Jumpstart Our Business Startups(JOBS) Act is intended to encourage companies to go public and to make it easier for private companies to raise capital without registering with the SEC. It will provide some relief from executive compensation reporting requirements for companies that have recently conducted an initial public offering (IPO) and qualify as an “emerging growth company” (EGC). Additionally, it tasks the SEC to examine whether the Regulation S-K disclosure requirements should be further streamlined to assist companies in the IPO process and reduce the costs and burdens for EGCs, and gives private companies more flexibility to issue equity compensation without triggering public company reporting rules.
- Reduced Proxy Disclosure: EGCs will be treated like “smaller reporting companies” for purposes of executive compensation disclosures.
- Exemption from Executive Pay Advisory Votes: After their IPO, EGCs will temporarily be exempt from Say on Pay (SOP), Say on Frequency (SOF) and Say on Golden Parachutes (SOGP) shareholder votes.
- Exemption from New Dodd-Frank Rules: EGCs will not be subject to upcoming Pay for Performance and Internal Pay Equity disclosure requirements.