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The Proxy Access Debate


Pursuant to pending SEC rule proposals, a public company would have to include shareholder nominees in its proxy along with the nominees of the nominating committee of the board. In addition, a public company would be required to ask for a shareholder vote on shareholder-initiated proposals to change the company's nomination and election process. These are significant and controversial proposals. This new FERF Issue Alert by by Susan F. Shultz, President, The Board Institute, Inc. and Jon S. Cohen, Partner, Snell & Wilmer Law Firm, describes the legal issues involved with proxy access and provides pros and cons of these proposals.

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