جيو ماجد إمام
Aktionär Proposal Rules Amended
Proposals undoubtedly are a popular and effective mechanism to allow shareholders to recommend or require that a enterprise and/or its board take a specified actions. They are commonly used to advance environmental, social and governance targets of shareholders.
The shareholder proposal method involves:
a presentation with the proposal and an enclosing supporting declaration to shareholders by the supporter or a representative of the supporter; and, wherever relevant, a seconding by another person.
Aktionär proposals typically call for changes in corporate governance documents to improve shareholder enfranchisement through the right to call a unique meeting or to act simply by written approval. However , a large number of institutional investors are cautious about such tips as they are concerned that a small minority of investors would be able to gain access to these rights and thus probably dominate decision-making at a company.
Rule 14a-8 (i)(11) and 12 – Duplication, Resubmissions & Rescheduling
Under current rules, a shareholder might be excluded through the proposal procedure if it features substantially copied a recently submitted pitch. The SEC staff seems to have traditionally considered whether a pitch has the same “principal thrust” or “principal focus. ” It is possible that two proposals that are similar in terms and scope could be regarded excludable beneath this control because they may have the same main thrust or focus, therefore creating shareholder confusion and implementation concerns for companies.
Under SLB 14L, the SEC personnel is suggesting to change this secret by major “substantially duplicates” as plans that “address substantially the same topic and seek out the same goal by the same means. ” The redemption would likewise permit a firm to leave out https://shareholderproposals.com/employee-responses-by-board-room/ a proposal while “substantially implemented” if it has implemented each of the essential components identified in the proposal (with the exemption that as a proponent pinpoints more factors, each becomes less essential). This adjust should bring about less concern for investors and companies regarding the inclusion or exclusion of proposed shareholder resolutions.