The SEC's Shareholder Proposal Rule: Creating a Corporate Public Square

Authors

James D. Cox, Duke Law SchoolFollow
Randall S. Thomas

Document Type

Article

Publication Date

2021

Abstract

In this Article, we take advantage of this Symposium’s goals to think broadly about the future of Rule 14a-8 of the Securities Exchange Act of 1934, the shareholder proposal rule. We set forth a vision for the rule to address boardroom insularity by likening the shareholder proposal rule as the public square for shareholders. The existence of such a forum would redound to the benefit of investors, officers, and boards of directors as a fount of current and useful information about their investors’ and stakeholders’ concerns.

Citation

James D. Cox & Randall S. Thomas, The SEC's Shareholder Proposal Rule: Creating a Corporate Public Square, 2021 Columbia Business Law Review 1147-1198 (2021)