Plan ahead: material disclosure changes for 2010

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Published in Lexology January 21, 2010 by Robert Murphy, Rick McDonald and Mark Metz

A number of rule revisions by the SEC will require public companies and management investment companies to make new or enhanced disclosures in their proxy statements and other public filings beginning in 2010. The most significant of these changes, Proxy Disclosure Enhancements (Releases Nos. 33-9089, 34-61175, IC-29092 (Dec. 16, 2009), was adopted by a 4-1 vote of the SEC on December 16, 2009, and amends Regulation S-K, Item 401 (Directors, Executive Officers, Promoters and Control Persons), Item 402 (Executive Compensation) and Item 407 (Corporate Governance) effective as of February 28, 2010 (the “Disclosure Enhancements”).

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