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Client Alert

SEC Proposes to Broaden Shareholder Proxy Access

May 27, 2009

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Last week, the Securities and Exchange Commission proposed new rules to facilitate the rights of shareholders to nominate corporate directors. The new rules were proposed in response to questions of accountability of corporate boards, particularly in light of the recent economic crisis, and represent the SEC's latest effort to address shareholder access since it proposed a major overhaul of proxy access rules in 2003. Under the proposed rules, qualifying shareholders would be able to have their nominees included in the company proxy ballot that is sent to all voters. Additionally, qualifying shareholders would be able to propose modifications to the company's governing documents concerning the company's nomination procedures or other director nomination disclosure provisions that do not conflict with SEC rules.

Click here to read our client alert on the SEC's proposals.

If you have any questions regarding these recent SEC proposals, please contact either the Womble Carlyle attorney with whom you usually work or one of our Corporate and Securities attorneys listed on the following webpage: WCSR Corporate & Securities Attorneys.

Womble Carlyle client alerts are intended to provide general information about significant legal developments and should not be construed as legal advice on any specific facts and circumstances, nor should they be construed as advertisements for legal services.

IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice within this client alert is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in a client alert.