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
This work is licensed under a Creative Commons Attribution 4.0 International License.
Publication Statement
Copyright held by the author. User is responsible for all copyright compliance.
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
First Page
1
Last Page
4
Recommended Citation
U Denver Legal Studies Research Paper No. 15-30