Australian Investor Stewardship and Global Themes in Stewardship Regulation

Company and Securities Law Journal, Forthcoming

21 Pages Posted: 15 Oct 2020

See all articles by Natania Locke

Natania Locke

Swinburne Law School; University of Johannesburg

Date Written: September 22, 2020

Abstract

The UK Stewardship Code 2020 was published late last year. It provides an opportunity to identify global themes in the evolution of investor stewardship and to assess whether the Australian stewardship codes have kept up with these emerging themes. This article identifies seven emerging themes and reaches the conclusion that the bifurcated Australian system of investor stewardship codes is outdated even before they have been fully implemented. It recommends that a unified code be introduced that incorporates these emerging themes. The article further recommends that oversight of the disclosures of the stewardship codes be moved to a regulator, possibly the Financial Reporting Council, to remove possible conflicts that industry oversight present. This does not, however, mean that a move to hard law is recommended, but rather that a move to a regulator would encourage greater consistency in disclosures and facilitate a progression to “apply and explain”.

Suggested Citation

Locke, Natania, Australian Investor Stewardship and Global Themes in Stewardship Regulation (September 22, 2020). Company and Securities Law Journal, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3697674

Natania Locke (Contact Author)

Swinburne Law School ( email )

Cnr Wakefield and William Streets, Hawthorn Victor
3122 Victoria, Victoria 3122
Australia

University of Johannesburg ( email )

PO Box 524
Auckland Park
Johannesburg, Gauteng 2006
South Africa

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