Stephen Pincus at the Canadian Institute Conference

Details

November 30, 2006

9:45am:  Governance Challenges for Income Trusts: Understanding Board Obligation, Unit Holder Protections, Transparency and Management Compensation

Moderator:  Stephen Pincus, Partner, Goodmans LLP

This session will cover:

• Examining the trustee’s legal obligations
• How do a trustee’s fiduciary duties differ from those of a director?
• Assessing trustee risk in the distribution of cash
• Effectively balancing the potentially competing interests of unit holders, management and the trustee
• Best practices when there is a sponsored conversion
• Best practices in dealing with management compensation and long-term incentive plans
• Identifying the risks in utilizing compensation, benefit, short term and long term incentive programs
• Tips and traps in monitoring the audit and disclosure of compensation arrangements
• Distinguishing the rights and remedies of shareholders rights from those of unit holders
• Ensuring trust compliance with:
  • U.S. Securities regulation
  • Canadian Securities regulation
  • Sarbanes-Oxley
• Overcoming the challenges when there is an operating company underneath a trust:
  • the commonality of directors and trustees
  • avoiding conflicts of interests
• Does the structure of income trusts prejudice good governance?
• Analyzing possible legislative reforms

The Canadian Institute’s National Summit on Income Trust, Structuring, Governance & Taxation
November 30 - December 1, 2006
Metropolitan Centre, Calgary