Just as proxy season gets into full swing, the SEC has helpfully approved a modification to the NYSE’s rules regarding physical delivery of proxy material to the Exchange. As we explained here, the now-approved rule provides:
- Listed companies will not be required to provide proxy materials to the NYSE in physical form, or otherwise notify the NYSE, provided the proxy materials are included in an SEC filing available under Schedule 14A on the SEC’s EDGAR filing system.
- Any listed company whose proxy materials are available on EDGAR but not filed pursuant to Schedule 14A under the Act will be required to provide the NYSE information sufficient to identify such filing by designated means not later than the date on which such material is sent, or given, to any security holders.
- Any listed company whose proxy materials are not included in their entirety (together with proxy card) in an SEC filing available on EDGAR will continue to be required to provide three physical copies of any proxy material not available on EDGAR to the NYSE not later than the date on which such material is sent, or given, to any security holders.