Question

I. David Williams (David) is the long-serving Chief Executive Officer (CEO) of Advanced Disposal Services Inc, a US listed company. He had a meeting with the newly-appointed chairman of the company, Peter Thomson (Peter), who happens to be married to David’s sister. A number of different items were on the agenda for discussion. David said that he had recently had a meeting with two institutional shareholders in the company, who together held 7% of the equity share. He had discussed the company’s performance over the past few months and they had been pleased by the profit forecasts that he had given them. The company’s results would be announced to the stock market within the next three weeks. He had also discussed the company’s main business strategies with these shareholders and had informed them that he intended to establish a strategy committee within the company, consisting of the executives. They then went on to discuss the retirement and re-election of board of directors at the Assistant General Manager. David said there was a problem with one of the directors, who would be retiring by rotation this year, who had been an independent non-executive director for almost of the board. He was considered to be too valuable to lose from the board, but there was now a problem with his independent status. David felt that he was still as an independent now as he was when he first joined the board. David also informed Peter that he had arranged for additional training for two board directors: the marketing director and one of the non-executive directors.
(a) Evaluate the apparent weaknesses in the corporate governance practices of Advanced Disposal Services Inc. For each weakness that you suggest what the appropriate practice of governance should be.
(b) Explain the problem facing the Advanced Disposal Services Inc regarding the long-serving non-executive director, and suggest the company should do resolve it.

Answer 1

The apparent weaknesses in the corporate governance practices of Advanced Disposal Services Inc. is the lack of a clear company policy regarding the tenure of company directors.

What is the problem facing Advanced Disposal Services Inc?

They have a problem with their long-serving non-executive director and they are at a loss on what to do because they do not have a clear company policy regarding how long a member of the board should serve.

Hence, we can see that the solution to this would be to draft a company policy that is easily understood and can be enforced and add a time limit for serving board members.

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