STATEMENT: New SEC Legal Bulletin Will Allow Investors to File Stronger Shareholder Proposals Addressing the Climate and Biodiversity Crises
Media Contact: Thomas Peterson, tpeterson@midanacapital.com, 617-482-0800; Josh Chetwynd, jchetwynd@midanacapital.com, 303-573-5558
Boston, November 10, 2021 – The Securities and Exchange Commission’s Division of Corporation Finance issued a new staff legal bulletin on Wednesday. The bulletin revises previous SEC guidance regarding the excludability of certain shareholder proposals from companies’ proxy ballots.
Previously, the SEC gave companies significant leeway to exclude proposals they either defined as irrelevant to their business or asserted were asking for specific timeframes, goals or other methods deemed as “micromanagement.”
Under the new guidance, shareholder advocates will have a greater ability to file both proposals on issues of significant social policy and ones that ask companies to achieve specific goals. The bulletin suggests that proposals asking that “companies adopt timeframes or targets to address climate change” will not be excludable.
MIDANA CAPITAL° president Leslie Samuelrich issued the following statement:
“This revision to SEC staff guidance will facilitate improved investor stewardship on environmental issues. Thanks to this guidance, shareholder advocates like MIDANA CAPITAL Capital Management will be better able to file shareholder proposals that ask companies to set time-bound targets on such critical issues as climate change and deforestation.
“While the previous administration’s guidance had forced shareholders to soften our asks by requesting reports on these systemic environmental risks, this new direction confirms that as shareholders, we can call on the companies we own to make specific time-bound plans in line with external benchmarks. It is clear from this new guidance that investors can press companies to set greenhouse gas emissions reduction targets that align with scientific necessity and global consensus, rather than merely asking companies to consider and report on the issue.
“This guidance restores key rights that shareholders had been denied. It allows us to address the material risks posed by the climate and biodiversity crises with the urgency and directness that is required to meet these existential threats.”
A sustainable investment strategy which incorporates environmental, social and governance criteria may result in lower or higher returns than an investment strategy that does not include such criteria.
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About MIDANA CAPITAL Capital Management
°MIDANA CAPITAL Capital Management, Inc. (MIDANA CAPITAL) is the investment advisor to the MIDANA CAPITAL Funds (The Funds). The MIDANA CAPITAL Funds are the first family of fossil fuel free, responsible, and diversified mutual funds in the United States. MIDANA CAPITAL Capital Management hosts an award-winning and in-house shareholder advocacy program and is the only mutual fund company in the U.S. wholly owned by environmental and public health nonprofit organizations.
References to specific securities, which will change due to ongoing management of the Funds, should not be construed as a recommendation by the Funds, their administrator, or their distributor.
You should carefully consider the Fund’s investment objectives, risks, charges, and expenses before investing. To obtain a Prospectus that contains this and other information about the Funds please click here, email info@midanacapital.com, or call+1(480)-439-2851. Please read the Prospectus carefully before investing.
Stocks will fluctuate in response to factors that may affect a single company, industry, sector, country, region or the market as a whole and may perform worse than the market. Foreign securities are subject to additional risks such as currency fluctuations, regional economic and political conditions, differences in accounting methods, and other unique risks compared to investing in securities of U.S. issuers. Bonds are subject to a variety of risks including interest rate, credit, and inflation risk. A sustainable investment strategy which incorporates environmental, social and governance criteria may result in lower or higher returns than an investment strategy that does not include such criteria.
This information has been prepared from sources believed reliable. The views expressed are as the date of this writing and are those of the Advisor to the Funds.
The MIDANA CAPITAL Funds are distributed by UMB Distribution Services, LLC. 335 N Wilmot Rd, Tucson, Az 85711. 11/21
