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Trump Signs Order Directing SEC, FTC and Labor Reviews of Proxy Advisory Firms

The directive initiates formal reviews that could lead to new transparency requirements, enforcement actions or fiduciary changes after rulemaking.

Overview

  • President Donald Trump signed an Executive Order instructing federal regulators to scrutinize the proxy advising industry that influences shareholder voting at major U.S. companies.
  • The order directs the SEC to review all proxy adviser rules, including Rule 14a-8 on shareholder proposals, consider revisions tied to DEI and ESG policies, and enforce anti-fraud provisions on voting recommendations.
  • It tasks the SEC with assessing whether proxy advisers should register as investment advisers, requiring greater disclosure of methodologies and conflicts, and examining potential coordination among investment advisers.
  • The FTC, in consultation with the Attorney General, is ordered to review state antitrust probes and investigate potential unfair methods of competition or deceptive practices by proxy advisers.
  • The Labor Department is directed to reevaluate ERISA guidance, consider treating proxy advisers as investment advice fiduciaries, strengthen fiduciary standards, and enhance transparency for retirement plans’ use of proxy advice.