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Policy Proposal - Stock Quid Pro Quo for WTO and Gov't. Largesse



Dear Homesteaders:

        This is the proposal I have referred to in my 9/21 email to Shann Turnbull. It was originally buried in an email I sent Homestead that included a long off-line discussion I had with David Korten, author of When Corporations Rule the World and a leader of the International Forum on Globalization. Please learn from my mistakes and put a meaningful subject heading on any email from which you hope to generate responses.

I am currently working on an article for the American Prospect web site on the ICC aspects of the
>> >> >> WTO and its world government constitutional ramifications. The
>> >> >> essential point is that throughout US histsory, the ICC has been the
>> >> >> engine of increased federal power and decreased state power,and that
>> >> >> civil society must retain ultimate authorithy over the interests of
>> >> >> commerce.  In some cases, like the New Deal legislation, the broad ICC
>> >> >> reach has been a good thing. But the New Deal was created in response
>> >> >> to enormous agitation in the streets for social and economic justice.
>> >> >>
>> >> >>         In response to your request for specific proposals, that might
>> >> >> be discussed at your Globalization Teach-in, following is an excerpt
>> >> >> from a proposal I am only now sending out to the COG Homestead
>> >> >> discussion group. It has not yet been reviewed or discussed by the
>> >> >> others. It is a concept that could be used in international trade
>> >> >> agreements or charters or in national or regional constitutions or as
>> >> >> legislation.
>> >> >>
>> >> >>         It is not a COG position. At present it is solely my
>> >> >> responsibility. I began working on it based on conversations I had
>> >> >> with Bill Greider on solutions to the problems he outlined in his
>> >> >> book, One World Ready or Not, the Manic Logic of Global Capitalism.  I
>> >> >> highly recommend his book for both problem exposition and an outline
>> >> >> of some solutions.
>> >> >>
>> >> >>         My proposal is still in development.  I hope to have in a more
>> >> >> useable and publishable form as of the November 30 events.  Please do
>> >> >> not publish it without my consent, as I would like to further refine
>> >> >> it. However, a rough draft  is:
>> >> >>
>> >> >>         " One of several proposed solutions to the problem of capital
>> >> >> concentration is: broad individual ownership of productive capital by
>> >> >> the general population, derived from future retained earnings, NOT
>> >> >> expropriation of existing wealth. This particular proposal is one of a
>> >> >> number being discussed on-line at the Capital Ownership Group/ virtual
>> >> >> conference center at http://cog.kent.edu in the “Industrial Homestead
>> >> >> Policy",open to the public.
>> >> >>
>> >> >>         (This group is discussing several proposals related to the
>> >> >> WTO. In various ways they all deal with requiring corporations to
>> >> >> distribute ownership to employees, local communities and/or the
>> >> >> general public in exchange for benefits they get from either trade
>> >> >> agreements or governments. COG invites participation from others who
>> >> >> are interested in serious discussion about creating proposals,
>> >> >> implementation strategies and vehicles. COG’s primary concern is to
>> >> >> develop an ongoing coalition to create a viable alternative to the WTO
>> >> >> model that meets the needs of people in the developing and the
>> >> >> developed world. We want to create policy proposals around which
>> >> >> people's organizations can coalesce and organize.  COG is building an
>> >> >> on-line library and welcomes articles and links to other websites.)
>> >> >>
>> >> >>
>> >> >>  Stock Quid Pro Quo Proposal
>> >> >>
>> >> >> 1) Intent: Stock to workers, citizens and labor-venture funds as quid
>> >> >> pro quo for government largesse
>> >> >>
>> >> >> The intent of this proposal is to reverse concentration of capital,
>> >> >> provide a stream of income for all citizens, and give citizens a voice
>> >> >> in governance of major corporations.
>> >> >>
>> >> >>           a)      Use existing government largesse to businesses to
>> >> >>           require distribution of capital to citizenry at large.
>> >> >>           b)      Create a diverse electorate within corporations as
>> >> >>           political hegemony transfers from nation-states to global
>> >> >>           corporations.
>> >> >>           c)      Create new private, stock fund entities, modeled on
>> >> >>           the Canadian Labor Venture Funds, to manage these assets in
>> >> >>           the collective self-interest of the citizen-shareholders.
>> >> >>           d)      Use the citizen-shareholder funds both to educate
>> >> >>           the citizen-shareholders and to help them wield their market
>> >> >>           power in the interests of local communities.
>> >> >>
>> >> >> 2) Proposed Language
>> >> >>
>> >> >> This is rough draft model language for amendment of national
>> >> >> constitutions, model state or local legislation, might serve as a
>> >> >> “green light subsidy proposal” in international trade proposals such
>> >> >> as the Multilateral Agreement on Investment (MAI), the North American
>> >> >> Free Trade Agreement (NAFTA), the Free Trade Agreement of the Americas
>> >> >> (FTAA) and other similar international agreements on investment and
>> >> >> trade, or as an addition to the UN Charter or in other international
>> >> >> agreements such as a policy direction for the United Nations
>> >> >> Commission on Trade and Economic Development (UNCTED).
>> >> >>
>> >> >>  “In exchange for government largesse (from every level of government)
>> >> >> to businesses require governments to provide a quid pro quo at fair
>> >> >> market value to the common weal.”
>> >> >>
>> >> >> 3) Definitions of these terms (perhap in enabling legislation):
>> >> >>
>> >> >>  “Commonweal” means private or public entities, including
>> >> >> non-governmental trusts, employee trusts, community trusts, stock
>> >> >> funds, investment funds, co-operatives, for-profit and non-profit
>> >> >> corporations, and other entities provided they met specific tests of
>> >> >> bona fide interest in protecting the long term economic, social,
>> >> >> ecological and/or cultural interests of the local citizens. When
>> >> >> developed in greater detail this definition shall provide mechanisms
>> >> >> for responsible parties, such as labor-venture funds (such as those in
>> >> >> Quebec and Manitoba fashioned under the Canadian labor-venture fund
>> >> >> law), community development financial institutions, credit unions, and
>> >> >> other certifiably locally controlled financial institutions to hold
>> >> >> the quid pro quo stock responsibly in a manner that would encourage
>> >> >> public markets to continue to invest in these companies and
>> >> >> communities.
>> >> >>
>> >> >>  “ Government largesse” means any tax deduction, abatement, grant,
>> >> >> government subsidized or guaranteed loan, license, lease, concession,
>> >> >> or contract, etc.
>> >> >>
>> >> >>  “Fair market value” has its current definition under the US Internal
>> >> >> Revenue Service and the US Tax Court ( or similar institutions in
>> >> >> other countries or within international trade law, if such a concept
>> >> >> exists therein and is as well developed as the US tax law concept.
>> >> >>
>> >> >>  “Quid pro quo” means corporate common stock with the greatest voting
>> >> >> and dividend rights or preferred stock convertible into such common
>> >> >> stock or its equivalent in cash.
>> >> >>
>> >> >> 4) Intended Effects?
>> >> >>
>> >> >>      a)      Deter government units from competing with each other for
>> >> >>      corporate location by means that undermine local economies.
>> >> >>      b)      Build a diverse stock portfolio for every citizen over a
>> >> >>      generation.
>> >> >>      c)      Create a source of non-wage income and a vote in
>> >> >>      corporate decision from a diverse citizenry.
>> >> >>      d)      Create means for the new corporate citizenry to
>> >> >>      intelligently and collectively exercise their concerns by
>> >> >>      electing some members of the boards of directors of the funds
>> >> >>      that hold their stock.  The majority of the board members would
>> >> >>      need to meet fiduciary competence criteria and the funds would
>> >> >>      have to carry fiduciary insurance. The boards of these funds
>> >> >>      would hire professional managers.  Some of these funds could be
>> >> >>      pension type and others could be more like mutual funds or IRAs.
>> >> >>      Individuals would have the ability to move their funds every five
>> >> >>      years to a similar type of fund (i.e. pension money might have to
>> >> >>      move only to other pension type funds).  Thus the funds could be
>> >> >>      assured of patient capital, while individuals would have some
>> >> >>      ability to vote with their feet, and some ability to use their
>> >> >>      own capital to create new businesses, buy homes, educate
>> >> >>      children, etc.
>> >> >>
>> >> >> 5)      What Next?
>> >> >> Use these proposals as a program (or part of a larger program) around
>> >> >> which to organize diverse constituencies concerned with capital
>> >> >> concentration and loss of local control by labor and local
>> >> >> governments, and as part of the civil society agenda for trade
>> >> >> negotiations promoted by citizen groups."

I look forward to your comments.

Deb Olson
>
Attorney Deborah Groban Olson
Principal
Shared Equity Strategies, Inc.
3163 Penobscot Bldg.
645 Griswold St.
Detroit, MI 48226
(ph) 313/ 331-7821  or 964-2460
(f) 313/ 331-2567     or 964-4065

dgo@EsopLaw.com
www.EsopLaw.com
www.Shared-Equity.com

ESOP and stock plan professionals, providing legal, financial and administrative guidance to create and maintain employee stock ownership plans and other forms of equity compensation.