The
agency problem is a situation in which directors of an organization act in such
a way that result in against the interest of investors and shareholders of the
company. Following Companies Act, organizations are responsible to comply with
the interest of shareholders. In the case of Lehman Brothers, the directors of
the bank decided against the interest of the shareholders as a result of which
they created agency problems for them. Board of directors in Lehman Brothers
invested money in risky products such as subprime derivatives and commercial
real estate markets. These products had clear risky future. While the excessive
debt taken from the financial markets was also an example of a risky decision
on the invested money of shareholders. Consequently, the majority of actions by
the Lehman brothers board of directors were against the key interest of
shareholders. Investors and shareholders of the bank were interested to earn
maximum return on their investments with minimum chances of loss. However, when
the board of directors invested their money in highly risky products and
resulted in a decrease of liquidity level then investors and shareholders faced
a direct decline in their return on investment amounts. In fact, analysis
represents that Lehman Brothers Bank was bankrupted with zero liquidation of
available current assets. Bank was failed to meet its obligations regarding the
excessive debt taken from the market. Moreover, the risky products failed to
produce the required level of revenue streams which could manage the liquidity
conditions in the bank. Thus the whole situation suggests that boards of
directors in Lehman Brothers Bank created agency problem because of wrong
decisions taken at the corporate level.
A
proposed solution to mitigate this agency problem is to pay more attention to
the NED. NED stands for non-executive directors of an organization. A
non-executive director (NED) mitigate the agency problem by reviewing the
decisions of corporate management and relating these decisions to the interest
of shareholders. Moreover, non-executive directors can encourage full
transparency in the organization. Furthermore, non-executive director NED also
creates restrictions on the capabilities of agents while supporting the
compensation structure to the well-being of the principal. NED in corporate
governance also stands for the protection of shareholders and investors
interest in the bank. Thus, conclusively it can be said that such a situation
of agency problem can be mitigated by supporting and using non-executive
director NED’s in the organization.