InvestSMART

Lynas head's role flip nets $1 million payout

Lynas Corp boss Nick Curtis was paid almost $1 million in termination fees over the past year, despite never ceasing involvement with the company, according to documents published on Monday.
By · 17 Sep 2013
By ·
17 Sep 2013
comments Comments
Lynas Corp boss Nick Curtis was paid almost $1 million in termination fees over the past year, despite never ceasing involvement with the company, according to documents published on Monday.

The rare earths miner awarded Mr Curtis $953,516 of termination payments after he stepped down from being both the chief executive and executive chairman of Lynas, in favour of becoming non-executive chairman in March.

The payment helped boost his total remuneration for the year to more than $1.72 million, and came in a year when Lynas widened its losses by 5 per cent to $107.4 million

While some of Mr Curtis's termination payment related to accrued annual leave, the remainder was said to be "in accordance with his service agreement".

Such termination payments were not paid to Fortescue Metals founder Andrew Forrest when he switched from the chief executive post to become chairman in 2011, or to WorleyParsons' founder John Grill, who made a similar switch in late 2012.

But nor is it unheard of, with several small mining companies, including failed copper miner Kagara Ltd, using similar termination payouts when executives switch roles.

One corporate governance expert, who declined to be named on Monday, said the payments were not a good look. "Technically, he might be entitled to them, but I'm not sure this is what termination benefits are meant to be for."

Martin Lawrence, of proxy advisory company Ownership Matters, said: "He had it in his contract, so it doesn't matter what anyone else thinks."

Combining an executive role with a directorship has long been frowned on by corporate governance campaigners, and Lynas said the recent change in Mr Curtis' role was to reflect the company's transition from project developer to producer.

Mr Curtis was replaced by Eric Noyrez on March 31, and Mr Noyrez took home $1.91 million for the year to June 30.

Lynas shareholders showed no concern about the termination payments on Monday, lifting the stock by 6 per cent after news that the company had restructured an important $US225 million ($240million) debt facility.

Under the changes, Lynas will have an extra 14 months to hit certain production milestones and achieve certain financial targets.

The restructure was needed to counter sluggish conditions in the rare earths market, and the delayed start to Lynas' processing plant in Malaysia.

The plant is now operational after a series of protests and legal challenges from environmental groups, and is expected to hit full capacity in the December quarter.

Lynas shares closed 2.5¢ higher at 43¢.

Meanwhile, former Rio Tinto chief executive Tom Albanese has been appointed chairman of Vedanta Resources Holdings, a subsidiary of Indian giant Vedanta Resources, which owns a copper mine at Queenstown, Tasmania.
Google News
Follow us on Google News
Go to Google News, then click "Follow" button to add us.
Share this article and show your support
Free Membership
Free Membership
InvestSMART
InvestSMART
Keep on reading more articles from InvestSMART. See more articles
Join the conversation
Join the conversation...
There are comments posted so far. Join the conversation, please login or Sign up.

Frequently Asked Questions about this Article…

Lynas paid $953,516 in termination payments after Nick Curtis stepped down from his roles as chief executive and executive chairman to become non‑executive chairman in March. The company says some of the payment covered accrued annual leave and the rest was "in accordance with his service agreement."

No. Curtis did not cease involvement with Lynas—he moved from an executive role to non‑executive chairman, so the payment related to his change of role rather than a complete departure from the company.

The termination payment helped boost Curtis’s total remuneration for the year to more than $1.72 million, according to the company documents published with the annual results.

Shareholders showed little concern about the termination payments: Lynas stock actually rose 6% after the company announced it had restructured a US$225 million (A$240 million) debt facility. Lynas shares closed 2.5¢ higher at 43¢.

Yes. A corporate governance expert described the payments as "not a good look," saying termination benefits aren’t normally intended for role changes like this. However, a proxy adviser, Ownership Matters’ Martin Lawrence, noted the payout was contractual, so it was permitted under his service agreement.

It varies. The article notes Andrew Forrest (Fortescue Metals) and John Grill (WorleyParsons) did not receive similar termination payments when they moved from CEO to chairman, but some smaller mining companies, such as the failed copper miner Kagara Ltd, have used comparable termination payouts when executives switched roles.

Investors should watch Lynas’s restructured US$225 million (A$240 million) debt facility, which gives the company an extra 14 months to hit production milestones and financial targets. Also important: the Malaysia processing plant is now operational after protests and legal challenges and is expected to reach full capacity in the December quarter—factors that affect production and revenue timing.

Eric Noyrez replaced Nick Curtis as CEO on March 31. The article reports Noyrez took home $1.91 million for the year to June 30.