Comments on corporate governance draft report

174 items, ordered by date.

1. Comments from VW Benjamin, undated

Comments on the absence of input from business, executive remuneration, separation of roles, application of the code to smaller listed companies and various aspects of auditing. Also includes comments on specific paragraphs.

2. My [Sir Adrian Cadbury’s handwritten] notes on reaction to comments received on draft, possible revisions

Covers all aspects of report and follow up.

3. Letter, final draft, undated, from Richard Balarkas of City Group for Smaller Companies with comments on [draft] report

The letter has attached detailed suggested refinements when the code is applied to smaller quoted companies.

4. Excerpt from Mr Charkham’s note for record of his visit to Marks and Spencer (Sir Richard Greenbury) on 15 July 1991

Expresses concern about tone and prescriptiveness of the report with regard to non-executive directors.

5. Nigel Macdonald’s comments on the consultation responses, 24 September 1992

Covers full range of the report.

6. Correspondence, dated November, from Clive Boxer, Davies Arnold Cooper and Laurence Cockcroft of Transparency International and KG Wilton

Davies, Arnold, Cooper proposes insurance for non-executive directors. Transparency International asks for support for its cause. Wilton proposes greater involvement of institutional shareholders.

7. Letter, dated 24 March 1992, from Sir Ron Dearing

Main purpose of the Committee was to strengthen the position of the auditor and clarify the responsibilities of the directors. Two vulnerabilities identified were accountability to the worker and the small shareholder.

8. Letter, 7 July 1992, from JP Dobrowolski, Argos plc

Comments on the role of internal auditors.

9. Correspondence from Ron Dearing, Financial Reporting Council, including responses to the draft report from ICAEW, Rowena Mills Associates, Delta plc and Sears plc between 1 May 1992 and 23 July 1992

Includes comments on differentiation between executive and non-executive board members, role of auditors and non-audit fees. Memo from Nigel Peace included.

10. AC’s [handwritten] notes on points made at a meeting to discuss Draft Report, undated

The comments of individuals are marked by their initials.

11. Letter, dated 7 May 1992, from Sir Ron Dearing, Delta plc on behalf of the Financial Reporting Council

Comments on potential for statements of conformity to become meaningless, possible progress to an international accounting regime and institutional shareholders, plus detailed comments.

12. Evidence submitted to the Committee prior to publication of draft report, 26 May 1992

Lists organisations, companies and individuals who submitted evidence to the Committee, and meeting notes and published documents.

13. Letter from Sir Nicholas Goodison, TSB Group, 29 May 1992

Letter expresses support for the draft report.

14. Letter, dated 31 May 1992, from Tony Morton and comments on the draft report

Comments on voluntary nature of compliance, internal control systems and comments on specific paragraphs.

15. Report on a pilot study on attitudes toward the issues of corporate governance, a presentation by Angus Maitland, Burson-Marsteller at CBI/B-M conference on Corporate Governance 10 June 1992 and reply by Nigel Peace

Reports the results of a survey. Auditors are least likely to benefit while non-executive directors benefit most. Responsibility for compliance lies with company management and institutional shareholders or Stock Exchange, while expresses doubts over self-regulation.

16. Letter from Martin Lipton, Watchell, Lipton , Rosen & Katz, 3 June 1992 to Sir Adrian Cadbury and proposal for lead independent directors

Letter welcomes the draft report and makes two suggestions for the final report.

17. Letter from Sir Ron Dearing, Financial Reporting Council, 4 June 1992

Further comments on the Committee’s report, specifically the Code of Best Practice and auditors role.

18. Letter, dated 8 June 1992, from DJ Hughes with acknowledgement by Nigel Peace

Comments that serious problems shareholders face, on remuneration committees and the Caparo case. Includes memo from Nigel Peace.

19. Letter, dated 10 June 1992, from Ron Dearing, Financial Reporting Council and Companies House form 288

Suggests an additional entry on the form about directors understanding their duties.

20. Letter, dated 15 June 1992, from Neville Bain, Coats Viyella giving comments on the draft report and Code of Best Practice

Includes comments on audit committees, the role of auditors, board effectiveness and internal system controls.

21. Letter, dated 16 June 1992, from Stewart Douglas-Mann, Guinness Mahon & Co

Comments on the wording re independence of non-executive directors.

22. Comments, dated 17 June 1992, by JC Dwek, Bodycote International plc, letter and reply by Nigel Peace

Comments that fraud is very difficult to prevent and comments on non-executive directors and auditing, especially their resignation advice.

23. Letter, dated 17 June 1992, from Gavin Fryer with background information and reply by Nigel Peace

Comments on enforcement, adoption and efficacy, control structures, role of the board of directors, audit committees and director accountability.

24. Letter, dated 18 June 1992, Annual Report analysis from Jonathan Chaytor and FT article

Comments on institutional investors, non-executive directors and internal auditors.

25. Letter, dated 23 June 1992, from Top Pay Research Group

Comments on the provisions for non-executive directors to take advice and their roles and responsibilities, independence of auditors, directors’ remuneration.

26. Letter, dated 24 June 1992, from EA Bradman

Comments on voluntary nature of the code, non-executive directors, the role of audit committees, directors’ contracts and the independence of auditors.

27. Letter, 24 June 1997, from Edward Adeane, Hambros and reply by Nigel Peace

Seeks and gives clarification on the meaning of independent in relation to non-executive directors.

28. Address to the Annual Conference of the Institute of Chartered Accountants in England and Wales, Eastsbourne 25-27 June 1992, The role of Directors by Graham Corbett

This is a workshop exercise on the role of the directors in Eurotunnel delivered at the ICAEW conference . It is used to comment on unitary boards, separation of roles of Chairman and Chief Executive, non-executive directors and institutional investors.

29. Letter, dated 29 June 1992, from Richard Brown, the Association of British Chambers of Commerce

Comments on the application of the code to smaller companies.

30. Letter, dated 30 June 1992, from Jane E Lyon, Union of Independent Companies

Comments on the application of the code to smaller companies.

31. Letter and comments, dated 30 June 1992, from Tim Knowles

Comments on non-executive directors, financial reporting, auditing and institutional shareholders.

32. Correspondence, dated July / August 1992 between Sir Adrian Cadbury and Tony Hirst, Association of Independent Museums

Hirst expresses concern about the suggestion that non-executive directors should only serve on one board.

33. Letter, dated 1 July 1992, from AR Threadgold, POSTEL

Comments on separation of roles of Chairman and Chief Executive, independent non-executive directors and directors service contracts and the independence of auditors.

34. Comments on the draft report of the Cadbury Committee on the Financial Aspects of Corporate Governance by the Law Society, July 1992. w

Legal Practice Directorate Memorandum no. 271. It comments on the application of the code to smaller companies.

35. Letter, dated 2 July 1992, from JJLG Sheffield, Norcros

Comments on potential for two-tier boards, non-executive directors entitlement to take independent professional advice, internal control systems and going concern.

36. Letter, dated 2 July 1992, from DS Mitchell, ICSA and proposals to be debated by the Institute with handwritten note by Nigel Peace

An invitation to make a presentation about the draft report to an evening meeting open to all company secretaries.

37. Letter, dated 3 July 1992, from AC Bryant, Bryant Group

Comments on non-executive directors vs directors and audit committees.

38. Letter, dated 3 July 1992, from Dermot Glynn, NERA and presentation, dated June 1992

Includes a paper on European accounting, audit independenc and regulation.

39. Letter, 5 July 1992, from AL Hempstead

Comments on lack of audited accounts for a fund managed by the Nationwide Building Society.

40. Letters, 6 July 1992, from ICSA , extract from Administration and letter from Joanthan Charkham, Bank of England

Comments on the role of the company secretary in corporate governance and directors’ access to information.

41. Memo, dated 6 July 1992, and summary of audit trustee proposal by AJ Merret and Allen Sykes with comments by Price Waterhouse

Suggests appointing an ‘audit trustee’ appointed by lenders and creditors rather than the board.

42. Letter, 7 July 1992, from RJ Alexander, London and Manchester Group plc

Author suggests that an ‘Appointed Accountant’ with responsibility for preparing financial reports, should be employed.

43. Letter, 7 July 1992, and comments from TJ Grove

Comments on appearing to be written with best interests of directors, and aspects of auditing.

44. Letter, 7 July 1992, from Swiss Bank Corporation

Comments on the delegation of powers by the board to the subcommittees.

45. Letter, 7 July 1992, from John Lavery and Simon Pallett, Newcastle upon Tyne Polytechnic

Comments on self-regulatory approach, separation of roles of Chairman and Chief Executive and non-executive directors, directors’ remuneration and financial reporting.

46. Letter, 8 July 1992, from DEF Green

Comments on independence of auditors, audit committees and non-executive directors.

47. Letter, 8 July 1992, from Michael Jackaman, Allied Lyons plc

Letter informs that Allied Lyons complies with the code although the appointmentof non-executive directors is informal and would prefer a voluntary code.

48. Letter, 8 July 1992 from AG Biggart

Comments on involvement of non-executive directors in strategic direction of companies.

49. Letter, dated 9 July 1992, from Marlene Winfield of the Public Interest Research Centre and enclosure of Social Audits’ ‘minding your own Business’ [missing]

Comments mostly on the role of employees.

50. Letter, 9 July 1992, from Stanley Kalms, Dixons

Warns against a prescriptive approach, that effectively promotes two-tier boards.

51. Letter, 10 July 1992, from Anthony Habgood, Bunzl

Comments on implications of widening the pool for non-executive directors, audit committees and accounting standards, different board structures.

52. Letter, 10 July 1992, from NC Kelleway, Rikard Keen & Co

Comments on auditing, complying with a code of best practice, non-executive directors, internal control systems and going concern recommendations.

53. Handwritten letter, 10 July 1992, from WH Melly

Comments on employee shareholders, directors pay-offs and pension funds.

54. Letter, 10 July 1992, from CM Stuart

Comments on non-executive directors roles, internal control systems, the role of auditors.

55. Letter, 11 July 1992, from Ian J Mitchell

Comments on information for the small shareholder, going concern and extended comments on take-overs and fraud.

56. Letter, 13 July 1992, from Gerard Howe, Howe Associates

Comments on distinctions between executive and non-executive directors, compliance with the code, separation of roles and board appointments, committees, directors remuneration, auditors and other services to organisations.

57. Letter, 13 July 1992, from Sir George Russell, Marley plc

Comments on differentiation between executive and non-executive directors, access to independent advice, and communication with shareholders.

58. Letter, 13 July 1992, from RM Head, BPB Industries

Comments on the role of the Company Secretary, achieving effective governance, potential two-tier boards, remuneration committees, audit committees, financial reporting and going concern.

59. Letter, 13 July 1992, from DE Reid, Tesco plc

Comments on non-executive directors, the separation of roles of Chairman/Chief Executive, audit committess and auditing and financial reporting.

60. Letter, 14 July 1992, from JBH Jackson

Comments from his perspective of ‘professional chairman’ and strongly in favour of unitary boards.

61. Letter and comments, dated 14 July 1992, from Allen Sykes

Comments on the need for independent directors, institutional investors.

62. Letter, 14 July 1992, from John Salter, Denton Hall Burgin & Warrens

Comments that a Cadbury 2 Committee is needed to consider enviornmental management systems.

63. Letter, dated 14 July 1992, to the Editor of the International Financial Law Review

Letter refutes the claim that non-executive directors should only hold one such directorship.

64. Letter, dated 14 July 1992, to the Editor of the Sunday Telegraph, from Sir Adrian Cadbury

Letter refutes the claim that non-executive directors should only hold one such directorship.

65. Letter, 14 July 1992, from Brian Houlden, Warwick Business School

Comments that there is no need for additional legislation and on areas outside the Committee’s Terms of reference. Includes an excerpt from Reed International Annual Report and the FT, 26 June 1992.

66. Letter, 15 July 1992, from HS Axton, Brixton Estate plc

Comments on board structures, internal control systems, enhanced disclosure in interim reports and going concern requirement.

67. Letter, 15 July 1992, from Sir Colin Southgate, Thorn EMI plc

Comments on the tone which suggests no director is to be trusted only non-executive directors.

68. Letter, 15 July 1992, from Sir Colin Corness, Redland plc

Comments on position of auditors, potential to create two-tier boards, number of non-executive appointments and on the Code of Best Practice. Includes original and photocopy.

69. Letter, 15 July 1992, from Graham Nicholson addressed to the President of ICSA

Comments on the code only applying to holding companies.

70. Letter, 16 July 1992, from Financial Reporting Council with submissions for other organisations, Paul Girolami (ICAEW), Rowen Mills Associates, Delta plc, Sears plc

Financial Reporting Council comments on the draft report and includes 2 commenting letters and earlier ones. It also makes suggestions on how to alter the text while commenting on the auditors role, non-audit fees of the auditor.

71. Extract from IFMA Update, 16 July 1992

Comments that the Code of Best Practice may not be practicable for small companies and there is too clear a distinction between executive and non-executive directors.

72. Draft response of ICAEW, dated 16 July 1992

Comments on voluntary approach, timing of implementation of compliance, which companies it should be applied to, auditor endorsement, costs, executive and non-executive directors and auditing. Detailed comments are included for some paragraphs.

73. Letter, 16 July 1992, from Gary Allen, IMI plc

Comments on responsibilities of directors and potential for two-tier boards, non-executive directors, access to independent advice and the role of the auditors.

74. Letter, 17 July 1992, from New Bridge Street Consultants and comments

Comments on the calibre of non-executive directors, their remuneration and selection, the role of the board, committees of the board, independent advice and auditing.

75. Letter, 17 July 1992, from Law Society of Scotland

Broadly welcomes the draft report, while believing the code should be applied to all companies.

76. Letter, 20 July 1992, from the General Electric Company, plc

Comments on non-executive directors and the effectiveness of the board, audit committess, expanded disclosure in interim results and changing auditors.

77. Letter, 20 July 1992, from David Fifield

Comments on ownership models, accountancy work, short-termism.

78. CBI response to the Cadbury Committee draft report on the financial aspects of corporate governance, PC 27 92, 20 July 1992

Comments in detail on sections of the draft report, approving the self regulation approach, questioning statements of compliance requirement, commenting on the role of non-executive directors, remuneration, auditing and shareholders’ role.

79. Letter, 20 July 1992, from Institute of Business Ethics

Comments on responsible leadership by boards and their remuneration, independence of non-executive directors.

80. Letter, 20 July 1992, from Andrew Robb, Pilkingon plc

Comments on potential two-tier boards, non-executive directors, auditing.

81. Letter, 21 July 1992, from Paul Girolami, Glaxo

Comments on directors and non-executive directors roles, auditors and Code of Best Practice.

82. Letter, dated 21 July 1992, from the Foreign and Colonial Investment Trust PLC

Comments on ‘going concern’, and number of non-executive directorships.

83. Letter, 21 July 1992, from Slough Estates plc

Comments on the Code of Best Practice, financial reporting and possible regulation.

84. Letter and comments, dated 23 July 1992, from Blenyth Jenkins, the Institute of Directors

Comments in the context of the wider context of corporate governance, while focussing on internal control, self-regulation and enforcement, interim financial reporting and auditing.

85. Letter, dated 23 July 1992, and paper to a meeting ‘ The Stock Exchange and its customers in the 1990s’, Glasgow 28 May 1992 and various newspaper articles

Comments on the issue of independence of non-executive directors.

86. Comments, dated 23 July 1992, from the Chartered Institute of Management Accountants

Comments on the separation of roles, non-executive directors , internal control systems, audit and remuneration committees and various aspects of auditing.

87. Letters from Richard Lloyd, Chairman of Vickers, 23 July 1992

Letter to Nigel Peace gives specific comments on the draft report which is generally welcomed.

88. Comments, dated 24 July 1992, from Catherine Gowthorpe, Lancashire Polytechnic Business School

Comments at length on non-executive directors – the qualities required, their financial interests and selection. Also includes comments on the board and in detail on aspects of auditing.

89. Letter and report, dated 24 July 1992, from the Institute of Internal Auditors

Comments on codes for standards of conduct, the role of internal auditors and an auditing committee, fraud and compliance with the code.

90. Letter, dated 28 July 1992, from Serious Fraud Office

Comments on auditors’ statutory protection and the role of non-executive directors.

91. Letter, dated 28 July 1992, from BDO Binder Hamlyn

Comments on Code of Best Practice, audit committees, directors’ contracts, reporting and aspects of auditing.

92. Letter, dated 28 July 1992, from Ian Harrison, Courtaulds plc with comments on the draft report

Comments on the requirement for interim financial reports to include balance sheets, access to professional advice for non-executive directors and the roles of directors at an AGM.

93. Letter, dated 28 July 1992, from Grant Thornton

Comments on implementation by self-regulation vs legislation, applicability to smaller companies, non-executive directors and going concern.

94. Letter, dated 28 July 1992, from McKenna & Co

Letter covers enforcement of the code, the role of non-executive directors, separation of the roles of Chief Executive and Chairman, shareholders’ role and that of the auditors with respect to fraud.

95. Letter, dated 29 July 1992, from TF Mathews, Building Societies Commission

Largely concerns building societies and the ratio of executive to non-executive directors.

96. Letter, dated 29 July 1992, from David Jinks, Cadbury Schweppes

Comments on potential for two-tier boards, enforcement, involvement of investors, various aspects of auditing, going concern and disclosure of directors’ remuneration.

97. Letter, dated 29 July 1992, from WM Rees and Saleem Sheikh, City of London Polytechnic and paper on corporate governance and corporate control

Includes a paper entitled ‘Corporate governance and corporate control: self-regulation or stautory codification? A comment on the draft report of the Committee on the Financial Aspects of Corporate Governance.

98. Letter, dated 29 July 1992, from Ewen Macpherson, 3i and findings from ukplc concerning the draft report

Comments on board of directors, non-executive directors, audit committees, reporting and the involvement of shareholders.

99. Letter, dated 29 July 1992, from JC Kay, Gaskell plc and comments on the draft report

Comments on alternative accounting treatments, application to smaller companies and non-executive directors.

100. Letter, dated 29 July 1992, from JNC James, Grosvenor Estate Holdings

Comments on non-executive directors access to independent financial advice.

101. Letter, dated 29 July 1992, from LE Linaker, IFMA and list of association members

The comments raise the issue of compliance for smaller companies and the possibility of distinctions between executive and non-executive directors.

102. Letter, dated 29 July 1992, and paper on contracting from K Cleaver, P Ormrod, University of Liverpool

Comments on contracts in corporate operations, accounting techniques and disclosure.

103. Letter, dated 29 July 1992, from CA Mallin, University of Liverpool

Comments on non-executive directors’ roles and independence, board remuneration and auditing.

104. Letter, dated 30 July 1992, from JD Traynor, CRH plc

Expresses concerns about emphasis on control and monitoring, and the influence of accountants and auditors. It continues to make specific points.

105. Letter, dated 30 July 1992 from Institute of Investment Management and Research and accompanying comments

The document gives detailed comment on specific paragraphs in the draft code.

106. Letter, dated 30 July 1992, from Lord Toombes of Brailes with further comments

Rolls-Royce’s comments on potential differences of responsibilities between non-executive and executive directors.

107. Letter, dated 30 July 1992, and comments from NN Graham Maw, Rowe & Maw

Comments on the Code of Best Practice and sets out the author’s own code besides commenting on other issues in the report, especially enforcement of the Code.

108. Letter, dated 30 July 1992, from RWD Hanson, Hardys & Hanson plc

Comments on the cost of implementation for smaller companies.

109. Letter, dated 30 July 1992, from Mark Gifford-Gifford, Centre for Management Studies, University of Exeter

Comments on the Terms of Reference and standards of practice in unlisted companies,in addition to specific points.

110. Letter, dated 30 July 1992, from PM Elliott, English China Clays

Comments on various committees, financial reporting, auditing and the going concern disclosure.

111. Letter, dated 30 July 1992, and comments from Anthony Williams, Hay Management Consultants

Comments on disclosure of remuneration, performance pay and access to the Audit Committee.

112. Letter, dated 30 July 1992, from Pannell Kerr Forster

Among topics covered are: unitary boards, audit committees, financial reporting, auditing and going concern.

113. Letter, dated 31 July 1992, from Maureen Howe, Legal and General, and response to the draft code

Welcomes the code and comments with concerns about possible two-tier board and time-limited contracts for non-executives.

114. Correspondence, dated June and July 1992, from RHF Croft, Jeremy Orme, both of SIB and accompanying letter and document on auditing

These documents concentrate on auditing and its role in investment businesses. The Board supports the Auditing Practices Board, believing its primary function is to form and express an opinion.

115. Letter, dated 31 July 1992, and comments on the draft report from BT O’Driscoll, ICI Group

The main comments relate to terms of reference of the Committee, internal control and internal audit.

116. Letter, dated 31 July 1992, from Sir Richard Greenbury

Letter comments on board structure, especially unitary boards, the duties of directors to shareholders and the responsibilities of the external auditors.

117. Letter, dated 31 July 1992, from Sir Andrew Hugh Smith, London Stock Exchange

Comments on statements of compliance with the code of best practice as an obligation but not a requirement of listing, responsibilities of the directors and financial reporting.

118. Letter, dated 31 July 1992, and comments from Stoy Hayward

Comments on the draft report in detail on unified boards, separation of roles, board structures, non-executive directors, executive directors and directors’ training. It also comments in some depth on audit committees, auditing, internal control systems and financial reporting.

119. Letter, dated 31 July 1992, from Clark Whitehill & Co

The response comments on the application of the Code to smaller listed companies, the effectiveness of internal control and the Caparo case.

120. Letter, dated 31 July 1992, from Neville Russell, accountants, and which includes comments on the draft report

Comments on potential difficulties with a voluntary code and its review, for smaller companies, emphasis on non-executive directors and goes on to specific points.

121. Letter, dated 31 July 1992, and detailed comments from Arthur Andersen

Contains detailed comments on the draft report. The main recommendation relates to the supervisory function of the board.

122. Letter, dated 31 July 1992, from Association of Investment Trusts

Comments on the challenges that smaller companies may have in complying with the Code.

123. Letter, dated 31 July 1992, from Howard Davies, CBI and a detailed CBI response to the draft report

Includes summary of CBI response (13 points) and the full response under headings such as statement of compliance, review of code, board structures, separation of roles, non-executive directors, directors’ remuneration, auditing and going concern. Also includes the draft response before approval by the CBI Council.

124. Letter, dated 31 July 1992, and comments from Coopers & Lybrand

Main comments are on auditing, quality of boards and appointment to boards, monitoring compliance with the Code, two-tier boards and audit committees.

125. Letter, dated 31 July 1992, from Professor Gerald Vinten, Luton College of Higher Education

Generally supportive comments about the draft report.

126. Letter, dated 3 August 1992, from Julian Hepplewhite, Alliance and Leicester, transmitted by fax

Comments on internal control systems requirements, going concern, auditing, submission of questions to the AGM and who should deal with specific types of question.

127. Correspondence, dated 3 August 1992, with the Brian Thompson, Institute of Chartered Secretaries and Administrators

Comments on the tone of the report, enforcement of the Code of Best Practice and the auditor’s role in reviewing compliance with the Code. Other comments include sizeable subsidiaries, board procedures and directors’ service contracts.

128. Letter, dated 4 August 1992, from Bill Morrison, Auditing Practices Board

Comments on the practicality of auditors commenting on corporate governance compliance while proposing an alternative method and also comments on interim reporting.

129. Letter, dated 4 August 1992, to JP Charkham, Bank of England, enclosing comments on the draft report

Comments in the manner of a learned paper, highlighting some alternatives or where the report could have been stronger and monitoring compliance.

130. Letter, dated 4 August 1992, from Sir Alick Rankin, Scottish & Newcastle plc

Comments on the division between executive and non-executive directors, pensions governance, shareholders and gives detailed comments on specific paragraphs.

131. Letter, dated 4 August 1992, from SAT Foster, South Western Electricity plc

Comments on different responsibilities of directors and auditors and the section in the draft report on the Board.

132. Letter, dated 5 August 1992, from MN Karmel, British Bankers’ Association

Comments on independence of non-executive directors. This seems to be intended to be an addition to comments sent in July 1992, but not traced.

133. Letter, dated 5 August 1992, from JF O’Mahony, Ladbrooke Group plc

Comments on the availability of high calibre non-executive directors, unitary boards, internal auditors and auditor rotation.

134. Letter, dated 5 August 1992, from Malcolm Bruce, Liberal Democrat Trade and Industry Spokesman

Comments on the rejected statutory approach, the role of non-executive directors, separation of roles, audit committees and commends employee involvement. Quarantining auditors is advocated.

135. Letter, dated 6 August 1992, from MA Smith, SG Warburg & Co

Comments on the timescale for implementation, making compliance with the Code of Practice an obligation to achieve Stock Exchange listing, smaller companies, separation of roles, independence of non-executive directors, the requirement for a ‘going concern’ statement and aspects of auditing.

136. Letter, dated 7 August 1992, from Ernst & Young

Questions the likely effectivess of parts of the Code including subjectivity of statement of compliance. Comments on non-executives and their role vs independent directors, unitary boards, audit committees, financial reporting and various aspects of auditing.

137. Letter, dated 7 August 1992, from JE Rogers, National Association of Pension Funds

Comments on various paragraphs in section 4 in detail and also on auditing.

138. Letter, dated 10 August 1992 from RC Grayson, British Petroleum company plc

Comments on the perceived division of roles for executive and non-executive directors and auditors responsibility to review a company’s (non)/compliance with the Code. Further comments on internal controls are included.

139. Letter, dated 10 August 1992, and comments from IL Rushton, ABI

Comments on issues of compliance and its enforcement. It also includes detailed comments by paragraph on non-executive directors, various aspects of boards, committees, financial reporting, auditing and shareholders.

140. Comments, dated 10 August 1992, from GT Southern, Humberside County Council

Comments on board structures and accountability, shareholder participation and auditors.

141. Briefing notes for lunch with regional city editors, 10 August 1992

This document updates the editors about responses received, the challenges of enforcement and criticism. Also on the back are hand written notes about the role of non-executive directors, cost-benefit, small companies and directors’ pay.

142. Letter, dated 11 August 1992, from David Adams, British Rail Pension Trustee Company Limited

Includes the Company’s corporate governance policy. Comments on the need to enforce compliance, accounting standards and reporting requirements, separation of roles and roles of non-executive directors.

143. Summary of responses by companies up to 12 August 1992

Collates and summarises 70 reponses to the draft report from companies and business organisations.

144. Summary of responses by accountants up to 14 August 1992

Collates and summarises 24 reponses to the draft report from accountants. Covers comments on the contents of the draft report and additional topics with appendices on example sections on non-executive directors, suggested action plan and the response by the Auditing Practices Board.

145. Letter and comments, dated 14 August 1992, from the Association of Authorised Public Accountants

Comments on various aspects of auditing, duties and responsibilities of directors and their contracts.

146. Letter, dated 14 August 1992, and comments from RF Hussey, Institute of Chartered Accountants in Ireland

Questions the feasibility of the timescale for compliance, while supporting voluntary compliance. Most recommendations are supported as they are already recommendations of the Institute.

147. Summary of responses by shareholders up to 14 August 1992

Summarises reponses from 21 institutional and private shareholders.

148. Letter, dated 18 August 1992, from DF Macquaker

Main comment relates to internal controls, based on experience in the public sector.

149. Fax, dated 19 August [1992], from Sir Adrian Cadbury to Nigel Peace, about wording of 5.34, clipped to letter from MJ Harding, Ernst & Young, dated 3 August 1994

Asks Nigel Peace’s opinion of alternative working for para 5.34. This may have been prompted by comments on the draft report from among others Ernst & Young as it is clipped to a letter saying they may have been wrong in their criticisms.

150. Correspondence, dated August 1992, from McMullen & Sons and to Andrew Hugh Smith about specific cases

Expresses concerns about the ‘Continuing Obligation’ as the companies have some shares listed on the London Stock Exchange.

151. Letter, dated 21 August 1992, and comments from Andrew C Woods, the Investor Relations Society

Comments on shareholder responsibilities, communications between companies and shareholders, executive remuneration and accounting standards.

152. Letter, dated 25 August 1992, from KPMG with comments on the draft report, transmitted by fax

The comments are the conclusions from a discussion held with a group of non-executive directors and some of the firm’s partners. Topics included: the responsibilities of directors, going concern statements, shareholders responsibilities, auditing and internal control.

153. Letter, dated 27 August 1992, with comments from the Society of Labour Lawyers

Comments on compliance and enforcement of the code and possible extensions.

154. Letter and comments from the Hundred Group of finance directors on the draft report, 31 August 1992

Particularly raises the issue of the voluntary nature of the code.

155. Main issues raised in consultation response, 8 September 1992

Document summarises all responses.

156. Responses to the draft report: note by the chairman. CFACG(92)14, 10 September 1992

Covers the entire report and the issue of who will take the work on after the report is published.

157. Comments, dated 15 September 1992, from Roger Morton

Comments on institutional shareholders, and shareholder voting and communication during takeover bids.

158. Letter, dated 17 September 1992, and paper on corporate governance and the private shareholder, from Derek H Broome

Paper sets out a proposal to bring institutional and private shareholders together.

159. Correspondence between the Committee and AJ Michie, Lloyds Bank, and also Hambros plc, most recent dated 25 September 1992

Proposed wording defining ‘independent’ non-executive directors.

160. The questionnaire on corporate governance arising out the Oxford Law Colloquium 1992 and the collated answers to it, 27 October 1992

Questionnaire covered the Code of Best Practice, executive remuneration, activities of directors and others and auditing.

161. Letter, dated 3 November 1992, and the results of a survey by Pauffley & Co, from Nick Glanvill

Reports the results of a survey to establish how recommendations by the Committee and the Accounting Standards Board were received.

162. Letter, dated 11 |November 1992 from Sr Michael Angus, CBI

Thanks for contributing to a CBI event.

163. Letter, dated 13 November 1992, from Michael Lawrence, 100 Group of finance directors

Letter of thanks to Sir Adrian for talking about the progress on the Cadbury report.

164. Correspondence, dated 18 November 1992 between Sir Adrian Cadbury and PVS Manduca and HM Priestly, both of the Association of Investment Trusts

Comments on the high proportion of non-executive directors in investment trusts and includes a draft guidelines about non-executive directors of investment trusts. Relevance of the code to investment trusts

165. Letter, dated 26 November 1992, from Robin [Leigh-Pemberton], Bank of England

Letter of thanks for the report.

166. Correspondence, December 1992, from Ellen R. Schneider-Lenne and APH Herd

Herd comments that companies should not find the recommendations too onerous and that the Committee will be responsible for implementing and monitoring the implementation of the Code. Scheider-Lenne is replying to comments that the number of outside directorships should be limited to one.

167. Letter, dated 10 December 1992, from Brian Thompson, ICSA

ICSA advises it will publish a schedule of matters that boards should consider.

168. Letter, dated 11 December 1992, from CJ Eaglen

Concerns legal aspects of corporate governance. Clearly, seems to have been earlier correspondence between Eaglen and Sir Adrian.

169. Correspondence, dated 22 December 1992, between Sir Adrian Cadbury and IA Ziff, Stylo plc

Ziff raises the issue of the significant delay between the market and the small shareholder receiving information.

170. Correspondence up 11 December 1992 with Gavin Burnett and David Lewis, Molyneux Estates

Peace gives pointers concerning points raised: audit and remuneration committees and application of the Code to smaller companies.

171. Letter from Donald Bulcher(?), 28 January 1995, apologising

Letter apologises and clarifies meaning before finalising content of book being compiled by London Guidlhall University.

172. Letter and comments, dated 27 July 1992, from Donald B Butcher, representing the UK Shareholders’ Association

Comments on and suggests approaches on various aspects of AGMs, creating two classes of non-executive directors. Butcher supports rotation of auditors.

173. Letter, dated 6 August 1992, from Geoffrey Mulcahy, Kingfisher

Comments on the tone of the draft report, non-executive directors, remuneration, audit and code compliance as a listing requirement.

174. Handwritten notes, headed Stock Exchange Listing Advisory Cttee, 8 June 1992

Handwritten notes recording the comments on the draft report circulated for public comment from people present at the meeting. Includes list of attendees at the meeting.

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