Nasdaq’s Board Diversity Win Invigorates SEC Disclosure Plans

Nov. 9, 2023, 10:00 AM UTC

An SEC plan to bolster corporate board diversity has found a clearer path forward after Nasdaq rules aimed at boosting women and minority directors secured court support.

The Securities and Exchange Commission has considered requiring public company disclosures on board member and nominee diversity since at least 2016, according to agency rulemaking agendas. The plans garnered new attention after Democrats took the commission’s helm in 2021 and blessed regulations for Nasdaq-listed companies to have diverse boards or explain why they don’t, as companies increasingly emphasized the importance of diversity.

The US Court of Appeals for the Fifth Circuit last month ...

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