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ARTICLE · 11 DECEMBER 2020

Nasdaq Proposed Rule Would Require Board Diversity And Transparency

Ogletree, Deakins, Nash, Smoak & Stewart
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On December 1, 2020, the Nasdaq Stock Market LLC filed a proposal with the U.S. Securities and Exchange Commission (SEC)

United StatesCorporate/Commercial Law

On December 1, 2020, the Nasdaq Stock Market LLC filed a proposal with the U.S. Securities and Exchange Commission (SEC) to establish a new rule that would require diversity on corporate boards of directors and transparency regarding the composition of boards.

Summary of the Proposed Rule

In its proposal, Nasdaq emphasized that this year's "social justice movement has brought heightened attention to the commitment of public companies to diversity and inclusion." The proposal also cites several academic publications that studied the relationship between diverse boards and improved financial performance and corporate governance. As a result, the proposal seeks to encourage companies to have boards of directors that better reflect the country's diverse population. The proposal would accomplish this goal by requiring a few things from companies.

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