In May 2023, the National Association of Manufacturers (NAM) successfully filed a motion to intervene in a federal case brought by the anti-ESG group the National Center for Public Policy Research (NCPPR) against the Securities and Exchange Commission (SEC), challenging a shareholder resolution No Action determination. The NAM motion opened a broader challenge to the SEC’s authority to provide guidance regarding whether shareholder resolutions could be allowed on a company’s proxy for a vote, claiming that this process violates principles of corporate First Amendment rights enshrined in the Citizens United ruling.
Read moreSCOTUS Decision Could Scuttle Regulatory Agencies and Shareholder Rights
The modern administrative system was set up in recognition of the needs of a technologically developed society where the lives of citizens are affected by dozens and dozens of complex areas. From air pollution, to drugs, the internet, transportation, education, chemicals, railroads, airwaves, consumer protection, and health, agencies set the rules of the road for some of the most important areas of our lives.
Read more2024 Update on Shareholder Rights Legal and Policy Developments
This year proxy and shareholder proposal rules and practice are evolving to create greater accountability and efficiency. Simultaneously, so called anti-ESG efforts are pressing a more disruptive policy agenda that could eviscerate the rights of share owners to file and vote on environmental and social proposals.
Read moreInvestors Leverage Shareholder Proposals for Just Transition Impact
As thousands of large companies make the transition to a net-zero emissions economy by reducing greenhouse gases, they must not only decarbonize but also consider the real impacts of changes in their operations on their employees and the communities where they operate.
Read moreCorporate Lobbying Disclosure is Material Investor information
For 2024, more than 30 shareholder proposals have been filed asking for lobbying disclosure reports that include federal and state lobbying amounts, payments to trade associations and 501(c)(4) social welfare groups used for lobbying and payments to tax-exempt organizations that write and endorse model legislation.
Read moreCorporate State Lobbying Remains a Black Hole
Investors Expect Science Based GHG Targets and Reporting
Shareholders in 2023 are tightly focused on resolutions asking companies to establish science-based greenhouse gas reduction targets that cover the full value chain of emissions—and to report on them. The science is clear that companies need to rapidly act to reduce emissions to limit global warming to a 1.5°C increase in warming.
Read moreRailroad Workers' Lack of Paid Sick Leave Puts Employees, Public and Investors at Risk
Impact Shares considers paid sick leave (PSL) to represent an important human capital investment critical to investors, as well as a racial and gender equity concern. Filing a shareholder proposal at Norfolk Southern railways requesting that the company adopt a PSL policy as a standard benefit was the first step in leveraging our position as an ETF issuer representing leading social and environmental advocacy organizations.
Read moreThe Promise of Retail Shareholder Power
Voting is integral to the democratic process. During the 2020 U.S. Presidential election, it felt as though you could hardly go a day without hearing a celebrity or politician urging the public to vote.
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