Are stock buybacks good?

I will tell you the answer first, and this is an answer that I will use a lot. It depends. Stock buy-backs can be good or bad, depending on whether the stock is over- or under-valued. It’s that simple. Now let’s go over the details.
When a company makes a profit, it can do one of five things with the money:
1. Pay a dividend
2. Buy back shares of stock
3. Re-invest money in the company so that it can expand
4. Buy other companies to expand
5. Pay obscene amounts of money to management
In the future, I will deal with expansion and M&A (mergers and acquisitions). There are pitfalls to both paths, but both can also be good. Needless to say, I do not approve of Option 5. So let’s talk about stock buy-backs and dividends.

The traditional course for a company with little room for expansion and no opportunities for acquiring other companies is to pay out most of earnings in dividends. This is what utility companies do (see Progress Energy [[PGN]], for example). There is one problem with this, though. The company’s earnings, which have already been taxed as corporate earnings, are taxed again as dividend income to shareholders (now at a 15% rate). Much of that money therefore benefits Uncle Sam rather than the shareholders. Why not find a way to benefit the shareholders without giving the government a cut?

The way to do this is for the company to buy back shares of its own stock. Let’s say our company, Acme Brick, earned $1 million in 2004. They are in a mature industry and have little room to grow. Therefore, they decide to buy back shares of their stock. Let’s say there are one million shares outstanding, each selling at $10. The company is thus valued at $10 million. With its $1 million in profit, Acme buys back 100,000 shares, bringing the total number of shares down to 900,000. Each share now has 10% more value, since it represents 10% more of the company.

Rather than being paid in cash, the shareholders have been paid in ownership. They get no extra cash, but they now own a 10% larger stake in the company. The price of the shares should not actually change, since the 10% larger stake in the company is offset by the company now having $1 million less in cash, and thus being worth 10% less.

If the money had instead been paid out as a dividend, the shareholders would have received a 10% dividend in cash, but would have been taxed on that dividend, so they would only receive 85¢ on the dollar due to taxes. Again, because the company, after paying the dividend (it is now ex-dividend), no longer has $1 million in cash, it’s value will fall by that amount. The company will now be worth $9 million, with shares worth $9. Like with a stock buyback, there is no net gain or loss to the shareholders (except for the taxes on the dividends). (See box on the previous page for a longer explanation.)

Note that with small dividends, the market price of the stock may not change after the dividend date. However, with larger dividends, the price will drop by an amount equal to the dividend. We have seen that, because of the tax benefits, stock buybacks are often better than dividends. There is just one last factor to consider: the price of the stock. If a company buys back shares for less than the intrinsic value of those shares, then the buyback really benefits shareholders. The company is buying something for less than it is worth, and that is always good.

If a company’s stock is overvalued, however, it should pay a dividend rather than buy back its shares. In buying its shares, it would be paying too much, and thus destroying the wealth of the shareholders. So, in the end, it comes down to whether the stock is a good value or not. If it is not a good value, then the company should not be buying it. Then again, neither should we.

Some companies that have recently announced large stock buybacks include Progressive [[pgr]], Home Depot [[hd]], and Wyndam [[wyn]].

Disclosure: I own no shares in any company discussed in this post. See the disclosure policy.

Dividends and stock buybacks do not affect a company’s value

When you own a share of stock, you own a portion of the company. Therefore, when a company makes an initial profit, and the money in their bank accounts increases, the company increases in value. As a shareholder, that money is already yours, even though it is not in your account.

Let’s look at it from the perspective of a person who owns 100% of his company, Acme Chemical. Let’s say they make a $5 million dollar profit this year. The owner can do whatever he wants with the money: re-invest the money in the company, pay himself a dividend, or buy another company. No matter what our owner does with the money next, he is already $5 million richer. The money has been his since the day it made its way into the company’s bank account. Therefore, the choice of what to do with that money should depend only on what the best investment is. If there are no good investments (either inside or outside the company), the owner can pay himself a nice dividend and take a vacation.

So think of Acme when you read about a dividend or a stock buyback. As a part-owner of a company, you were richer once the company made a profit. What the company should do with the money once it has it depends only on what the best investment is. If the company’s stock is cheap, a buyback is a good investment. If the company can expand profitably, then re-investment in the company is a good course. If competitors are for sale cheap, then an acquisition could be good. If nothing else seems good, smart management will pay a dividend.

If, however, a company spends its profits on buybacks of expensive stocks or overpriced acquisitions, then management is being stupid. That is a good time for smart value investors to sell.

Octillion (OTC:OCTL): Another Worthless Penny Stock

CEO Previously Fined by SEC

First, see David Phillips’ article on the company’s CEO, Harmel S. Rayat, and his other failed companies. Then take a look at the SEC’s website to find out that Octillion’s CEO and majority shareholder was previously fined $20k for stock promotion. Andrew Left of StockLemon wrote a nice (if dated) article on Rayat’s company Hepalife (OTC:HPLF) back in 2003. David Phillips (of The 10Q Detective) wrote a more recent attack on Hepalife.

The CEO is still working at a number of his other penny stock companies. Therefore, the company states (in the May prospectus):

Our officers and directors are also officers, directors, and employees of other companies, and we may have to compete with the other companies for their time, attention and efforts; none of our officers and directors anticipate devoting more than approximately twenty-five (25%) percent of their time to our matters.”

That the officers of the company are not full time is not exactly a good sign!

Valuation

As of June 29, 2007, the company had 51.125 million shares outstanding. At a recent closing price of $4.40 per share, that gives the company a $225 million market cap. The company has a book value of just under $1 million.

Back in mid-April (see the 8k) the company sold shares for $0.50 apiece in a private offering (actually, three warrants were included with each share, so this overstates the price). Has the company really become 10 times more valuable in the last 5 months?

Misleading Statements

Octillion triumphantly announced that NREL research had validated its own methods. However, as of right now, Octillion has nothing more than an idea and some silicon dust. Sure, the method they claim to use seems to work well. But I doubt Octillion, with a minuscule R&D budget, will be the company to get this technology to work consistently in the lab, let alone in a commercialized product. Octillion has issued another press release to claim that other solar power breakthroughs validate its technology.

The company likes to mention that the solar technology is covered by 10 US patents. However, the company does not own those patents–they are owned by U of Illinois Urbana/Champaign. It is only working to commercialize the patents. Since the company first started working with UIUC in August 2006 until May 2007, it has paid a grand total of $89,000. Not exactly a world-class research budget (see page 4 of this prospectus for details). Over the last three months, the company spent $151k on investor relations and only $27k on R&D.

It turns out that Octillion does not even have an exclusive license to develop and market the technologies it is investigating:

From page 17 of the company’s recent 10Q: “During the term of our ISURF Agreement and the UIUC Sponsored Research Agreement, we will determine whether to acquire an exclusive license from, respectively, ISURF and UIUC to the technologies underlying the agreements. The final terms and conditions of any such licenses cannot now be determined. If the results of the continuing research projects do not warrant our exercise of our option to negotiate an exclusive license to market the ISURF Nerve Regeneration Technology or the UIUC Silicon Nanoparticle Energy Technology, we may need to abandon our business model, in which case our shares may have no value and you may lose your investment.”

So even if these technologies end up working, the universities could demand more money for the licensing rights than Octillion could pay, and another company with deeper pockets could end up buying the license.

Knowing When to Sell

The brothers of CEO Harmel S. Rayat sold a large chunk (1.7% of the company’s shares) of their stake in the company in May (or soon thereafter, as set forth in the May prospectus, page 46). Other selling shareholders included two corporations that were wholly-owned by employees of Octillion (6.5% of the total shares outstanding).

Is Smart Money Buying?

David Gelbaum (a noted philanthropist) recently filed a 13D, stating that he (actually, a trust benefiting him and his wife) owned 6.7% of the outstanding shares of Octillion. However, considering his large stake in another OTC stock that I consider to be greatly overvalued (Worldwide Water, WWAT.ob), I doubt his investing prowess.

Conclusion: Stay Away

I peg Octillion’s fair value at $1 million, its book value. More aggressive speculators might believe it to be worth 10x book. Cynics might value it at $0 considering its CEO’s track record. No matter what it is at least 25x overvalued. For more information, as always, check out the company’s SEC filings.

Disclosure: I am neither long nor short OCTL. See my disclosure policy.