Morrison & Foerster’s “Should You Amend Your Charter to Provide for Officer Exculpation? Key Considerations for Delaware Corporations” summarizes the new DGCL amendment that allows for the exculpation of officers via a charter amendment; identifies potential economic benefits of doing so; and suggests key factors to consider in determining whether to raise this topic to a shareholder vote.
See our recent reports: “Amendments to Governance Documents: Officer Exculpation, Universal Proxy” and “Noteworthy Changes to Delaware Corporate Law” and additional resources on our Director / Officer Duties & Liabilities page.
This post first appeared in the weekly Society Alert!