At the end of August 2026, the SEC submitted three significant rulemaking projects to the Office of Information and Regulatory Affairs (OIRA) that would impact public companies and capital raising. OIRA updated its dashboard to indicate that these rulemakings are now subject to OIRA review. While OIRA has up to 90 days to review an agency’s rulemaking, it has typically reviewed most SEC proposals in a much shorter period of time. Once OIRA has completed its review, the Commission will vote on the rulemaking and, if it is approved, a proposing release will be published on the SEC’s website. The latest three proposals subject to OIRA review are:
- Rescission of Rule 14a-8’s Federal Regulation of Shareholder Proposals and Amendments to Rule 14a-4;
- Proxy Solicitation Modernization; and
- Enhancing Retail Exposure to Private Markets.
As we recently noted in the Goodwin Public Company Advisory Blog, OIRA is also reviewing the SEC’s proposed rulemaking titled: “Executive Compensation Disclosure Reform.”