8-KLeadership ChangesCorporate ChangesExhibits & Filings

INTERNATIONAL BUSINESS MACHINES CORP 8-K Report, Executive Changes (Dec 18, 2020)

Filed December 18, 2020For Securities:IBM

Summary

This 8-K filing from IBM announces the retirement of Dr. John E. Kelly III, Executive Vice President, effective December 31, 2020, after a distinguished 40-year career. While retiring, Dr. Kelly may be engaged as an independent contractor, with a daily fee structure outlined for his services. This transition marks the end of a significant tenure within the company's leadership. Additionally, the filing details amendments to IBM's By-laws, effective January 1, 2021. These changes include reducing the size of the Board of Directors from fourteen to thirteen, a consequence of a previous director's retirement. A key amendment introduces a provision allowing stockholders to remove a director at any time, with or without cause, through a stockholder vote. Minor clarifications to the Vice Chairman officer position were also made.

Key Highlights

  • 1Dr. John E. Kelly III, EVP, is retiring from IBM effective December 31, 2020.
  • 2Dr. Kelly may provide services as an independent contractor post-retirement with a daily fee structure ($7,800/day for 4+ hours, $3,900/day for less than 4 hours).
  • 3IBM's By-laws are being amended effective January 1, 2021.
  • 4The number of directors on the Board will be reduced from fourteen to thirteen.
  • 5Stockholders will gain the ability to remove a director, with or without cause, via a stockholder vote.
  • 6Minor updates to clarify the Vice Chairman officer role are included in the By-laws.
  • 7The company has provided an attachment for the consulting arrangement letter and the amended By-laws.

Frequently Asked Questions

Dr. John E. Kelly III, Executive Vice President, is retiring from IBM effective December 31, 2020.

Yes, Dr. Kelly may be engaged as an independent contractor to provide services to IBM on an as-needed basis. The fee structure is $7,800 per day for services of four or more hours, and $3,900 per day for services of less than four hours.

The By-laws are being amended to reduce the Board of Directors size from fourteen to thirteen, and to allow stockholders to remove a director at any time, with or without cause, by a vote of the stockholders. Minor clarifications regarding the Vice Chairman role are also included.

The amendments to IBM's By-laws are effective January 1, 2021.