What Are “Additional Soliciting Materials” for the Proxy Season?

During the proxy season, if you solicit votes for your annual meeting – other than delivering your proxy, you must first file that communication with the SEC as “additional soliciting material” before you use it.

“Additional soliciting material.” Definitely one of the strangest terms of art in our field. This is probably more commonly known as “proxy supplements” or “supplemental materials.” I say “additional soliciting materials” because that’s the term that was commonly used when I got trained back in my SEC days, over 30 years ago…

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