Delaware’s Governor Adopts Tenth Amendment to State’s COVID-19 Order, Addresses Annual Stockholder Meetings

Yesterday, Delaware’s governor, John C. Carney adopted a tenth amendment to the state’s COVID-19 related emergency order. Among other things, the amendment allows publicly listed Delaware corporations to notify stockholders of a change in their annual stockholder meeting from in-person to virtual solely by a document publicly filed by the corporation with the Securities and Exchange Commission and a press release, which must be be promptly posted on the corporation’s website after release. This will provide companies some much-needed flexibility to plan for their annual meetings in the face of local stay at home orders.

Notably, the adopted amendment only applies to corporations that have already sent notice of meetings to be held at a physical location.

You can access the full modification here.