News & Analysis as of

Shareholder Proposals Rule 14a-8 Division of Corporate Finance

Ropes & Gray LLP

New York City Pension Funds Challenge Exclusion of Shareholder Proposal in Court

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In November 2025, the SEC’s Division of Corporation Finance (the “Division”) announced a significant change to its no-action process for the 2026 proxy season, indicating that it would not substantively review or respond to...more

Eversheds Sutherland (US) LLP

Upending The Shareholder Proposal Landscape

Under the leadership of the Securities and Exchange Commission’s (SEC or Commission) Chairman Paul Atkins, there have been several significant developments that affect shareholder proposals. The SEC’s most recent development...more

Goodwin

First Response Letter Under SEC’s Updated Rule 14a-8 Guidance Marks a New Chapter

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As we previously posted, on November 17, 2025, the SEC’s Division of Corporation Finance announced a significant change in how it will engage with shareholder proposal exclusions. Just two days later, on November 19, 2025,...more

White & Case LLP

Public Companies in Uncharted Territory Following SEC Announcement it will Step Back from Responses on Most Shareholder Proposal...

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In a landmark change, the SEC’s Division of Corporation Finance has announced that it will not provide substantive responses or express views on most no-action requests for shareholder proposal exclusions “due to current...more

Cooley LLP

Corp Fin Posts First “Reasonable Basis” Rule 14a-8(j) Notice (For a Pending No-Action Request)

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Earlier this week, Corp Fin issued this statement saying that it won’t respond to no-action requests – at least until September 30, 2026 – unless a company is seeking relief under Rule 14a-8(i)(1). ...more

Morgan Lewis

SEC Division of Corporation Finance Announces Major Changes to Rule 14a-8 Shareholder Proposal Process

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The US Securities and Exchange Commission’s Division of Corporation Finance announced it will no longer express views on most no-action requests seeking exclusion of shareholder proposals under Rule 14a-8. The division will...more

Wilson Sonsini Goodrich & Rosati

Division of Corporation Finance Scales Back No-Action Responses Under Rule 14a-8 for 2025-2026 Proxy Season

On November 17, 2025, the Division of Corporation Finance (the Division) of the Securities and Exchange Commission (the SEC) announced a significant shift in its approach to no-action requests for the current proxy season....more

Goodwin

SEC Announces Significant Change in Approach to Shareholder Proposals

Goodwin on

On November 17, 2025, the SEC issued a statement from the Division of Corporation Finance which announces a significant change in the Division’s involvement in the annual shareholder proposal season. ...more

Vinson & Elkins LLP

No Action for No-Actions: SEC Announces Significant Change in No-Action Relief During the 2025-26 Proxy Season

Vinson & Elkins LLP on

On November 17, 2025, the Division of Corporation Finance (the “Division”) of the Securities and Exchange Commission (the “SEC”) announced it will not respond to, and will express no views on, requests for exclusions of...more

Keating Muething & Klekamp PLL

Proxy Season Update: SEC will not respond to Most Shareholder Proposal No-action Requests

On November 17, 2025, the SEC’s Division of Corporation Finance issued a statement regarding no action letter requests related to Rule 14a-8 shareholder proposals....more

Cooley LLP

Corp Fin (Mostly) Gets Out of the Shareholder Proposal Processing Business

Cooley LLP on

Perhaps not too surprising given the recent speech by SEC Chairman Paul Atkins that effectively cast doubt on the viability of precatory shareholder proposals if state law dictates that result and a company obtains a legal...more

Foley Hoag LLP - Public Companies & the Law

SEC staff updates guidance on shareholder proposals

The SEC’s Division of Corporation Finance recently provided helpful clarity regarding the exclusion of certain shareholder proposals under Rule 14a-8.  The guidance, Staff Legal Bulletin No. 14K, relates to the “ordinary...more

White & Case LLP

New Staff Legal Bulletin No. 14K – More Clarity From Corp Fin Staff on Core Rule 14a-8 Bases for Exclusion of Shareholder...

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On October 16, 2019, the Securities and Exchange Commission’s (“SEC”) Division of Corporation Finance (“Corp Fin”) issued Staff Legal Bulletin No. 14K (“SLB 14K”) addressing shareholder proposals.  This guidance follows Corp...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Impact of SEC Staff Guidance on Shareholder Proposals Leaves a Murky Path Forward

In November 2017, the staff of the Division of Corporation Finance (Staff) of the Securities and Exchange Commission (SEC) issued guidance concerning companies’ ability to exclude shareholder proposals from their proxy...more

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