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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

The UK Government is looking to “simplify” corporate reporting requirements. This simplification apparently includes removing specific ESG factors from corporate reporting. A recent Crowell memo examines the proposal and summarizes how it could change disclosures for UK companies:

“The government proposes to replace most existing strategic reporting requirements with five baseline narrative disclosures covering a company’s business model, performance, resources and relationships, strategy and principal risk exposures. Critically, the following would be removed as explicit legislative requirements:

  • Environmental matters, including the impact of a company’s business on the environment;
  • Employee matters, including employment policies, engagement and diversity;
  • Social and community matters;
  • Respect for human rights; and
  • Anti-corruption and anti-bribery matters.”

This proposal follows global trends in North America and Europe, which have sought to scale back ESG over the past several years. Similar actions in the EU and Canada have delayed or reduced corporate ESG reporting requirements. However, in the case of the UK, there may be a trade-off occurring. The UK is currently grappling with ISSB alignment. A recommendation on whether the government should adopt mandatory ISSB-aligned reporting is expected next year. Many of the above topics are covered in the ISSB standards. While these topics will no longer be required in corporate financial reports, the information may migrate to ISSB reports. This proposal would not alter climate reporting in the UK, which is currently under a TCFD framework. Despite removing ESG factors from corporate reporting, the government stated that companies may be required to furnish information on the above topics if they are deemed financially material.

Our members can learn more about ESG disclosure laws here.

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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