Can become more styrekluss in Light – Aftenbladet.no

Tuesday 29 April will elect new directors at Lyse Energi AS.

Sandnes municipality’s co-owner right on one representative on the board. Mayor Stanley Wirak will replace current chairman Ivar Rusdal with Pål Morten Borgli (FRP). The Nomination Committee of light, with Sagen Helgø leader, disagrees and will keep Ivar Rusdal.

– Nomination Committee has held many meetings and discussed thoroughly. The Committee is unanimous in the proposal. The choice is made considering what is best for the company. We should not feel pressured to choose a person who is not the best for the job, says chairman and committee chairwoman Christine Sagen Helgø. Yesterday saw Helgø preliminary meeting with members of the corporate assembly in Stavanger.

Nomination Committee’s role

Bright has a board and general meetings. In 2001, they also have a nomination committee that will ensure that people with different backgrounds, knowledge and gender are represented on the board.

– Until 1998, suggested the owners and municipalities only male directors. On this basis, the Nomination Committee created, says Sagen Helgø.

Sandnes Mayor Stanley Wirak think Nomination Committee’s proposal is contrary to the shareholders’ agreement. An agreement that the parties must adhere to when choosing new board members. Wirak the election committee should have listened to Sandnes its proposal to set Pål Morten Borgli the board.

– Shareholder agreement provides that holders the right to elect our own representative. It seems strange if someone who has made a deal can suddenly say that it does not apply. Another point is how to promote cooperation between Stavanger and Sandnes, Stavanger Now when trying to choose our representative. Stavanger has its own two members of the board of Bright. I do not want others to instruct us about who we should put on the board, says Wirak.

Who decides?

saw Helgø points out that the nomination committee’s proposal is completely independent and in light of what they think is the best for light. But if business meeting decide to keep Rusdal (Nomination Committee’s proposal) instead of Borgli (owner / Sandnes municipality’s proposal) may get a different result.

business meeting elects in violation of the owners’ desire AGM has the right to choose new corporate assembly. The corporate assembly consists of 66 people; those voting in the election. The shareholder agreement states that each of the owners have the right to “demand called for an extraordinary general meeting to elect new members to the Corporate Assembly.”

– We have not laid a plan for what will be the next step if the election results are contrary to our desire, says Wirak.

Prosecution’s response

Because of the discussion on this issue has Sagen Helgø set an independent lawyer to look into the selection committee’s role. She asked three questions to Christian Wille Kaisen from Kluge Law Firm:

1 Is the Election Committee committed, possibly justified to recommend the candidate Sandnes municipality has “nominated” to “their” control room?

2 Is the company (at the business meeting) “committed” to select the director Sandnes nominated in the sense that it is legally precluded from valid to select another candidate to the appropriate place on the board?

3 Can an own municipality instruct “their” members of the corporate assembly with the effect that each of these personal are legally obliged to vote in accordance with the municipality’s nomination?

note from the lawyer says that the nomination committee is not bound by shareholder agreement. However, the Committee must take into account the owners’ wishes. “But such guidelines in their current form, it must be excluded in principle to” automatically “add such wishes basis for the selection committee,” writes lawyer.