Lawsuit Challenges SEC's Restrictive Shareholder Proposal Rules

In September 2020, the SEC under Chairman Jay Clayton issued amendments to Rule 14a-8 that substantially restrict shareholders’ access to the corporate proxy statement. The Clayton SEC’s actions came in the context of years of lobbying by major trade associations like the Business Roundtable, the U.S. Chamber of Commerce, and the National Association of Manufacturers to limit shareholders’ ability to effectively engage with the companies they own on critical environmental, social, and governance issues.

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What Shareholders Can Expect From a Biden SEC

With a new year, proxy season, and presidential administration, US SIF expects to see new support for environmental, social, and governance (ESG) disclosure and other actions that benefit shareholders, other investors, and society at large.

During the presidency of Donald Trump, the executive branch rolled back environmental protections and imposed constraints on investors who sought to raise concerns about ESG issues.

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Proposed Rules Threaten To Obstruct Pathway To Improved ESG Disclosure And Performance

The Shareholder Rights Group is a group of leading proponents of shareholder proposals that have come together in defense of shareholder proposals under rule 14a-8. After the SEC issued its November 5, 2019 proposed changes to the rule, we examined how the proposed changes would have affected recent proposals and engagements at companies with high profile corporate responsibility challenges: Boeing, Wells Fargo and Chevron.

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Micromanagement And Executive Compensation Challenges Under New Sec Staff Bulletin

New interpretations by the SEC of the Shareholder Proposal Rule (14a-8) in 2017 led to an increase in omissions of climate proposals last year. There is reason for concern that the number of omissions could increase further in 2019, depending on how the SEC applies its latest SEC Staff Legal Bulletin 14J, issued on October 23, 2018. 

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Proxy Vote Data Complements Fund Ratings On Sustainability

Recent Morningstar research shows that the number and size of U.S. sustainability funds continues to grow.  Notable recent additions include sustainable exchange traded funds (ETFs).  Within this universe is a wide variation in strategies and commitment—from considering environmental, social and governance (ESG) alongside other factors, to integrating ESG in the investment process, to impact and green economy-focused funds.

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