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ARTICLE · 10 AUGUST 2021

SEC Approves NASDAQ Board Diversity Proposal Over Significant Dissent

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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The SEC recently approved two proposals by NASDAQ concerning board diversity.

United StatesCorporate/Commercial Law

The SEC recently approved two proposals by NASDAQ concerning board diversity.  Specifically, the proposals would "require each Nasdaq listed company, subject to certain exceptions, to publicly disclose . . . information on the voluntary self-identified gender and racial characteristics and LGTQ+ status . . . of the company's board" and to "require each Nasdaq-listed company, subject to certain exceptions, to have, or explain why it does not have, at least two members of its board of directors who are Diverse."  The proposal would also "provide certain Nasdaq-listed companies with one year of complimentary access for two users to a board recruiting service, which would provide access to a network of board-ready diverse candidates for companies to identify and evaluate." (https://www.sec.gov/rules/sro/nasdaq/2021/34-92590.pdf)

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