Preliminary Apple proxy filing details Carl Icahn's $50B stock buyback plan up for shareholder vote

Posted:
in AAPL Investors edited January 2014
Apple on Friday posted its preliminary proxy statement with the U.S. Securities and Exchange Commission, which included, among other operating necessities, details of a $50 billion stock repurchase proposal submitted by Carl Icahn.

Icahn
Investment guru Carl Icahn.


With its preliminary proxy filing, Apple covered the goings on of 2013 and outlined its plan for the upcoming 2014 fiscal year.

While much of the preliminary proxy is comprised of standard information to satisfy shareholder and SEC requirements, a few bits of data are of particular interest to those following Apple's operations.

As per usual, proposals up for shareholder vote are among the most contentious issues in the statement. Of particular interest is Proposal No. 10 for a "Non-Binding Advisory Resolution Relating to the Company's Capital Return Program," which involves billionaire investor Carl Icahn's push to return additional cash to AAPL shareholders by picking up the pace of its stock repurchase program to $50 billion by the end of fiscal 2014.

Icahn intends to submit the following proposal at Apple's upcoming shareholders meeting:
"RESOLVED, that the shareholders hereby approve, on an advisory basis, High River's proposal that Apple commit to completing not less than $50 billion of share repurchases during Apple's fiscal year ending September 27, 2014 (and increase the amount authorized for share repurchases under its Capital Return Program accordingly)."
In October, Icahn said he would consider bringing the $50 billion proxy vote up during Apple's Annual Meeting, which would force Apple executives to buy back more of their own shares. Icahn offiically filed the proposal in December, saying "Apple is not a bank" in reference to the company's gigantic overseas cash hoard.

At the end of the fourth quarter of Apple's fiscal 2013, the company held $148.6 billion in cash, $35.5 billion of which was held domestically. At the time, there were no plans to repatriate any portion of the cash pile.

Icahn revealed in October that he had at the time 4.7 million shares of AAPL stock, up from a previous total of 4 million. That would give him nearly $2.7 billion stake in the company at its current value.

For its part, Apple recommends a vote against the proposal, saying "The Board and management team are thoughtfully considering options for returning additional cash to shareholders and are currently seeking input from shareholders as part of the Company's regular review." According to the proxy statement, Apple will complete a regular review and analysis of the issue and announce any changes to the current program by March or April of next year.
Apple spent a combined $43 billion on dividends and share repurchases over the program's first six quarters.
During fiscal 2013, Apple spent $23 billion of an expanded $60-billion share repurchase authorization, which contributed to combined dividend payments and repurchases totaling over $43 billion since the program was initiated some six quarters ago.

Apple notes that, while against this particular repurchase plan, it is "fully committed to returning cash to shareholders." The board of directors and upper management believe any such returns should be conducted on an "efficient and sustained" basis that considers the long-term interests of the company and shareholders.

Apple's existing plan, which is already in action, is to buy back $100 billion worth of stock through 2015 and dish out dividend payouts to shareholders.

In addition to the proposals up for vote, Apple's preliminary proxy offered a look at the previous year's operating expenses, including a peek at executive salaries.

Apple CEO Tim Cook was paid a total of $4.25 million for 2013, not including restricted stock units scheduled to vest at a later date. Other top executives like CFO Peter Oppenheimer, SVP of Internet Software and Services Eddy Cue, and SVP of Hardware Engineering Dan Riccio all received salaries of about $2.6 million.

Apple's shareholders meeting will take place on Feb. 28 at the company's headquarters in Cupertino, Calif.

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Comments

  • Reply 1 of 120
    rogifanrogifan Posts: 10,669member
    Apple CEO Tim Cook was paid a total of $4.25 million for 2013, not including restricted stock units scheduled to vest at a later date. Other top executives like CFO Peter Oppenheimer, SVP of Internet Software and Services Eddy Cue, and SVP of Hardware Engineering Dan Riccio all received salaries of about $2.6 million.
    Anyone know why Ive is the only SVP not listed as an executive officer and thus his salary and stock options aren't required to be disclosed with the SEC? One would assume his salary and options are equal to what the other SVPs receive. :\
  • Reply 2 of 120
    Quote:

    Originally Posted by Rogifan View Post





    Anyone know why Ive is the only SVP not listed as an executive officer and thus his salary and stock options aren't required to be disclosed with the SEC? One would assume his salary and options are equal to what the other SVPs receive. image

    Maybe being a knight means he's exempt.

  • Reply 3 of 120
    chris_cachris_ca Posts: 2,543member
    [quote] Icahn revealed in October that he had at the time 4.7 million shares of AAPL stock, up from a previous total of 4 million. That would give him nearly $2.7 billion stake in the company at its current value[/quote]
    The buyback should be only for those with less than, ~100,000 shares.
    This puts money in the pocket of the "little" man and not institutions/large shareholders, to stimulate the economy.
  • Reply 4 of 120
    Icahn just worried about $$$$$$! For himself. 50 billion buyback will not benefit shareholders unless stock goes up and P/E ratio goes down
  • Reply 5 of 120
    rogifanrogifan Posts: 10,669member
    creep wrote: »
    Maybe being a knight means he's exempt.
    I suppose he's perfectly fine with keeping his salary and stock options private.
  • Reply 6 of 120
    What are icahns plans after the $50B buy back? Fire sale every stock he's got? I personally am upset that he would openly dictate business decisions that so obviously benefit himself over the company he has stock in. Greed is apparently his closest friend. Apple is supposed to spend another $50B for one persons benefit? Good idea. If you're not interested in a company succeeding over the long term, don't buy their stock and stay out of their business... actually, stay out of their business, period. Aren't you happy with the tons of money they made you? Or is it never enough - so you keep brazenly squeezing out every last dime at everyone else's expense.
  • Reply 7 of 120

    Why would larger buybacks not be a good thing? Any economists here? 

  • Reply 8 of 120
    jungmarkjungmark Posts: 6,926member
    creep wrote: »
    Maybe being a knight means he's exempt.
    rogifan wrote: »
    Anyone know why Ive is the only SVP not listed as an executive officer and thus his salary and stock options aren't required to be disclosed with the SEC? One would assume his salary and options are equal to what the other SVPs receive. :\

    British title have no sway in the US.

    I suppose he's not considered a SVP with a “policy-making function.”
  • Reply 9 of 120
    jungmarkjungmark Posts: 6,926member
    Why would larger buybacks not be a good thing? Any economists here? 

    No economist but I once stayed at a Holday Inn Express.

    More debt for Apple. A rise in stock price due to a buy back would just be a short term play.

    Vote No and tell Crazy Carl to scheme another company.
  • Reply 10 of 120
    poochpooch Posts: 768member
    jungmark wrote: »
    Vote No and tell Crazy Carl to scheme another company.

    it bears repeating.
  • Reply 11 of 120
    Quote:

    Originally Posted by jungmark View Post







    British title have no sway in the US.



    I suppose he's not considered a SVP with a “policy-making function.”

    *whoosh*

  • Reply 12 of 120
    rob53rob53 Posts: 3,250member
    Quote:

    Originally Posted by jungmark View Post



    ...

    Vote No and tell Crazy Carl to scheme another company.

    Since I finally own some AAPL stock, I should be getting any voting forms and will definitely vote NO. Apple management might not be perfect but at least they care about Apple and not whether some stock manipulator like Icahn makes any more money than he already has with the raising stock prices. Talk about being greedy!

  • Reply 13 of 120
    Quote:

    Originally Posted by Rogifan View Post





    Anyone know why Ive is the only SVP not listed as an executive officer and thus his salary and stock options aren't required to be disclosed with the SEC? One would assume his salary and options are equal to what the other SVPs receive. image

    maybe as a result of the fiasco that is iOS 7 he is being shown the door and Scott Forstall is coming back to take his spot.  /s

  • Reply 14 of 120
    rob53rob53 Posts: 3,250member
    Quote:

    Originally Posted by sog35 View Post

     

     

    Its a good thing.

     

    A decrease in share count means each share represents a larger percentage of the company.  For example if there were 100 shares available and you owned 10 shares you would own 10% of the company.  If a buyback purchases 50 shares then you would own 20% of the company.  You would have 20% stake in all of Apple's assets.  As far as stock price it should go up also since Earnings PER SHARE will go up since there are less shares outstanding.

     


    This is what worries me about iCahn. I don't want some short-termer destroying Apple to make money for himself. I would rather see Apple go private and get rid of all these outside distractions. 

  • Reply 15 of 120
    Icahn put up his money, was given a microphone and has spoken. The Apple PE is 14, which suggests that the market does not think it is a growth company. Now the microphone is now in management's hands. If Warren Buffet made the same suggestion, would he be considered GREEDY. Is it the message or the messenger? Compare the amount of stock that Icahn has, is it more that the total stock held my senior management and directors? Seems years ago the directors of Apple FIRED a guy named Jobs. We live in interesting times, but bottom line the stockholders will decide. Imagine if all stockholders had to own stock for five years? People now buy weekly options. Do we call them much more greedy than Icahn?
  • Reply 16 of 120
    red oakred oak Posts: 1,088member
    Go away Carl. Go away

    Apple should stop engaging with him directly. It's a waste if management's time. Let him sell his 1% of stock. No one gives a shi*
  • Reply 17 of 120
    I plan on voting against the Icahn proposal. He's not a long on AAPL and his motives are well-known. He'd rather bleed Apple dry and kick the corpse than let Apple maintain their leadership position.
  • Reply 18 of 120
    Apple will have to bring back $75B to clear the $50B after 30% tax. 1% return vs taking a $25B bath until some form of lower repatriation % is struck seems like a good decision.
  • Reply 19 of 120
    christophb wrote: »
    Apple will have to bring back $75B to clear the $50B after 30% tax. 1% return vs taking a $25B bath until some form of lower repatriation % is struck seems like a good decision.

    There is no political will in Congress or the White House to get behind a change in tax policy.
  • Reply 20 of 120
    gtrgtr Posts: 3,231member
    Quote:

    Originally Posted by AppleInsider View Post

     
    Icahn


     

    When Keyser Söze puts his kids to bed at night, if they’re naughty, he threatens them with this picture.

     

    “Don’t go to sleep for your pop and Carl Icahn will get you."

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