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Shareholder Proposals Securities Exchange Act of 1934 Shareholders

Cooley LLP

Five Mistakes Made With Preliminary Proxy Statements (Part 2)

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Following up on Part 1 of this blog that explains what a “preliminary proxy” is – and the first two common mistakes made with them – here are three more common mistakes (as well as a bonus note):...more

Cooley LLP

Five Mistakes Made With Preliminary Proxy Statements (Part 1)

Cooley LLP on

With the partial federal government shutdown likely to close the SEC for only a day or two – see this new set of Corp Fin FAQs on the impact of a shutdown, which is essentially the same as the guidance from the last shutdown;...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

K&L Gates LLP

SEC No Longer a "Referee" in the Shareholder Proposal Process

K&L Gates LLP on

On 17 November 2025, the Division of Corporation Finance (the Division) of the US Securities and Exchange Commission (the SEC) issued a statement announcing that it will not respond to or express views on most no-action...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

Jones Day

SEC Upends No-Action Letter Review Process for 2026 Proxy Season

Jones Day on

On November 17, 2025, the U.S. Securities and Exchange Commission ("SEC") announced that it will no longer be responding substantively to Rule 14a-8 no-action requests, unless the request relates to whether a proposal is...more

Cooley LLP

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

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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

Morrison & Foerster LLP

SEC Staff Suspends No-Action Relief for Most Shareholder Proposals

Morrison & Foerster LLP on

On November 17, 2025, the U.S. Securities and Exchange Commission’s (the SEC or “Commission”) Division of Corporation Finance (the “Staff”) issued a statement announcing that the Staff will largely suspend its practice of...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

Ropes & Gray LLP

Shutdown Aftermath: SEC Staff to Consider Only Shareholder Proposal No-Action Requests Challenging Propriety of Proposals under...

Ropes & Gray LLP on

The Division of Corporation Finance (the “Division”) of the Securities and Exchange Commission (the “SEC”) released a statement today indicating that it will not respond to no-action requests by companies seeking to exclude...more

Cooley LLP

Microsoft Excludes Chevedden Proposal on Procedural Grounds Without No-Action Relief (Due to Shutdown)

Cooley LLP on

As a byproduct of the government shutdown, Microsoft has decided to exclude a shareholder proposal submitted by John Chevedden on the grounds that it wasn’t submitted timely – even though the company hasn’t received no-action...more

Morrison & Foerster LLP

SEC Chairman Atkins Casts Doubt on the Validity of Precatory Shareholder Proposals

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On October 9, 2025, in remarks at the University of Delaware’s Weinberg Center for Corporate Governance, U.S. Securities and Exchange (SEC, or the “Commission”) Chairman Paul S. Atkins spoke of what he described as “three...more

Skadden, Arps, Slate, Meagher & Flom LLP

Shareholder Proposal No-Action Requests in the 2025 Proxy Season: A Continuing Surge in Requests and a Favorable Regulatory...

Rule 14a-8 under the Securities Exchange Act of 1934 permits shareholders with relatively nominal shareholdings to submit proposals to companies for inclusion in the companies’ proxy statements. These are to be voted on by...more

Morrison & Foerster LLP

A Season of Change: Shareholder Proposals During the 2025 Proxy Season

During each annual proxy “season,” companies receive and respond to shareholder proposals and often attempt to exclude these proposals from their proxy statements through no-action requests submitted to the U.S. Securities...more

Cooley LLP

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. Over the course of the season, the staff of the Division of Corporation Finance (staff)...more

Fenwick & West LLP

Texas Adopts Law Permitting Limits on Shareholder Proposals

Fenwick & West LLP on

On May 19, 2025, Texas Gov. Greg Abbott signed Senate Bill No. 1057 (SB 1057) into law....more

Eversheds Sutherland (US) LLP

SEC revamps approach to shareholder proposal exclusions

On February 12, 2025, the Division of Corporation Finance (Staff) of the Securities and Exchange Commission (SEC) released new guidance regarding shareholder proposals submitted pursuant to Rule 14a-8 under the Securities...more

Thompson Coburn LLP

SEC proposes amendments to Rule 14a-8 that would enhance shareholders’ ability to add proposals to proxy statements

Thompson Coburn LLP on

The Securities and Exchange Commission (SEC) recently proposed three amendments to Rule 14a-8 under the Securities Exchange Act of 1934, which governs what proposals made by a public company’s shareholders must be included in...more

Fenwick & West LLP

SEC Announces Final Rules Regarding Proxy Voting Advice and Proposed Rules Regarding Shareholder Proposals

Fenwick & West LLP on

On June 13, 2022, the U.S. Securities and Exchange Commission (1) adopted amendments (the “Amendments”) to the proxy rules related to proxy advisory firms and (2) released proposed rules (“Proposed Rules”) regarding the...more

Mayer Brown Free Writings + Perspectives

SEC Votes on Changes to Shareholder Proposal and Proxy Solicitation Rules

Shareholder Proposal - Rule On July 13, 2022, the US Securities and Exchange Commission (the “SEC”) proposed amendments to revise three of the substantive bases for exclusion of shareholder proposals under Rule 14a-8 of...more

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