Tyco to look at moving back to US
Tyco International shareholders will be asked to vote to move the company to the United States from Bermuda at their annual general meeting in March, the Financial Times reported on Friday.
And the board of Tyco, while recommending that shareholders reject the shareholder resolution has said it still intends to evaluate whether a move would be worthwhile.
The Financial Times quoted a regulatory filing that said the company had not yet had the chance to review the Bermuda registration.
Tyco has been included in the US political storm over corporate inversions, in which in which US companies relocate to offshore tax havens in moves the US Government believe are efforts to avoid tax and regulatory obligations.
Tyco, which has its main operating headquarters in New Hampshire, moved to Bermuda when it merged with Bermuda-registered security firm ADT.
Dennis Kozlowski, Tyco's former chief executive, and former chief financial officer Mark Swartz are accused of looting more than $170 million from the group. The scandal has increased pressure on Tyco's new management and directors to reconsider the Bermuda registration.
"Incorporation in Bermuda makes it more difficult for shareholders to hold companies, their officers and directors legally accountable in the event of wrongdoing," the pension plan for the American Federation of State, County and Municipal Employees wrote in support of its resolution.
Tyco said in response that it was still subject to US laws and regulation and advised shareholders to vote against the motion, which will be considered at its next annual meeting, due to be held in Bermuda in March.
Shareholders of Tyco have also proposed splitting the chairman and chief executive roles, indexing executive stock option awards to the performance of industry peers and seeking shareholder approval for severance agreements that reward departing executives above a certain value.
Tyco recommended a vote against all the motions.
