Does the NYSE require companies to continue to provide Written Affirmations in addition to the disclosure requirements of Section 303A?
Yes, as part of its compliance program, the NYSE will require that companies provide to the NYSE a Written Affirmation on an annual basis, approximately 30 days after the annual shareholders’ meeting. Companies will also be required to submit to the NYSE a shorter form of Written Affirmation on an interim basis each time a director is added to, or removed from, the board. An interim Written Affirmation will also be required each time that a change is made to the composition of the audit, nominating or compensation committees. If the required responsibilities of the nominating/corporate governance committee and/or the compensation committee have been reallocated to any other committees of the board, any changes to the composition of those other committees must also be followed by the submission of an interim Written Affirmation. The forms for both the annual and interim Written Affirmations will be available shortly on the NYSE corporate website at www.NYSE.com.
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