Quote from Gcapman:
No he said that some section in the Dodd Frank act will prohibit all US citizens from trading with a non-US forex broker
From FT:
Dodd-Frank act presents companies with a PR minefield
By Jean Eaglesham in New York
Published: August 30 2010 22:01 | Last updated: August 30 2010 22:01
Is a chief executiveââ¬â¢s job 19 times more valuable than that of the US president and hundreds of times more valuable than the average worker in his or her company?
Such comparisons might seem invidious to high earners such as Larry Ellison of Oracle, who made $85m last year ââ¬â according to Equilar, an executive pay research firm ââ¬â or Ray Irani of Occidental Petroleum Corp, whose $31m pay last year triggered shareholder unrest.
But company chiefs are set to face a fresh wave of unflattering publicity over the many multiples of their average employeeââ¬â¢s take-home pay that they deem themselves to be worth.
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A little-noticed provision in the mammoth Dodd-Frank financial reform act will force companies to disclose regularly the ratio of the median annual pay of all their employees to that of their chief executive.
The measure raises potential public relations problems for some of the USââ¬â¢s biggest companies, as well as significant administrative burdens. The published ratios will vary significantly but some may look alarmingly unfair to the eyes of the average small shareholder.
The $1,025,000 median salary of an S&P500 chief executive last year, according to the Equilar analysis, is 25 times the $40,174 that official statistics show was paid to the average US private sector employee. The chief executiveââ¬â¢s $7.5m median total pay package, including bonuses and stock options, is 187 times that average private sector pay and some 19 times President Barack Obamaââ¬â¢s basic $400,000 salary.
The value or otherwise of such comparators in assessing boardroom remuneration has long been argued. Business fears the new disclosure requirement will simply add confusion to an already-emotive debate.
The provision was inserted into the Dodd-Frank bill ââ¬Åat the last minute, with no discussion and not based on any particular problemââ¬Â, says Charles Elson, a corporate governance professor at the University of Delaware. He categorised the pay ratio as a ââ¬Åthrill disclosureââ¬Â that would generate headlines without offering meaningful comparisons.
ââ¬ÅThis is a political disclosure, as opposed to an economic disclosure, and thatââ¬â¢s the problem,ââ¬Â Prof Elson adds.
Lawyers caution that the formula mandated by the act has some seemingly perverse consequences, in terms of factors that will produce a low ratio ââ¬â an apparent but potentially misleading sign of a company without excessive executive remuneration.
ââ¬ÅIt will favour companies that outsource and use independent contractors, and those that use franchised rather than company-owned stores, since these relatively low paid jobs will not count towards the median tally,ââ¬Â says Richard Susko, a partner at law firm Cleary Gottlieb.
Many of the crucial factors affecting the ratio have been left to the discretion of the Securities and Exchange Commission, which has to draw up the regulations to implement the new rule. The act does not specify whether non-US employees need to be included in the total, the treatment of subsidiaries and affiliates, the date on which the pay needs to be calculated each year or the exchange rates to be used.
Business groups say they want to work with the SEC to try to craft a ââ¬Åconsistent and digestibleââ¬Â measure. ââ¬ÅThe big concern we have is that a lot of work and clarification needs to be done on this,ââ¬Â says Larry Burton, chief executive of the Business Roundtable, which represents chief executives of the biggest US companies.
But whatever the SEC decides, the regulation is expected to create a potentially significant administrative burden. George Paulin, chairman and chief executive of the pay consultancy Frederick Wââ¬â°Cook & Co, predicts that the ââ¬Åprocedure will be so complex that you will have to hire someone whose sole job will be to manage the preparation of the CEO pay ratioââ¬Â.
http://www.ft.com/cms/s/0/93ff41de-b457-11df-8208-00144feabdc0.html