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US activist investors must disclose clients in filings, SEC says
The agency said investors backing activism campaigns must be identified in 13D filings and proxy statements, increasing transparency around who funds boardroom fights.
The U.S. Securities and Exchange Commission requires activist investors to disclose their clients' identities in regulatory filings, challenging hedge funds that prefer confidentiality.
The SEC issued updated guidance on 13D filings and proxy statements that lawyers handling activist investor matters found unexpected and not widely publicized.
This new interpretation clarifies SEC rules on key disclosures following recent active campaigns by activist investors targeting various companies.
The SEC explicitly states that investors forming entities to acquire securities for activism must reveal their identities, as referenced in their response to Question 110.09.