Keywords
Stock Buybacks, Economic Inequality, Disclosure Requirements, Market Manipulation
Abstract
This note provides an overview of the intensifying debate around the impact that stock buybacks have on economic inequality and the proposals designed to reform the practice. With the advent of the Securities and Exchange Commission’s (SEC) 1982 promulgation of Rule 10b-18, corporations began allocating vast portions of their profits to stock buybacks. In recent years, this practice has become increasingly more common and has surpassed previous historical benchmarks.
Critics of stock buybacks primarily view the practice as a misuse of excess corporate funds that could instead be allocated to improve employee working conditions, benefits, and future outcomes. Opponent’s concerns surrounding buybacks and inequality have been fueled by recent corporate tax cuts under the Trump administration. In many instances, additional funds provided by these tax cuts have been used to conduct buybacks as workers’ wages remain stagnant and executive compensation becomes more frequently tied to stock-based instruments. As a result of stock price increases associated with buyback announcements, issues around the incentive for executives to initiate such programs have come into question.
In an effort to curb buybacks, many prominent lawmakers and academics have undertaken efforts to reform current regulations governing corporations conducting repurchase programs. However, proponents of buybacks believe that concerns related to buybacks impact on economic inequality are misplaced and potentially jeopardize legitimate uses of such programs. This Note examines the arguments shaping this debate and presents a reform proposal which endeavors to provide a balanced approach to regulating buybacks by modifying existing disclosure frameworks.
Recommended Citation
Joshua Zelen, Goodbye Buybacks? Why Recent Stock Buyback Reform Proposals Go Beyond What is Necessary, 27 Fordham J. Corp. & Fin. L. 301 (2022).
Included in
Business Administration, Management, and Operations Commons, Business Organizations Law Commons, Portfolio and Security Analysis Commons, Securities Law Commons