News & Analysis as of

Shareholder Proposals Rule 14a-8 Regulatory Oversight

Cooley LLP

The Shareholder Proposal Exclusion Risk Is Real: The First Lawsuit

Cooley LLP on

Back when Corp Fin decided to bow out of serving as the referee for this proxy season, many preached that companies still had to be careful when deciding whether to exclude a proposal....more

Cooley LLP

Shareholder Proposals: What Do the Exclusion Notices Look Like So Far? (UPDATED)

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Following up on last week’s blog about the stats on this: Ahead of this proxy season, Corp Fin issued this statement saying that it wouldn’t respond to no-action requests – at least until September 30, 2026 – unless a company...more

Cooley LLP

Shareholder Proposals: What Do the Exclusion Notices Look Like So Far?

Cooley LLP on

Ahead of this proxy season, Corp Fin issued this statement saying that it wouldn’t respond to no-action requests – at least until September 30, 2026 – unless a company is seeking relief under Rule 14a-8(i)(1), the “not a...more

Vinson & Elkins LLP

White House Executive Order Targets Proxy Advisory Firms and Signals Heightened Regulatory Scrutiny

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On December 11, 2025, President Donald J. Trump signed an executive order titled “Protecting American Investors from Foreign-Owned and Politically-Motivated Proxy Advisors.”...more

McGuireWoods LLP

SEC Announces Change to the Division of Corporation Finance’s Role in Rule 14a-8 No-Action Letter Process for the 2025-2026 Proxy...

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The U.S. Securities and Exchange Commission’s (SEC’s) Division of Corporation Finance announced on Nov. 17, 2025, that it will not issue Exchange Act Rule 14a-8 no-action letters to companies seeking to exclude shareholder...more

McDermott Will & Schulte

SEC steps back from the shareholder proposal game

McDermott Will & Schulte on

On November 17, 2025, the US Securities and Exchange Commission (SEC) Division of Corporation Finance announced that it will not respond to no-action requests by companies to exclude shareholder proposals for the 2026 proxy...more

Mayer Brown Free Writings + Perspectives

Open Now: Survey on Shareholder Proposals

The John L. Weinberg Center for Corporate Governance, in coalition with several major industry organizations, seeks to gather practical insights from companies, investors, and related professionals about the scope and...more

Baker Botts L.L.P.

SEC to Defer to Companies Excluding Most Rule 14a-8 Shareholder Proposals This Proxy Season

Baker Botts L.L.P. on

The Securities and Exchange Commission (the “SEC”) has announced that, for the 2025–2026 proxy season, it will not provide substantive responses to company no-action requests to exclude shareholder proposals under Rule 14a-8,...more

Hogan Lovells

SEC Staff Suspends Substantive Responses to Most Shareholder Proposal No-Action Requests

Hogan Lovells on

On November 17, the SEC’s Division of Corporation Finance issued a statement announcing that it will play a reduced role in the shareholder proposal process under Exchange Act Rule 14a-8 during the 2025-2026 proxy season. ...more

White & Case LLP

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

White & Case LLP on

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

Foley Hoag LLP - Public Companies & the Law

SEC Largely Suspends No-Action Relief for the Exclusion of Shareholder Proposals

The SEC’s Division of Corporation Finance has determined that, until at least September 30, 2026, it will not respond to requests by issuers for no-action relief for their decisions to exclude shareholder proposals from proxy...more

Cooley LLP

Corp Fin’s New Shareholder Proposal Position: Every Silver Lining Has a Touch of Grey

Cooley LLP on

Here’s an excerpt from this Cooley Alert about last week’s Corp Fin 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...more

Cozen O'Connor

SEC Will Not Weigh in on Exclusion of Most Shareholder Proposals for Current Proxy Season

Cozen O'Connor on

On November 17, 2025, the SEC’s Division of Corporation Finance (the SEC) announced a significant change in its approach to no-action requests for public companies to exclude shareholder proposals under Exchange Act Rule...more

Cooley LLP

SEC Staff Narrows Review of Rule 14a-8 Shareholder Proposal No-Action Requests: Every Silver Lining Has a Touch of Grey

Cooley LLP on

On November 17, 2025, the staff of the Division of Corporation Finance of the US Securities and Exchange Commission (SEC) announced a significant procedural shift in its administration of the no-action request process for...more

Latham & Watkins LLP

SEC Announces Changes to Rule 14a-8 Shareholder Proposal Process

Latham & Watkins LLP on

On November 17, the SEC’s Division of Corporation Finance announced a major shift in how the SEC Staff handles requests to exclude shareholder proposals. ...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

Cooley LLP

Proxy Season Highlights, Part Two: What the 2025 No-Action Letter Landscape Tells Us About Preparing for 2026

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The 2025 proxy season marked a turning point in the Securities and Exchange Commission’s (SEC) administration of shareholder proposals. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC Proposes Amendments to the Proxy Rules Regarding Shareholder Proposals and Proxy Voting Advice

On November 5, 2019, the Securities and Exchange Commission (SEC), by 3-2 votes, issued two releases proposing a number of amendments to the federal proxy rules. The first release proposed changes to certain procedural...more

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