taking the time to ensure that your board is responsive and well prepared to handle investor inquiries has many benefits to you as the IRO and ultimately the company.

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We had a lot people visit our booth and those who registered for a demo were automatically entered in our draw for a chance to win an iPad or 1 of 3 iPod nanos.  Congratulation to all of the lucky winners:

iPad
Mary Beth Kissane, Walek & Associates

iPods
Wendy Kelley, Leap Wireless International
Alexia Taxiarchos, Hasbro
Albert White, The Cooper Companies, Inc.

There were a lot of great sessions and we hope you found our Twitter updates useful.  As there were so many sessions to choose from, we didn’t have much time to blog from the conference.  So over the next little while, we’ll be catching up – so stay tuned!

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There is a great lineup of sessions, but you won’t want to miss “Integrating Social Media into Your IR Program” on Monday, June 7th at 4:15 p.m.  Q4’s Co-Founder & CEO Darrell Heaps along with Laura Graves, Director Global IR, Cisco Systems and Robert Williams, Director IR, Dell – both seasoned IROs with extensive experience using social media as part of their IR programs, will provide insights to help IROs understand the role social media can play in their organizations, maneuver around potential pitfalls and learn the tips and tricks to create a solid, easy-to-manage online investor program.

For those of you who can’t make it, we will be providing regular updates on Twitter, Facebook and posting on our blog.

Register for a demo and win an iPod Nano or iPad!

Whether you are attending or not, if you register for a demo you’ll automatically be entered in a draw for a chance to win an iPad or 1 of 3 iPod nanos!

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We had intended to write a follow up post that summarized the event, but IR Magazine beat us to the punch with “IR in the age of social media” .  Rather than duplicate the post we thought we’d just point you to their blog.

Here’s a quick quote by Darrell:

‘The risk posed by social media for your company … exists whether you participate or not,’ observed Darrell Heaps, CEO of Q4 Web Systems, an IR website and communications firm out of Toronto. ‘If you’ve ignored social media and said there are too many risks, we‘re not going to get involved, then you are putting your company at higher risk … than if you know how to use the tools. The market doesn’t care whether or not you’re there. They’re going to use the channels that are most readily available to them to put their message out.’

Read the full post on IR Mag’s blog “IR in the age of social media”. Thanks to Brad Allen for the great write up.

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Mike Willis, Partner, PricewaterhouseCoopers
Chairman, XBRL International

Panelist(s)/Co-Speaker(s):
Michael Becker, VP, Global Disclosure & Financial Reporting Services
Business Wire

This session was quite comprehensive, so I thought it would be useful to discuss the agenda that was put forth:

WHY IS THIS RELEVANT?
Public companies push out a lot of IR content such as earnings releases, quarterly reports and annual reports.  Once disseminated into the public domain, third party information intermediaries distill, transcribe and structure the company reported information into their proprietary taxonomies and sell that structured information to the analyst community.  This third party intermediary information is also available through sources such as Yahoo! Finance, Google and MSN Money.  From these publicly available sources IROs can directly observe the omissions, errors and other communication problems created by the third party intermediaries such as changing disclosure concepts and/or omitting key company specific unique disclosures.  This intermediary distortion in turn can lead to inquiries that don’t make any sense or worse, no inquiries at all – which means the investment community is solely relying upon the data transcribed and rendered by third party sources, thereby diminishing the company’s opportunity to correct any errors.

If you are skeptical of the degree of errors and omissions to your company reports please take a minute right now and go to the public sites and review the data available for your company and compare that information to your company reports.  “The data provided by intermediaries is incorrect as often as 30% of the time and incomplete 100% of the time“. The typical omission is the unique company specific disclosure, which is highly relevant to company IROs.

This is unfortunate, as preparing and finalizing material documents is typically a very time consuming and costly process, largely due to manual assembly and review processes that draws upon a lot of internal resources such as the finance, legal and IR department’s time to compile, review and publish – not to mention the costs associated with filing with the regulatory bodies and mailing out hard copies.

WHAT IS REQUIRED?
As some of you may know, in January 2009, the SEC introduced a phased mandate for filing in XBRL starting with the largest companies with a worldwide public float of greater than $5 billion – periods ending on or after June 15, 2009 and then extending to all sizes of companies over the next three years. The rules require companies to provide their financial statements on their corporate websites in an interactive data format using XBRL at the same time their financial statements are submitted to the SEC.

Content Requirements
In the first year of filing in XBRL format, issuers are required to tag each unique disclosure concept in the company primary tables (balance sheet, income statement, cash flows, changes in equity) and “block” tag (e.g. one tag per note) the financial statement footnotes and schedules.

In all subsequent years of XBRL formatted exhibits, issuers are required to tag the financial statement disclosures and also individually tag each significant accounting policy, table within a footnote and each quantitative amount within a footnote.  It is this second year requirement that significantly enhances the volume and accuracy of company disclosures available to the analyst community in a very cost effective, accurate and timely manner.

The XBRL Exhibit is required to be filed concurrently except for the initial report in each of the first two years which would be due no later than 30 days subsequently.

For purposes of the company SEC exhibit, the MD&A, executive compensation, or other financial, statistical or narrative disclosure outside the financial statements is not permitted to be tagged.

Corporate Website Posting Requirements
The XBRL filing is to be posted on a company’s corporate website by the end of the calendar day submitted or required to be submitted to the SEC.  The XBRL exhibit must remain on the website for at least one year; however, legal liability provisions are phased out over a two-year period with no “required” involvement by the auditor.

The US SEC rules will apply to public companies and foreign private issuers that prepare their financial statements in accordance with U.S. generally accepted accounting principles (U.S. GAAP), and foreign private issuers that prepare their financial statements using International Financial Reporting Standards (IFRS) as issued by the International Accounting Standards Board (IASB).

WHAT IS IT?
XBRL is a freely available international information standardized format specifically designed for business information.  As such, it is specifically designed to provide supply chain standardization to address pervasive process problems.  XBRL is applicable to business information, related business rules, formulas and controls to not only to make financial information easier for investors to analyze, but also to assist in automating regulatory filings and business information processing.

As an Internet standard, XBRL can be used to create a common language for disparate proprietary software applications to more seamlessly communicate.  This is sort of similar to html but in a more granular manner and specifically for business information.

WHAT’S IN IT FOR THE ISSUER?
There are many implications of using XBRL to improve processes.  For example, issuers can implement using the bolt-on approach in which filings and reports are created following the existing process and converted to XBRL once finalized, either in-house or by a third party.  There is also the embedded option, which would enable companies to map their disclosures to the XBRL US GAAP Taxonomy directly within their report writer or consolidation application.  Pushing standardization further back into the business information supply chain provides structure for automation of downstream processes including the accurate rendering of XBRL-tagged SEC filings that can be accessed via your website with many interactive features.

Embedding XBRL in corporate reporting processes enables:

• Seamless exchange of information between software applications like your website and your analysts’ modeling applications,
• Automation of manual processes = lower costs, improved quality & timeliness like for your summary tables and graphs provided on your website,
• Enhanced transparency, access and control of information contained across a wide range of disparate internal data stores similar to the wide range of internal data stores that you are trying to access to address performance related inquiries,
• Improvements in data quality and access, and
• Better access to more relevant information for better decision-making, enhancing business intelligence and performance management information.

XBRL is more than a trend that IROs must be cognizant of – it will soon be mandatory for all U.S. based issuers and there is a voluntary program currently taking place in Canada to help the Canadian marketplace gain a greater understanding of this information standard.  Therefore it is essential that there is a full understanding how communication between the investor community and IROs evolve with the XBRL standard.  So stay tuned for additional blogs and presentations on XBRL.

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The conference kicked off yesterday with a lively presentation by Todd Buchholz, renowned economist and best-selling author of “New Ideas from Dead CEO’s: Lasting Lessons from the Corner Office”. His presentation was entertaining and his stories were a lesson in the value of common sense. (Some great stories regarding A.P. Giannini, the founder of  The Bank of Italy – which is now The Bank of America. Too much to cover here but you might want to buy the book.)

In the first part of the session (for the benefit of anyone who spent the last several months in a coma) he brought us up to speed on some of the conditions that sent the economy into a downward spiral. Most of it you’ve heard by now such as 90% of the foreclosures in the U.S. housing bust occurred in California, Florida, Las Vegas and Scottsdale, Arizona. And the fact that the insurance policies that local banks drafted to protect themselves against mortgage defaults expired faster than the yogurt in your fridge (90 day period for a 15-25 year mortgage).

But what you’d likely more interested in are the signs that the economy will recover and faster than you think. Here’s why Todd believes that the economy is already rebounding:

• Best thing we have going for us in getting out of the recession is the fall of commodity prices
• Risk of inflation is very low
• Unions do not have the same power (read strangle hold) on the economy
• Unemployment is not as bad as the media indicate because they have not taken into consideration the huge increase in our workforce in comparing today’s unemployment numbers with those of the 1980s – sure there are more people out of work but there are also significantly more people.
• Real disposable income is up
• The Housing Affordability Index indicates that mid-income families can afford a mid-price house at today’s interest rates
• The Federal Reserve has increased the money supply to induce greater consumer spending
• The seduction of retail discounts is starting to dissipate consumer fears and they are starting to spend

As a parting message Todd said that what the US really needs to work on is the education of it’s labor market. That we shouldn’t be so focused on ‘Peak Oil’ but rather ‘Peak People’ by investing in education in fields like petroleum engineers, agricultural engineers, medical science, technologies etc. These skills are needed to compete in the future and are sorely lacking in the US now.

Todd’s presentation was fast-paced and keeping notes was a challenge so for more details, buy the book.

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The weather is hot in Florida and so are the sessions here at the NIRI ’09 conference.  Yesterday I tweeted live from the “IR Emerging Issues and NIRI Advocacy” session.  The second session entitled “How the Buy and Sell Side Trade Your Stock Today”, was so hot, that I decided to put together some notes and compile for this blog.

This session was designed to help IR professionals understand what happens behind price and volume.  Here is an overview of what was said:

Moderator: Tim Quast – ModernIR

Panelists:

John Adam, Head of Issuer Service and Corporate Access – Liquidnet

Brian Barrett, Senior Trader – Franklin Templeton

Anthony Corso, Managing Director at Agency Trader (head of trading operations) – Rosenblatt Securities

Bryan Harkins, Head of Sales & Strategy for Market Center – Direct Edge

Joe Saluzzi, Partner, co-founder and co-head of equity trading – Themis Trading

Moderator: Looking back 10 years, if an institution wanted to build a position in a company how would they do it?

Anthony: Communication and transparency.  However these days there is a lot of fragmentation – for example there are a lot of new exchanges; information is difficult to aggregate; price discovery mechanisms have changed; participants have grown exponentially with mutual funds, institutional, professional investors and day traders making up the landscape.

Moderator: Brian can you give us a run-down of how you would accumulate a position of $50 million in a $5 billion market cap. company?

Brian: Not much has changed for us on the buy-side; we would accumulate in a way that would have the least impact pricing on the portfolio – try to buy or sell a position without moving a stocks price. In general, the buy-side wants to make it harder for the sell-side to see our position.  Evolution over the last five years has lead to fragmentation: that means smaller blocks being traded through high frequency traders.

Moderator: Do any of the other panelists have anything to add?

Joe: I have seen character of volume change; through high frequency trading as these traders get paid a rebate from the exchanges to do buying.

Bryan: Decimalization (all stocks moving away from fractions to trading in penny increments) made it hard for traders to discern spread capture between the bid and ask as this task was taken over by computerized trading or liquidity providers.

John:  If a company’s stock is having unusually high trading volumes, those volumes may not be indicative of “true trading”.  What I mean by that is that these high frequency traders are creating a lot of noise.  So it is hard to separate out the institutional volume.  As such, dark pools were created to eliminate the impact allowing institutions to trade more efficiently.

Moderator: Okay, what about the sell-side?  What about Goldman, Credit Suisse – are they supporting issuers? 

Joe: Committing capital to make money through market makers and specialists are gone with the move to machines.

Bryan: Fragmentation and dark pools are new, but off-exchange trades (such as those traded via dark pools) are still occurring, through advanced technology.  Computers are now dominating the market but U.S. markets are now running more efficiently.

Brian: Dark pools were initially put in place for the buy-side, although doing a trade in there doesn’t mean there is somebody in there to do business with (i.e. if I am buying a block of shares, may not be a seller).  So there has been a recognition that they needed to be opened up to the sell-side.

Question from audience: How much transparency is there for dark pools?  Do you have to report a dark pool trade?

Brian: Yes – in the U.S. all of the trades aggregate and print through FINRA as soon as the trade is executed.  Conversely in Canada, dark pool trades do not print on the TSX.  Volatility has also lead to fragmentation and backing away from doing large blocks of shares.  Personally, I still look for liquidity and price points.  For example, when I start building a position in a company, I do a few things:

1. Quantitative Analysis – trade cost analysis: historical spread between bid and ask and how much the opportunity will cost?  Should we act now or wait and see?
2. Liquidity – not looking to make a footprint (transparency as well, but too much will trigger attention to volume of trading)

Moderator: So essentially due to high-tech evolution, there is no transparency of who is trading a stock?

John: Yes high frequency trading makes it hard to figure out what your investors are doing in the market.   So just because there is heavy volume doesn’t mean there is an institutional investor acquiring or selling off a large position.

Moderator:  Okay, let’s take some more questions from the floor…

Question1: At the end of the day my stock usually stabilizes, then right before the close there is a surge that seems to drive the price down – what is causing this?

Answer1: (collaboration from all panelists): well at the end of the day, the volume weighted average price gets calculated.  But based on our prior discussion you could surmise it is due to the high frequency trading coming in to through things off kilter.

Question2: So if IRO’s can’t determine who is trading their stock, how would we determine effectiveness of a roadshow?

Answer2: John: know your holders; since there has been a drop in sell-side coverage, should interact more with buy-side to gain sentiment.

Anthony: I actually have to disagree with John on this one – buy-side may not divulge what they are doing in market.  Should actually engage a good service provider to tell you where your stock is trading.

Question3: How would you judge the quality of data from surveillance providers that IRO’s/companies are paying for?

Answer3: John: Market is more difficult to understand true picture; again very fragmented.

Question4: What do you think of short-selling rule from Washington?

Answer4: Joe: well I disagree with it as the lobbyists there represent the exchanges and the exchanges are paying the rebates to the high frequency traders.

Brian: Buy-side and sell-side are going to start to consolidate to stop fragmentation.

John: There is a place for short-selling:

1. Part of an efficient marketplace
2. Rife in market to enable abuse

Although a lot of PM’s don’t want to loan out stock anymore especially in today’s market climate.

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Read the full release! 

We officially launched our Summer ’09 release from the NIRI National Conference in FL, which introduces Social Media and XBRL capabilities to IR websites.  This latest release offers different ways for investors to find, subscribe and share content through social networks.

Q4’s web platform continuously evolves with market and regulatory trends that keep the IR website on the leading edge of companies’ investor communications.  Q4’s latest IR website products create viral IR content, which means they can be shared, disseminated and republished across the web to millions of retail and institutional investors. 

Customers can now:

• Embed and distribute presentations, videos and documents through SlideShare, YouTube and Docstoc,
• Automatically update Twitter, LinkedIn and Facebook with news presentations and events, and
• Aggregate all social activities on the IR website with inbound RSS feeds.

We also announced from the NIRI National Conference, that our Q4 web platform now delivers a highly accurate real-time rendering of XBRL-tagged SEC filings. 

Read the full release! 

This new product enables users to view XBRL-formatted financial statements in an easy to read display on IR websites while helping public companies meet the new SEC XBRL regulations which require them to post financial statements in interactive data formats. 

To respond to this mandate Q4 now offers US-based filers:

•  XBRL financials with real-time rendering on your website – once your XBRL filing is accepted by the SEC, within minutes your website is updated with the complete filing displayed in HTML,
• Multiple report formats for enhanced financial analysis and reporting by investors, analysts and the financial media, and
• Ability to view and download XBRL reports, or share embed codes through social networks. 

If you’re interested in learning more contact us today and we’ll setup a live product demo.

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• Find out why social media is now a key aspect of investor relations in lowering capital costs, why it doesn’t need to be difficult and how to responsibly get involved.

• Learn about XBRL filings that can be viewed in an easy to ready display on your website.

For those of you, who can’t make it, we will be providing regular updates on Twitter and posting on our blog.

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Access to management and senior executives is obviously most helpful. Some of the other tools that they find particularly useful include investor days, where they are able to get a sense of a company’s culture through speaking in-person with management, and get a chance to see a hands-on demonstration of the product or service they provide. Packaged information on a company website, including company presentations, are particularly helpful in advance of such events as they provide the opportunity to prepare questions that aren’t covered in other material made available.

Some of the efforts that may not be so useful industry sponsored broker conferences, and the four to five hundred emails per day that contain information that they already receive from other sources.

And finally, what role does social media play in keeping them informed? One panelist confirmed that a vast amount of key information is getting pushed through social media, and sees it as the communication way of the future. The other panelist uses blogs often to find out real information about companies; competitive pressures, the way they and their products/services are regarded in the industry, finding out the right questions to ask, etc.

This makes a lot of sense of course; when I think about making a major purchase or contracting a service personally, I simply put out the word to my contacts to ask for advice, input and any information I can, and what I gain from these conversations always factors largely into my buying decisions.

These conversations are taking place constantly, in real time, on the web through Twitter, Friendfeed and various other social media channels. It is critical for companies to take part in those discussions. That this was confirmed at the luncheon yesterday wasn’t rocket science social media is shaping the buy-side’s decisions and its day is coming

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