Blogs

The SEC published its Spring 2019 Reg-Flex Agenda. New (relative to Fall 2018) and notable on the Active Actions list:

• Rule 14a-8 Amendments (Proposed Rule Stage): The Division is considering recommending that the Commission propose rule amendments regarding the thresholds for shareholder proposals under Rule 14a-8
• Rule 14a-2(b) (Proposed Rule Stage): The Division is considering recommending that the Commission propose rule amendments to address certain advisors’ reliance on the proxy solicitation exemptions in Rule 14a-2(b).
• Modernization and Simplification of Disclosures Regarding MD&A, Selected Financial Data and Supplementary Financial Information (Proposed Rule Stage): The Division is considering recommending that the Commission propose rule amendments to modernize and simplify disclosures regarding Management’s Discussion & Analysis (MD&A), Selected Financial Data and Supplementary Financial Information.

This item - formerly on the Fall 2018 Long-Term Actions list - is now on the current Active Actions list:

• Amendments to Rule 701/Form S-8 (Proposed Rule Stage): The Division is considering recommending that the Commission propose rule amendments to Securities Act Rule 701, the exemption from registration for securities issued by non-reporting companies pursuant to compensatory arrangements, and Form S-8, the registration statement for compensatory offerings by reporting companies.  

These rulemakings (among others) remain on the Long-Term Actions list (as updated):

• Clawbacks
• Conflict Minerals Amendments
• Corporate Board Diversity Disclosure
• Pay vs. Performance
• Proxy Process Amendments
• Universal Proxy

See our report on the SEC's Fall 2018 Rulemaking Agenda, and this recent report: "SEC Chair Clayton Testifies on Fiscal 2020 Budget Request."