Publication Date

1-1-2018

Document Type

Article

Organizational Units

Sturm College of Law

Keywords

Securities law, Corporate law, Shareholder rights

Abstract

Shareholders have the right under Rule 14a-81 to include proposals in a company’s proxy statement. Almost always precatory, proposals advise rather than command.4 The provision provides a mechanism for obtaining the collective views of shareholders.5 Typically opposed by management, proposals generally engender discussions on matters that companies would prefer to avoid.6 Moreover, although advisory, propos- als can impose meaningful constraints on managerial discretion.

Publication Statement

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

Originally published as J. R. Brown Jr., Shareholder Proposals and the Limits of Encrypted Interpretations, 63 Vill. L. Rev. 35 (2018).



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