Publication Date

2015

Document Type

Paper

Keywords

Securities and Exchange Commission, Rule 14a-8, Whole Foods

Abstract

The Securities and Exchange Commission has been analyzing its interpretation under Subsection (i)(9) of Rule 14a-8. This provision allows for the exclusion of shareholder proposals that conflict with those submitted by management. The staff has been examining its interpretation since instructed to do so by the chair of the SEC following a no action appeal in a case involving Whole Foods. A number of letters and memos submitted in connection with the review have analyzed the issue. At least one asserted that any change in interpretation required the Commission to go through the process of notice and comment. This letter asserts that notice and comment is not required, relying extensively on Perez v. Mortgage Bankers Association.

Copyright Statement / License for Reuse

Creative Commons Attribution 4.0 International License
This work is licensed under a Creative Commons Attribution 4.0 International License.

Rights Holder

J. Robert Brown Jr.

Provenance

Received from author

File Format

application/pdf

Language

English (eng)

Extent

4 pgs

File Size

1.6 MB

Publication Statement

Copyright held by the author. User is responsible for all copyright compliance.

First Page

1

Last Page

4



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