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The French election and business The terror The 75% tax and other alarming campaign promises Apr 7th 2012 | PARIS | from the print edition EUROFINS SCIENTIFIC, a bio-analytics firm, is the sort of enterprise that France boasts about. It is fast-growing, international and hungry to buy rivals. So people noticed when in March it decamped to Luxembourg. Observers reckon it was fleeing France’s high taxes. It will soon be joined by Sword Group, a successful software firm, which voted to move to Luxembourg last month. As France enters the final weeks of its presidential campaign, candidates are competing to promise new measures that would hurt business. François Hollande, the Socialist candidate, and the current favourite to win the second and final round on May 6th, has promised a top marginal income-tax rate of 75% for those earning over €1m ($1.3m). He has declared war on finance. If the Socialists win, he pledges, corporate taxes will rise and stock options will be outlawed. Other countries welcome global firms. “France seems to want to keep them out,” sighs Denis Kessler, the boss of SCOR, a reinsurer. Jean-Luc Mélenchon, an even leftier candidate than Mr Hollande, has been gaining ground. Communists marched to the Bastille on March 18th to support him. The right offers little solace. Nicolas Sarkozy, the incumbent, is unpopular partly because of his perceived closeness to fat cats. To distance himself, he has promised a new tax on French multinationals’ foreign sales. If Mr Hollande wins, he may water down his 75% income-tax rate. But it would be difficult to back away from such a bold, public pledge. And doing business in France is hard enough without such uncertainty. Companies must cope with heavy social charges, intransigent unions and political meddling. The 35-hour work week, introduced in 2000, makes it hard to get things done. Mr Hollande says he will reverse a measure Mr Sarkozy introduced to dilute its impact by exempting overtime pay from income tax and social charges. The 75% income-tax rate is dottier than a pointilliste painting. When other levies are added, the marginal rate would top 90%. In parts of nearby Switzerland, the top rate is around 20%. French firms are already struggling to hire foreign talent. More firms may leave. Armand Grumberg, an expert in corporate relocation at Skadden, Arps, Slate, Meagher & Flom, a law firm, says that several big companies and rich families are looking at ways to leave France. At a recent lunch for bosses of the largest listed firms, the main topic was how to get out. Investment banks and international law firms would probably be the first to go, as they are highly mobile. Already, the two main listed banks, BNP Paribas and Société Générale, are facing queries from investors about Mr Hollande’s plan to separate their retail arms from investment banking. He has also vowed to hike the corporate tax on banks from 33% to nearly 50%. In January Paris launched a new €120m ($160m) “seed” fund to attract hedge funds. Good luck with that. Last month Britain promised to cut its top tax rate from 50% to 45%. No financial centre comes close to Mr Hollande’s 75% rate (see chart). Large firms will initially find it hard to skedaddle. Those with the status ofsociété anonyme, the most common, need a unanimous vote from shareholders. But the European Union’s cross-border merger directive offers an indirect route: French firms can merge with a foreign company. Big groups also have the option of moving away the substance of their operations, meaning decision-making and research and development. Last year, Jean-Pascal Tricoire, the boss of Schneider Electric, an energy-services company, moved with his top managers to run the firm from Hong Kong (where the top tax rate is 15%). For now, the firm’s headquarters and tax domicile remain in France. But for how long? Pressure to leave could come from foreign shareholders, says Serge Weinberg, the chairman of Sanofi, a drugmaker. “American, German or Middle Eastern shareholders will not tolerate not being able to get the best management because of France’s tax regime,” he says. At the end of 2010, foreign shareholders held 42% of the total value of the firms in the CAC 40, the premier French stock index. That is higher than in many other countries. It is not clear whether the 75% tax rate would apply to capital gains as well as income. As with most of the election campaign’s anti-business pledges, the detail has been left vague. Mr Sarkozy has offered various definitions of what he means by “big companies”, which would have to pay his promised new tax. Some businessfolk therefore hope that the most onerous pledges will be quietly ditched once the election is over. But many nonetheless find the campaign alarming. French politicians not only seem to hate business; they also seem to have little idea how it actually works. The most debilitating effects of all this may be long-term. Brainy youngsters have choices. They can find jobs or set up companies more or less anywhere. The ambitious will risk their savings, borrow money and toil punishing hours to create new businesses that will, in turn, create jobs and new products. But they will not do this for 25% (or less) of the fruits of their labour. Zurich is only an hour away; French politics seem stuck in another century. http://www.economist.com/node/21552219

Are Bay Street's golden days coming to an end? Eoin Callan, Financial Post Published: Wednesday, February 11, 2009 Some of Canada’s banks are already exploring ways to change their reward structure for investment bankers to avoid creating incentives for dealmakers to hastily arrange risky deals and walk away after collecting their bonuses.ReutersSome of Canada’s banks are already exploring ways to change their reward structure for investment bankers to avoid creating incentives for dealmakers to hastily arrange risky deals and walk away after ... When Ed Clark receives his multi-million-dollar bonus next week, the chief executive of TD Bank will face immediate pressure to return the money. Bay Street's best-paid chieftain is being singled out by shareholders after three of his peers handed back their bonuses at a time when bank bosses around the world are being publicly shamed for dragging the globe into the worst recession in decades. The pressure from investors comes amid growing signs that a deep shift is afoot in the way executives and investment bankers on Bay Street are paid that could have a lasting impact on the industry. Shareholders, regulators and politicians are beginning to push for far-reaching changes in incentives in a bid to mitigate risk and help avoid the catastrophic failures that have plunged the global banking industry into crisis. Some of Canada's banks are already exploring ways to change their reward structure for investment bankers to avoid creating incentives for dealmakers to hastily arrange risky deals and walk away after collecting their bonuses. BMO Financial is in the midst of a thorough overhaul of the way it compensates bankers. The review has not been publicly disclosed, but bankers have been told to expect significant changes after similar moves at international banks such as UBS, which has introduced delays and clawback provisions for bonuses. But other banks are likely to be caught flatfooted as Ottawa prepares to sign up to a set of international guidelines on pay for bankers that are being drawn up in advance of an upcoming summit of the Group of 20 nations in London. Canada's top banking regulator said Wednesday that a consensus was emerging at a special three-day meeting in Paris "to set out sound practice guidelines on compensation for the consideration of both the [Financial Stability Forum] and the G20." "There is [a] general agreement that supervisors have a role to play in assessing whether institutions meet and implement sound practices for compensation," Ms. Dickson added by e-mail from Paris. Reform of compensation practices at banks to mitigate risk is likely to be one of the handful of tangible reforms to emerge from the summit of world leaders, said John Kirton, director of the G20 Research Group at the University of Toronto "There are not many areas of consensus ... compensation is an easy one," said the professor. But policymakers stress that Canada is likely to stop well short of moves by Washington to cap pay or other more interventionist approaches that have accompanied part nationalizations in the U.K. Instead, the approach in this country is likely to involve the supervisor taking into account of compensation schemes when evaluating the level of risk at Bay Street banks and determining the amount of capital they must hold in reserve. This is seen as a more subtle way of pressuring banks to reform their compensation schemes. While a link between compensation and capital requirements would be unwelcome on Bay Street, several bank compensation experts said Wednesday it could create an opening for them to tackle huge wage bills, which are a major cost for financial institutions. But the awarding of hefty bonuses amid a recession induced by the financial system has also triggered a wider social debate about executive compensation, as oft-repeated arguments about retaining "talent" wear thin. While these "moral and ethical" views are not shared by many investors who are critical of executive compensation, they see an opportunity to make common cause. Michel Nadeau, director of the Institute of Governance of Private and Public Organizations, said he was shocked by the level of compensation Canadian bank boards had awarded to executives amid a bruising year for investors. "There is something wrong in that world," said the former executive at Caisse de dépôt et placement du Québec, the Quebec pension fund. Shareholders are also not shy about enlisting the muscle of securities regulators in pushing pay up the agenda. A shareholder group representing many of the country's largest investors cited executive compensation as its "number one" priority for 2009 during a private meeting this week with Ontario Securities Commission, according to documents obtained by the Financial Post. The group also drew the attention of enforcement officials to a probe launched by New York Attorney General Andrew Cuomo, who said Wednesday he was investigating "secret" moves to pay bonuses early at Merrill Lynch. While the investors group did not make allegations of wrongdoing, a person familiar with the discussions said there were precedents for securities regulators investigating compensation matters. The Canadian Coalition for Good Governance, which represents investors with $1.4-trillion of assets under management, has also met with the chairmen of each of Canada's top banks. "Compensation is the big issue right now," said Stephen Jarislowsky, a major shareholder in Canadian banks who manages $52-billion. But his immediate focus is next week's bonus award to Mr. Clark, who was paid a $12.7-million bonus by TD last year, making him Bay Street's highest paid executive. "Ed is the worst offender," said Mr. Jarislowsky.