Paul Atkins, who served as a SEC commissioner from 2002 to 2008, has been selected by President-elect Trump to lead the agency.
"Paul is a proven leader for common sense regulations. He believes in the promise of robust, innovative capital markets that are responsive to the needs of Investors, & that provide capital to make our Economy the best in the World," Trump said in a social media post.
After leaving the SEC, Atkins founded a consulting firm, Patomak Global Partners, where he has represented various financial companies, including cryptocurrency ventures.
If confirmed by the U.S. Senate as SEC chair, Atkins likely would seek to roll back (or decline to enforce) some of Chair Gary Gensler's more controversial and costly rulemakings, including climate risk disclosure. Atkins, who has publicly opposed mandatory disclosure of corporate political expenditures, likely would direct the SEC staff to stop work on draft disclosure rules on corporate board diversity and human capital metrics.
Atkins likely will be sympathetic to corporate concerns about the surge in environmental and social shareholder proposals since 2021. He has previously criticized the influence of labor and environmental shareholder activists and publicly urged companies not to give in their demands. In a 2008 speech, Atkins shared his views on Rule 14a-8, the role of Delaware courts, and the pressure on the boards from resolution proponents.
" . . . [T]he board does have a fiduciary duty, but it also must decide whether it is in the best interests of the shareholders to use shareholder resources to contest the proposal and divert precious management time and attention to such efforts. It would not surprise me if, more often than not, the board simply applies a simple cost-benefit analysis and then takes the path of least resistance. So we must be vigilant that the shareholder proposal process does not result in the tyranny of the minority," Atkins observed in 2008.
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Ted Allen
Vice President, Policy & Advocacy
Society For Corporate Governance
New York NY
(202) 744-5763
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