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Ross Kerber: Maybe Trump and Republicans have stopped being mad about index funds.

By Ross Kerber

Dec. 10 - Financial leaders and corporate leaders will soon learn if U.S. president Donald Trump is going to continue his Republican crusade aimed at giant index funds. Washington trade groups expected last month that the White House would issue an executive directive to reshape corporate governance by imposing new limitations on proxy advisers, and big passive index funds. Republicans claim that the "Big Three", passive firms, including?BlackRock?,?Vanguard? and State Street? "use shareholder voting to advance a political agenda" according to the 2022 staff report of the Senate Banking Committee?s Republican staff.

Since 2022, the votes of fund companies have changed to be more in favor of management. The question is now whether or not the Republican complaints about index funds are still valid. A White House official who spoke on condition of anonymity on Tuesday said that, "Until the WH officially announces any potential executive orders, all discussion is purely speculative."

Corporate governance experts are left to interpret the situation in tea leaves.

Jessica Wirth Strine is a managing director at shareholder advisory firm Jasper Street. She said that despite the rumors most people do not believe anything'really dramatic' will happen with an EO in terms of index fund voting. Others agree that reducing index funds' influence would empower traditional, environmental and social shareholder activists. She said: "We all know that it would be a strange thing to do to deprive the largest and most corporate-friendly shareholders of their governance rights."

The Big Three are the new kingmakers. By offering low fees and attracting a combined total of $31 trillion in assets under management, they have become kingmakers during annual shareholder meetings. The Big Three are the largest investors in most S&P 500 firms and have a significant influence on questions such as which directors should be elected or how a firm reports its 'carbon emissions.

Around 2020, big funds will support more shareholder resolutions that are socially and environmentally focused. This is a response to the Black Lives Matter Movement and efforts to reduce climate change. The Republican Senators, led by Dan Sullivan from Alaska, who claimed that the 'Big Three' were reducing energy investments, including those in indigenous communities, introduced the INDEX Act in response. This would allow funds to pass on voting preferences to clients. The bill failed to pass, but it has been reintroduced. On Tuesday, Sullivan posted on Facebook, "I commend Trump's administration for looking again at policies like the INDEX Act, which I have previously introduced, in order to fix this massive distortion of the market."

As skeptics grew in their attacks on environmental and social causes the votes of the Big Three dropped sharply between 2022 and this year, putting many resolutions at risk. Vanguard for example, did not support any such resolutions in the past year, while BlackRock supported only 2%. According to the fund firms, they responded based upon the merits of new propositions after many companies had made changes. The fund firms have also introduced "pass-through vote" programs, as Sullivan wants. However, these are still limited due to technical reasons.

Boardroom Allies The Big Three have also emerged as allies of CEOs who are facing activist funds that want to replace directors in highly-publicized proxy contests. Take a look at?one the most important boardroom battles of this year. It was Phillips 66's in May. After a bitter election campaign, the company and activist Elliott Investment Management won each two seats. Elliott was pushing for asset sales while management stuck to its strategy.

The Big Three accounted for about a third all votes cast. Disclosures reveal that they backed each of the four Phillips 66 Candidates. The activist candidates would all have won without the Big Three. James?Copland is a senior fellow with the Manhattan Institute, a conservative think tank. He has proposed an executive order that would require passive funds "mirror voting" the votes cast by active investors. This would reduce the influence of The Big Three.

Copland, despite their recent pro management stances said that he still hopes new restrictions will be placed on index fund voting. He said that nothing prevents them from changing their vote once the political winds change. State?Street refused to comment. Vanguard's spokesman pointed to a letter sent to banking regulators by the Pennsylvania fund company last year, in which it advocated for one standard of "passivity" among index funds. The spokesman said that Vanguard plans to expand its Investor Choice Voting program. BlackRock declined to comment on the remarks made by CEO Larry Fink at a New York Times DealBook Conference last week. Fink said that limiting the voting of his funds would empower other investors. Fink stated that "almost every CEO who approaches BlackRock about this issue is afraid of the outcome."

(source: Reuters)