SEC Approves SRO Listing Standard Changes Related to Compensation Committee Independence and Consultants and Advisers

By Cydney Posner

The SEC has approved the listing standard changes related to compensation committee independence and consultants and advisers for both Nasdaq and the NYSE. 

NYSE companies will have until the earlier of their first annual meeting after January 15, 2014, or October 31, 2014, to comply with the new standards for compensation committee director independence. All other provisions will become effective on July 1, 2013 for NYSE companies (e.g., provisions relating to the authority of a compensation committee to retain and fund compensation consultants, legal counsel and other compensation advisers and the responsibility of the committee to consider independence factors before selecting or receiving advice from these advisers).

As noted in this New Brief,  Nasdaq companies will be required to  establish the committee's authority and responsibility under Rule 5605(d)(3) in the committee charter, resolutions or other board action by July 1, 2013.  Nasdaq companies will have until the earlier of their first annual meeting after January 15, 2014, or October 31, 2014, to comply with the remaining provisions (including a mandatory charter amendment to establish the authority noted above). 

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