Us Congress 2023-2024 Regular Session

Us Congress House Bill HB4589

Introduced
7/12/23  

Caption

To amend the Securities Exchange Act of 1934 to provide for the registration of proxy advisory firms, and for other purposes.

Impact

The bill mandates that proxy advisory firms file applications for registration with the Securities and Exchange Commission (SEC). In order to qualify for registration, firms must provide accurate information about their operations and demonstrate their ability to act in the best economic interest of shareholders. Additionally, the SEC is empowered to establish rules to manage conflicts of interest that may arise in the provision of proxy advisory services. This change is expected to bring a level of scrutiny that has previously been missing, with the intention of protecting investors and promoting fair practices in the industry.

Summary

House Bill 4589 aims to amend the Securities Exchange Act of 1934 to establish a formal registration process for proxy advisory firms. This legislation seeks to enhance oversight and regulation of firms that provide proxy voting advice, research, analysis, and recommendations to clients involved in vote casting. The intent behind this bill is to ensure that proxy advisory services operate with transparency and accountability, particularly regarding the data and methodologies used to formulate their voting recommendations.

Contention

However, the bill has generated debate regarding its potential implications for both freedom of service provision and investor protection. Critics argue that the registration requirements and the accompanying regulatory framework may impose undue burdens on proxy advisory firms, potentially limiting their ability to provide timely and effective advice. Supporters, on the other hand, believe that the bill is necessary to mitigate conflicts of interest and improve the reliability of proxy voting recommendations, thereby enhancing overall shareholder engagement and corporate governance.

Companion Bills

US HB4767

Related Protecting Americans’ Retirement Savings from Politics Act

US HB4790

Related Protecting Americans’ Retirement Savings from Politics Act Businesses Over Activists Act Guiding Uniform and Responsible Disclosure Requirements and Information Limits Act of 2023 American FIRST Act of 2023 American Financial Institution Regulatory Sovereignty and Transparency Act of 2023

Similar Bills

US HB4767

Protecting Americans’ Retirement Savings from Politics Act

US HB448

Putting Investors First Act of 2023 This bill requires a proxy advisory firm to register with the Securities and Exchange Commission and prohibits an unregistered proxy advisory firm from using interstate commerce to provide proxy-voting advice, research, analysis, or recommendations to any client. With respect to these firms, the bill (1) establishes procedures for both registration and termination of registration; (2) requires each firm to employ an ombudsman, designate a compliance officer, and publicly disclose conflicts of interest; (3) allows issuers to assess and comment on proxy voting recommendations; and (4) prohibits unfair, coercive, or abusive practices. The bill establishes a private right of action against a proxy advisory firm that endorses an approved proposal that is not supported by the issuer and is found to be illegal.

US SB1799

Putting Investors First Act of 2023

US HB4662

Corporate Governance Examination Act

US HB4648

To amend the Securities Exchange Act of 1934 to provide for duties of certain investment advisors, asset managers, and pension funds with respect to voting on shareholder proposals, and for other purposes.

US HB4790

Protecting Americans’ Retirement Savings from Politics Act Businesses Over Activists Act Guiding Uniform and Responsible Disclosure Requirements and Information Limits Act of 2023 American FIRST Act of 2023 American Financial Institution Regulatory Sovereignty and Transparency Act of 2023

US HB4652

Public Company Advisory Committee Act of 2023

US HB4759

Environmentally Sustainable Growth Act of 2023