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TheCorporateCounsel

TheCorporateCounsel.net

A basis for research and practical guidance focusing on federal securities laws, compliance & corporate governance.

DealLawyers

DealLawyers.com

An educational service that provides practical guidance on legal issues involving public and private mergers & acquisitions, joint ventures, private equity – and much more.

CompensationStandards

CompensationStandards.com

The “one stop” resource for information about responsible executive compensation practices & disclosure.

Section16.net

Section16.net

Widely recognized as the premier online research platform providing practical guidance on issues involving Section 16 of the Securities Exchange Act of 1934 and all of its related rules.

PracticalESG

PracticalESG.com

Keeping you in-the-know on environmental, social and governance developments

Earlier this month, I blogged on early drafts of the new ESRS for non-European Companies (now known as the ESRS-40a). Last week, EFRAG published the ESRS-40a exposure drafts as part of a consultation that will run until the end of October 2026. This version of the document contains significant changes and limits the information required in ESRS-40a reporting to strictly material impacts. Jones Day writes about this change in a recent memo:

“The Exposure Draft proposes a number of significant changes. Firms will now only have to report on material impacts. Reporting will no longer be required on sustainability-related risks, opportunities, resilience and dependencies (even if material). This change alone, assuming it makes it to the final version, would significantly reduce the work firms will need to do to prepare for CSRD Article 40a reporting.”

This is a fascinating choice by EFRAG. Many believed that EFRAG would limit reporting to financially material information. This would have been welcome news for companies disclosing such information under ISSB’s IFRS S1 and S2 frameworks. However, EFRAG chose to focus on the impact side of their “double materiality” equation, limiting reporting to material impacts alone. The ESRS-40a exposure drafts make clear that companies should only disclose financial information as it relates to impacts.  By focusing on impacts, EFRAG is lightening the load for multinationals subject to ESRS-40a reporting. However, global investors will likely find the information less useful than other stakeholder groups such as regulators and advocacy organizations.

The exposure drafts also set out a nuanced scheme controlling when disclosures must be made at the global level vs. the EU level. Readers can learn more about that in today’s next blog.

Our members can learn more about global disclosure standards here.

If you’re not already a member, sign up now and take advantage of our no-risk “100-Day Promise” – during the first 100 days as an activated member, you may cancel for any reason and receive a full refund. But it will probably pay for itself before then. Members also save hours of research and reading time each week by using our filtered and curated library of ESG/sustainability resources covering over 100 sustainability subject areas – updated daily with practical and credible information.

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The Editor

Zachary Barlow is a licensed attorney. He earned his JD from the University of Mississippi and has a bachelor’s in Public Policy Leadership. He practiced law at a mid-size firm and handled a wide variety of cases. During this time he assisted in overseeing compliance of a public entity and litigated contract disputes, gaining experience both in and outside of the courtroom. Zachary currently assists the PracticalESG.com editorial team by providing research and creating content on a spectrum of ESG… View Profile