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SEC Publishes Updated Fall 2024 Reg-Flex Agenda

The U.S. Securities and Exchange Commission (SEC) recently published its Fall 2024 Reg-Flex Agenda. The SEC updated the anticipated timing of the following rules:

Rule TopicFall 2024 AgendaSpring 2024 Agenda
14a-8 - Final RuleOctober 2025April 2025
Human Capital Management - Proposed RuleOctober 2025October 2024
Board Diversity - Proposed RuleOctober 2025April 2025
Regulation D - Proposed RuleOctober 2025April 2025
Definition of Securities Held of Record - Proposed RuleOctober 2025April 2025
Rule 144 Holding Period - Proposed RuleOctober 2025April 2025

Note that the SEC developed the Fall 2024 Reg-Flex Agenda prior to the U.S. presidential election. Given the new presidential administration and turnover at the SEC, we expect the Spring 2025 agenda to be significantly different. In particular, the SEC may decide not to release its proposed rule on board diversity after the U.S. Court of Appeals for the Fifth Circuit struck down the Nasdaq board diversity disclosure rules, holding that the SEC lacked the statutory authority under the Exchange Act to approve the rules. 

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capital markets, corporate governance, public companies