Will ASX kick out companies that don't have board diversity?

NASDAQ proposes mandatory rules to get more women, minority and LGBTQ onto company boards. Will Australia follow?

| More on:

You’re reading a free article with opinions that may differ from The Motley Fool’s Premium Investing Services. Become a Motley Fool member today to get instant access to our top analyst recommendations, in-depth research, investing resources, and more. Learn More

US stock exchange Nasdaq Inc (NASDAQ: NDAQ) this week submitted a plan to force its listed companies to have diversity on their boards.

The proposal sent to the US Securities and Exchange Commission on Wednesday Australian time would see mandatory inclusion of one female board member on each company, plus another who is in a racial minority or is an LGBTQ person.

Companies that do not meet those rules could get kicked off the NASDAQ.

NASDAQ is the second largest share market by market capitalisation in the world. 

Giants like Microsoft Corporation (NASDAQ: MSFT), Apple Inc (NASDAQ: AAPL), Amazon.com Inc (NASDAQ: AMZN) and Tesla Inc (NASDAQ: TSLA) all live there.

More than 75% of its listed companies would not meet the requirements of its new proposal, NASDAQ found.

asx share price resignation represented by man kicking miniature man through the air

Image source: Getty Images

Will the ASX also mandate diversity in Australian boardrooms?

An ASX Ltd (ASX: ASX) spokesperson told The Motley Fool the local bourse would concentrate on getting its listed companies to be transparent, rather than mandating particular values.

"ASX's focus is on disclosure and ensuring that investors have information about the corporate governance practices of companies to make informed investment decisions."

The ASX spokesperson said that the exchange's Corporate Governance Council has a guideline stating all companies should "set measurable objectives for achieving gender diversity in the composition of its board, senior executives and workforce generally".

There are no clauses relating to ethnic minorities or LGBTQ representation.

"Under Listing Rule 4.10.3, ASX listed entities are required to benchmark their corporate governance practices against the Council's recommendations and, where they do not conform, to disclose that fact and the reasons why," said the ASX spokesperson.

"It is for the market to pass judgment on whether it thinks the practices adopted by the company are appropriate or not."

The Corporate Governance Council is made up of 19 business, shareholder and industry representative bodies.

Why the same people are on all the boards

Despite the ASX's reticence, investor groups have called for greater diversity on boards. Critics have said the same people merely switch between Australian boardrooms.

"It is still social connections that drive board appointments," former independent NRMA director Richard Talbot wrote on SMH.com.au.

"It's a small gene pool with few outsiders. It leads to 'group think', under which directors become more concerned with being liked and connected. In Sydney, they cluster in the eastern suburbs. They go to the same schools, then mix with the same people in legal firms and big accounting firms."

In October, 9 major institutional shareholders — HESTA, Aberdeen Standard Investments, BlackRock Australia, Ellerston Capital, Fidelity International, First Sentier Investors, IFM Investors, Pendal Group and WaveStone Capital — started the 40:40 Vision campaign.

The program will push for all S&P/ASX 200 Index (ASX: XJO) companies to have 40% female representation in executive roles by 2030.

HESTA chief executive Debby Blakey said at the current rate it would be 80 years before equal gender representation would be seen at the CEO level.

"We see lack of gender diversity in leadership as a financial risk," she said.

"Companies that fail to consider 50% of the population for leadership positions risk missing out on the best people and the performance of the organisation will eventually suffer."

John Mackey, CEO of Whole Foods Market, an Amazon subsidiary, is a member of The Motley Fool’s board of directors. Teresa Kersten, an employee of LinkedIn, a Microsoft subsidiary, is a member of The Motley Fool’s board of directors. Tony Yoo owns shares of Amazon. The Motley Fool Australia's parent company Motley Fool Holdings Inc. owns shares of and recommends Amazon, Apple, Microsoft, and Tesla. The Motley Fool Australia's parent company Motley Fool Holdings Inc. recommends Nasdaq and recommends the following options: long January 2022 $1920 calls on Amazon and short January 2022 $1940 calls on Amazon. The Motley Fool Australia has recommended Amazon and Apple. We Fools may not all hold the same opinions, but we all believe that considering a diverse range of insights makes us better investors. The Motley Fool has a disclosure policy. This article contains general investment advice only (under AFSL 400691). Authorised by Scott Phillips.

More on ASX Share Market News

Man analysing data on his laptop.
ASX Share Market News

5 things to watch on the ASX 200 on Monday

It looks set to be a soft start to the week for Aussie investors.

Read more »

Happy young couple doing road trip in tropical city.
ASX Share Market News

Looking for income for life? These are the ASX shares I'd consider

The trick is to find quality businesses that can keep dividends growing for years.

Read more »

Smiling woman with a coffee in hand using a smartphone while her electric vehicle charges.
ASX Share Market News

These are the 10 richest people in the world in September

Who are the richest people in the world right now?

Read more »

Businessman planning and analysing investment data.
ASX Share Market News

How to build a winning ASX share portfolio and create wealth

Here are steps you can take to build significant wealth.

Read more »

Two smiling colleagues looking at a tablet in a data centre.
Broker Notes

Top brokers name 3 ASX shares to buy next week

Brokers gave buy ratings to these ASX shares last week. Why are they bullish?

Read more »

Confident male executive dressed in a dark blue suit leans against a doorway with his arms crossed in the corporate office
ASX Share Market News

ASX 200 bank shares led a financial sector rebound last week

Stronger-than-expected GDP data rattled the market but bank stocks rose strongly. Here's why.

Read more »

Woman and man worker in quarry on excavation machine looking at a clipboard.
Broker Notes

Up 57%! Should I still buy Rio Tinto shares today?

A leading analyst provides his forecast for Rio Tinto’s rocketing shares.

Read more »

A guy shrugs his shoulders, not sure which is the right decision.
Broker Notes

Buy, hold, sell: South32, Australian Finance Group and Magellan shares

One downgrade, one warning, one buy.

Read more »