How Cos. Can Respond To ESG Focus In SEC Exam Priorities

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By Rebecca Fike and Kelly Rondinelli (April 13, 2022, 2:37 PM EDT) — Following hot on the heels of the eagerly anticipated release of a proposed rule[1] regarding climate-related disclosures, the U.S. Securities and Exchange Commission’s Division of Examinations released its examination priorities[2] for fiscal year 2022 on March 30.

And, consistent with the SEC’s current focus[3] on environmental, social and corporate governance issues, ESG investing is number two on the list of the division’s significant focus areas.

ESG Investing

Central to the division’s ESG investing focus is the underlying concern that disclosures relating to ESG strategies or the incorporation of certain ESG criteria “could involve materially false and misleading statements or omissions, which…

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