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Ethan Powell

Chairman of the Board at HIGHLAND OPPORTUNITIES & INCOME FUND
Board

About Ethan Powell

Ethan Powell (born 6/20/1975) serves as an Independent Trustee of Highland Income Fund (HFRO) and has been Chairman of the Board since August 2017; he is designated as a Class I Trustee whose term (last elected June 14, 2022) comes up for re‑election at the 2025 annual meeting, with re‑elected terms running to 2028; under HFRO’s governing documents, Mr. Powell’s election is decided solely by holders of the Fund’s Preferred Shares voting as a separate class . He is independent for purposes of the Investment Company Act of 1940, sits on multiple board committees, and the Board notes his previous positions with the Adviser/historical affiliates enhance the Board’s understanding of operations; the Board consisted of five Trustees in FY2024, four of whom were independent, and convened eight times with each Trustee attending at least 75% of Board and committee meetings .

Past Roles

OrganizationRoleTenureCommittees/Impact
HFRO (Fund Complex)Trustee; Chairman of the BoardTrustee since Aug 2017; Chairman since Aug 2017Serves on Audit; Governance & Compliance; Administration & Operations; designated trustee elected by Preferred holders
HFRO/NexPoint Fund ComplexTrustee/Director of the Fund ComplexJune 2012–July 2013; since Dec 2013Continuity of oversight across complex, executive experience cited for board membership

External Roles

OrganizationRoleTenureNotes
Brookmont Capital Management, LLCPrincipal and CIOSince May 2020Executive investment leadership
Impact Shares LLCCEO, Chairman, FounderSince Dec 2015Social impact ETF sponsor leadership
Strategic TrustTrusteeSince Aug 2021Trustee role at affiliated trust
Tidal Trust III (formerly Impact Shares Trust I)TrusteeNot dated (disclosed as current)Trust oversight role
Kelly Strategic ManagementDirectorSince Aug 2021External directorship
Impact Shares Funds I TrustTrusteeNot dated (disclosed prior year)Trustee role referenced in 2024 proxy

Board Governance

CommitteePowell’s RoleChairFY2024 MeetingsFY2023 MeetingsIndependence/Notes
Audit & Qualified Legal Compliance CommitteeMemberBryan A. Ward (Audit Chair; financial expert)54All members independent under 1940 Act and Exchange Act Rule 10A‑3; oversees auditor, controls, and valuations under Rule 2a‑5
Governance & Compliance CommitteeMemberDr. Bob Froehlich56All members independent; oversees trustee selection, compensation, compliance, and conflicts involving NexPoint
Administration & Operations CommitteeMemberJohn Honis55Reviews administrative operations and intermediary arrangements; committee formerly “Distribution & Alternatives Oversight” (name change noted in 2024)
  • Board structure: five Trustees; four independent under 1940 Act; Mr. Powell serves as Chairman; Board met 8 times in FY2024; each Trustee attended at least 75% of Board and committee meetings; attendance at annual meeting encouraged but not required .
  • Election mechanics: Powell is designated (with Froehlich) as a Trustee representing holders of Preferred Shares; his re‑election is voted solely by Preferred holders at the 2025 annual meeting; no Preferred dividend arrearages existed at the time of the proxy .

Fixed Compensation

ComponentAmountTerms
Annual Trustee Retainer (Fund Complex)$150,000Payable quarterly; allocated among portfolios by relative net assets
Chairman of the Board Additional Payment$20,000Payable quarterly; allocated by relative net assets
Committee Chair Additional Payment$10,000Payable quarterly; allocated by relative net assets
Meeting FeesNoneNo separate compensation for committee or board meeting attendance
Expense ReimbursementActual out‑of‑pocketReimbursed for attendance at meetings
Pension/Retirement PlanNoneTrustees do not have any pension or retirement plan
YearAggregate Compensation From HFRO (Powell)Aggregate Compensation From Fund Complex (Powell)
FY2023$55,753 $160,000
FY2024$72,557 $170,000

Performance Compensation

ItemDetails
Equity Compensation (RSUs/PSUs/Options)Not disclosed for Trustees; proxy describes cash retainers and chair adders only
Performance Metrics (TSR, EBITDA, ESG)Not disclosed/applicable for Trustee compensation
Clawback/COC/SeveranceNot disclosed for Trustees

Other Directorships & Interlocks

Company/EntityRolePotential Interlock/Overlap
Brookmont Capital Management, LLCPrincipal & CIOExternal investment role; no specific HFRO transaction link disclosed
Impact Shares LLCCEO/Chairman/FounderExternal ETF sponsor; trustee roles at Impact Shares‑related trusts noted
Strategic TrustTrusteeFund/Trust governance; no specific HFRO transaction link disclosed
Tidal Trust III (formerly Impact Shares Trust I)TrusteeTrust governance; no specific HFRO transaction link disclosed
Kelly Strategic ManagementDirectorExternal directorship; no HFRO linkage disclosed

Certain Related Parties: HFRO discloses that executives and trustees may serve as officers/directors of affiliates (including entities operating in similar lines of business), and affiliated advisers may manage funds with similar objectives—highlighting general related‑party exposure common to fund complexes .

Expertise & Qualifications

  • The Board cites Mr. Powell’s significant experience in the financial industry, executive experience including past service as an officer of funds in the complex, and significant administrative/managerial experience as qualifications for Board membership .
  • Board rationale for nominations includes integrity, judgment, time availability, independence, and absence of conflicting relationships; Powell meets independence criteria and is designated to represent Preferred shareholders given the Fund’s governance structure .

Equity Ownership

HolderHFRO Share Ownership (Dollar Range)Aggregate Dollar Range Across Fund Complex
Ethan Powell$10,001–$50,000 (as of 2/28/2025) $50,001–$100,000 (as of 2/28/2025)
  • As of 2/28/2025, Trustees and officers of the Fund as a group owned less than 0.01% of outstanding shares .
  • As of 2/28/2025, none of the Independent Trustees or their immediate family members owned securities of the Adviser, principal underwriter, or entities controlling/controlled by/under common control with them .
  • No disclosure of pledging or hedging of HFRO shares by Mr. Powell .

Governance Assessment

  • Positives:

    • Independent Trustee with multi‑committee service (Audit; Governance & Compliance; Administration & Operations), providing broad oversight including valuation governance under Rule 2a‑5 .
    • Consistent attendance (≥75%) and active Board schedule (8 meetings in FY2024; 9 in FY2023) support engagement .
    • Clear, cash‑based compensation structure; no meeting fees and modest chair adders; no pension benefits—aligned with typical registered fund governance .
  • Potential Concerns / Watch‑Items:

    • Personal ownership is modest (HFRO $10,001–$50,000; complex $50,001–$100,000), and group ownership is <0.01%, limiting direct economic alignment; there are no equity‑based director awards to strengthen “skin‑in‑the‑game” .
    • Election by Preferred shareholders voting as a separate class may create a perceived constituency focus; investors should monitor Board responsiveness across common and preferred holders .
    • The proxy notes prior positions with the Adviser/historical affiliates and general related‑party exposure across the complex (affiliated advisers, overlapping roles); while Powell is independent under 1940 Act, this environment warrants ongoing scrutiny of conflicts and litigation‑related matters (e.g., HCMLP context affecting an Interested Trustee, Honis) .