QUARTERLY LETTER


Published Third Quarter 2004
Muhlenkamp Memorandum 71

The Economy
The U.S. economy continues to expand. Consumer spending, business investment and employment are all growing at decent rates. We’re also seeing expansion in the Japanese and European economies. They had been lagging.

Some people are concerned that interest rates will move up. But short-term rates, which are heavily influenced by the Federal Reserve Board, should move up. The Fed has purposely kept these rates below the levels indicated by inflation and economic growth. Meanwhile, long-term rates, which are determined by market forces, have already moved up by over 80 basis points (8/10 of a percent) in concert with the expanding economy.

We judge current, long-term interest rates (and therefore, bond prices) to be fair. We also judge stock prices, on average, to be fair. Some stocks remain underpriced and some remain overpriced but the range in prices is much less than we’ve seen in recent years.

What this means to us is that changes in the prices of individual stocks and companies are likely to be determined by the changes in revenues and earnings of the individual companies. We are spending our time and efforts accordingly.

Frankly, the only thing which we can see capable of throwing the markets off the above track would be dramatic changes in Iraq or acts of terrorism which would upset our politics. With the recent transfer of power to the Iraqis, we should start to see whether the great experiment (allowing a mid-east country to choose democracy) is working.

Proxy Voting Policy
Since publishing our new Proxy Voting Policy three months ago, we’ve received a number of comments from people who believe we’re remiss in our duty to our
shareholders. To respond to that criticism, we’d quote from our Prospectus:

“The investment objective of the Muhlenkamp Fund is to maximize total return to its shareholders through capital appreciation, and income from dividends and interest, consistent with reasonable risk. To pursue its goal, the Fund principally invests in a diversified list of common stocks. The Fund invests primarily in companies determined by the Fund’s adviser to be highly profitable, yet undervalued. The adviser looks for those companies it believes to have above average profitability, as measured by corporate return on equity (ROE)…”

We use Return on Shareholder Equity (ROE) because we believe it is a useful measure of how well the management utilizes the company’s assets for the benefit of shareholders. If we don’t believe that management is working for the shareholders, we have no interest in owning (shares of) the company.

We do know that management of the companies we invest in will make mistakes in some of their actions, and that not all of their actions will benefit the shareholders. But we also believe that they are in a better position to run their companies than we are. If we didn’t think that a management knew more about running their company than we do, we’d have no interest in investing with that management. So, until they demonstrate otherwise, we’re inclined to give the management of our companies the benefit of the doubt.

Similarly, we know that we will make mistakes. I hope that our shareholders know that we will make mistakes. We believe they hire us because they believe we are working for their best interests and that we’ll make fewer mistakes than they do. Anyone who doubts that we’re working for their best interests shouldn’t hire us by becoming a shareholder in the Fund.

The new proxy voting rule will require us to keep records of our votes, and presumably, would require us to defend those votes at a future date. To understand the implications of this rule, I ask that you do the following:

  1. Pick a year, 5-10 years ago;
  2. List the investments you made that year;
  3. Take the ones that were unsuccessful;
  4. Explain, today, why they seemed like a good idea at the time.

To do this well, you would have had to list all your reasons — both quantitative and qualitative — why you made such a decision at the time. Any perusal of investment magazines 3-5 years old will demonstrate the dramatic difference in context over even a few years.

Folks, all we have to offer our shareholders is a bit of knowledge and a certain amount of time. The time we spend documenting the details of our thought process is time taken from our pursuit of finding good investments at good prices. As a result, to better use our time and to simplify this hassle, we have adopted the policy of simply always voting in line with management recommendations.

I’m confident that we’re about to see a number of mutual fund offerings designed to attract those investors concerned about “corporate governance.” A number of these funds already exist. The marketing opportunity will be irresistible to those who market mutual funds.

Time and experience will demonstrate how they perform.

SEC Ruling
In last quarter’s newsletter (Muhlenkamp Memorandum #70), I wrote to you concerning the increased expenses incurred by the Muhlenkamp Fund since the passage of the Sarbanes-Oxley Act of 2002. I also wrote about two proposed rules that have since been adopted.

On June 23, 2004, the Securities & Exchange Commission (SEC) voted to adopt a number of new rules including:

“Independent directors will be required to constitute at least 75 percent of the fund’s board. An exception to this 75 percent requirement will allow fund boards with three directors to have all but one director be independent.”

Since our board consists of three trustees, it looks like we will qualify for the exception.

“The board will be required to appoint a chairman who is an independent director.”

In the past, we’ve elected our chairman (me), now, I guess, we’ll vote to appoint him (not me).

“Compliance with these amendments will be required 18 months after their publication in the Federal Register.”

Rest assured, we will comply with this amendment.

— Ron Muhlenkamp


The information in this article represents the opinions of the Fund Manager, is
subject to change, and any forecasts cannot be guaranteed.

Read our quarterly newsletter, Muhlenkamp Memorandum, for more by Ron Muhlenkamp.

 

 

 


 


 

 

 
 
 
 
 
 
 
 
 
 
 
 

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