You're correct toymaker1.  Here's a write-up on NOBO/OBO

New Post Public Reply Private Reply Replies (0) Message Board
Airdale toymaker1 #10473
You're correct toymaker1.  Here's a write-up on NOBO/OBO rules:

http://www.kattenlaw.com/nobo

What are the NOBO-OBO rules?

The NOBO-OBO rules are rules the SEC adopted in the mid-1980s that govern when an issuer may obtain a list of its “street name” shareholders who have not objected to such disclosure. These shareholders are “non-objecting beneficial owners,” or “NOBOs,” while "OBOs" are shareholders who have objected to the disclosure of their identities and share positions. A shareholder is a NOBO by default, unless he or she has taken affirmative steps to object.

“Street name” holders are those shareholders who hold their shares through a broker or bank custodian. Under this form of ownership, the shares are technically “owned” by the broker, bank or other intermediary, so that only the broker or bank knows the identity of its client, the true beneficial holder. The other type of shareholder is a “registered” shareholder, who holds shares directly on the books of the issuer or its transfer agent. In the case of “registered” holders, the issuer either has a list or can obtain one from its transfer agent.

What information can an issuer obtain about a NOBO?

An issuer may obtain the shareholder’s name, address and share position as of the date of the request. However, the issuer does not have access to the shareholder’s email address(es), or the particular bank or broker with which the account is held.

How does an issuer obtain a list of NOBOs?

An issuer may request that a NOBO list be generated at any time, and must pay a “reasonable reimbursement” fee set by the New York Stock Exchange. The SEC determined that the list should be available from a single intermediary in order to benefit from “economies of scale” in gathering and storing the data. At the time that the SEC adopted the NOBO-OBO rules, the magnitude and allocation of start-up and ongoing costs were a matter of controversy. The NYSE convened a committee represented by interested parties, including the Society of Corporate Secretaries, on behalf of issuers. The committee recommended a single intermediary, with fees set by the NYSE.

What are the objectives of the NOBO-OBO rules?

The principal objective of the NOBO-OBO rules was to balance the interests of issuers, brokers and shareholders, both retail and institutional. When the SEC first began to consider such a mechanism in 1981, the reconciliation of interests proved difficult. Five more years would pass before the rules were implemented on January 1, 1986, and this was only after convening an SEC advisory committee and an NYSE advisory committee, each of which included representatives of interested parties. The principal interests to be balanced included the following:

  • Brokers’ interest in protecting their proprietary client information—pointing to their ownership of their own databases, and highlighting a concern that the transmission of client information by a broker directly to an issuer would allow the recipient to reverse engineer the broker’s client list
  • Investors’ interest in privacy—pointing to their desire to avoid having their name, address and share ownership information provided to parties other than their banks, brokers and solicitors
  • Issuers’ desire to choose the mailing agent for communications with “street name” holders
  • Technological feasibility and operational efficiency
  • The allocation of related costs, including start-up costs, as well as ongoing costs such as software development, database maintenance and data storage

As noted above, providing investors with the opportunity to “opt out” of NOBO status addressed privacy concerns. The use of an intermediary addressed brokers’ concerns because it permitted the transmission of a client’s name, address and share position without any ability to associate the shareholder with a particular broker. The intermediary structure also addressed efficiency, as the SEC stated in 1985 that “economies of scale will be realized by permitting [brokers and banks] to delegate this function to an intermediary which will maximize cost savings while minimizing burdens on brokers.” The fees for obtaining a NOBO list would be regulated by the NYSE. Banks and brokers would be required to promptly forward communications to OBOs on behalf of issuers.

How many shareholders are NOBOs?

Retail shareholders are predominantly NOBOs. Third parties who track this information estimate that 75% of all retail shareholders who hold their shares in “street name” are NOBOs. In contrast, the majority of institutional shareholders are OBOs.

Is elimination of OBO status a possibility?

Shareholders are unlikely to accept the elimination of OBO status without replacing it with another mechanism that in effect provides a similar election. The forces competing with the issuers’ desire for the information have only strengthened. Since the mid-1980s, when the current system was implemented, institutional investors have only become more vocal about their desire to remain anonymous. Likewise, the general societal focus on privacy and data protection has only intensified. The forces driving investors’ desire for privacy are the same ones that resulted in the adoption of the “do not call” list earlier in the decade, and are driving current legislative proposals aimed at beefing up data protection laws. Any new or modified system for disclosure of beneficial holders almost certainly will have to include an opt-out mechanism, just as the current system allows for OBO status.

Given the need for an opt-out mechanism under any scenario, it is unlikely that any new or modified system or approach would result in the disclosure of a greater proportion of retail shareholders. Indeed, in 2006 the NYSE sponsored an Investor Attitudes Study. Among retail investors surveyed, 79% stated that they would choose, if asked, to allow their identities to be disclosed to issuers. This matches almost exactly the current actual percentage of retail NOBOs under the current system.

What are the potential consequences of eliminating OBO status (i.e., the ability of shareholders to opt out of disclosing names and other information to issuers)?

If NOBO status were eliminated in its entirety, issuers would have access to a list of their shareholders at any given time, just as today they can obtain a list of “registered” holders from their transfer agent. Issuers would then be able to choose their own distribution agent for all shareholders, just as they could, in theory, do today with respect to NOBOs. In that case, however, it seems unlikely that elimination of OBO status would reduce the cost of soliciting “street name” shareholders, as costs would continue to include:

  • the cost of generating the “street name” shareholder list, including technology and personnel to gather the shareholder information from numerous brokers and banks, and the organization and reporting of the collected data (including any start-up costs if the task is undertaken by one or more new entities); and
  • actual communication costs, including printing, postage and any solicitor costs.

Why can’t the SEC just get rid of the system that allows shares to be held in “street name”?

“Street name” ownership facilitates the efficient and accurate clearance and settlement of securities transactions. Following the “paper crisis” of the 1960s, Congress enacted legislation, and the SEC adopted rules and policies, designed to encourage “street name” ownership. As brokerage firms in the 1960s faced increasing volumes in securities transactions, their back offices found themselves unable to keep up with the processing requirements in a world of paper stock certificates. “Street name” ownership facilitates clearance and settlement because there is no paper that has to be transferred back and forth, and shares are fungible. While the system has been criticized as complicated, it is actually extremely modern and efficient, permitting the aggregate netting of multiple transactions among brokerage firms at the end of the day, rather than on a trade-by-trade basis. Because “street name” ownership is necessary to the efficient operation of the securities markets, its elimination is not on the table as a practical matter.

KMA Global Solutions International, Inc. (KMAG) Stock Research Links

KMAG Board Company Profile Buy Rating Time & Sales News Filings Financials
Scroll down for more posts ▼

Top 10 Most Recent News Articles

First-Time Homeowners: Unseen Pitfalls of Insurance

Updated Category News Views 6

Understanding Homeowners Insurance: Beyond the Basics Most folks diving into homeownership for the first time get caught up in the whirlwind of price tags, loans, and knick-knacks for their new place. Meanwhile, the nitty-gritty of homeowners insurance often gets tossed to the side. But take it from a weary watchdog of financial storms—it’s those details in the policy...

Continue Reading
MRI Surveillance Gains Ground in Lung Cancer Care

Updated Category News Views 7

Shifting the Standard: MRI's Rise in SCLC Treatment Here's a twist that baffles the traditionalists—ditch the prophylactic cranial irradiation (PCI) and catch clearer days with MRI surveillance for small-cell lung cancer (SCLC). The latest international phase III MAVERICK trial might just redraw the lines on what's considered standard care in this relentless disease....

Continue Reading
GORGIE Unleashes Berry Burst: Target's New Drink Star

Updated Category News Views 6

GORGIE Targets Taste Buds with Berry Burst Ever feel like you're missing out on that energy drink everyone seems to be raving about? Well, GORGIE's out there making some noise again, and this time it's got a new punchy player in the game: Berry Burst. It's not just another drink; it's shaking things up in the energy aisle with its exclusive launch at Target. Modern style...

Continue Reading
UWM Faces Class Action Deadline: Key Insights for Investors

Updated Category News Views 3

The High Stakes Reality for UWM Investors If there's one thing that's certain in this jittery world of investing, it's that losses have a way of waking you up. Right now, anyone tied up with UWM Holdings Corporation (NYSE: UWMC) shares needs to keep their wits about them; we're barreling toward an October 13, 2026 deadline for a class action lawsuit. The clock's ticking...

Continue Reading
Ris-Rez May Set New Standard in Relapsed SCLC

Updated Category News Views 7

The Game-Changing Results Innovation in pharmaceuticals sometimes feels like a waiting game, but when a fresh breakthrough like this rolls in, it lights up the whole landscape. Risvutatug rezetecan, or Ris-Rez for short, has shown promising potential in the fight against relapsed small-cell lung cancer (SCLC) that has progressed after platinum-based therapy. Survival...

Continue Reading
Surfing Dogs Ride Waves, Support Orphan Pets

Updated Category News Views 3

Waves, Paws, and Passion Who would've thought that dogs catching waves could also catch hearts and wallets? Well, that's exactly what's happening today at Del Mar Dog Beach with the 21st Annual Surf Dog Surf-A-Thon revving up the excitement. It's a sun-soaked day in Rancho Santa Fe, California, right in the thick of things at the longest-running dog surf competition. For...

Continue Reading
PwC US and India Unite for Global Consultancy Powerhouse

Updated Category News Views 7

Rearranging the Consultancy Chessboard Piling onto the game of consultancy realignments, PwC just made a move reminiscent of playing strategy poker. They're tossing together PwC US and PwC India's advisory capabilities for a new joint venture. It’s like pushing two puzzle pieces to make a single colorful picture that stretches from the U.S. all the way to the...

Continue Reading
Trial Disappointment: No Significant Gains in NSCLC

Updated Category News Views 15

Dissecting the Nuances of the EVOKE-03/KEYNOTE-D46 Trial Every once in a while, we come across a trial that rattles cages in the research community. Today, it's the EVOKE-03/KEYNOTE-D46 trial, a collision of hope and hard-knock reality. This Phase 3 trial, which sought to explore the potential combo of sacituzumab govitecan (SG) and pembrolizumab on metastatic non-small...

Continue Reading
Regeneron Faces Legal Heat: Lead Plaintiff Deadline Looms

Updated Category News Views 6

Regeneron’s Tight Spot: Legal Showdown Well, here we go again—Regeneron Pharmaceuticals (NASDAQ:REGN) is under some serious heat. If you're an investor who faced significant losses with this biotech juggernaut, remember that the clock’s ticking down to the wire. By tomorrow, September 14, 2026, you need to decide if you're going to throw your hat in the ring for...

Continue Reading
Tam-Peli Steps Up in SCLC Battle: Trial Insights

Updated Category News Views 5

Noteworthy Developments in Small-Cell Lung Cancer Treatment Let's dive into a story straight from the world of small-cell lung cancer (SCLC) that doesn't take any prisoners. The antidote making waves is tambotatug pelitecan, or Tam-Peli for short, showcasing its might in the unrelenting fight against relapsed SCLC. The phase III TAISHAN-302 trial puts Tam-Peli...

Continue Reading

Top 5 Most Recently Viewed Articles

Pet Boarding Services Set for Major Market Expansion by 2032

Updated Category News Views 111

Overview of Pet Boarding Services Market Growth The pet boarding services market has been experiencing significant growth, projected to reach a substantial USD 29.5 billion by 2032. This increase is fueled by a strong trend in pet ownership and an overall rise in disposable incomes, allowing families to provide better care for their furry companions. It was valued at USD...

Continue Reading
Summit Therapeutics Q4 Earnings: A Closer Look at SMMT

Updated Category News Views 170

Summit Therapeutics: Lay of the Land After Q4 Earnings It's been a bumpy road for Summit Therapeutics, ya know? Just when you think they might pull through, they drop a bombshell. Released on February 23, 2026, their Q4 earnings report didn’t just miss the target—it got blasted off course. This wasn’t just a little hiccup; they missed estimated earnings by a...

Continue Reading
SAIC Board Approves Cash Dividend to Shareholders

Updated Category News Views 117

SAIC Board Approves Cash Dividend Science Applications International Corp. (NASDAQ: SAIC) has made an important announcement regarding its commitment to share ownership. Recently, the board of directors declared a cash dividend amounting to $0.37 per share, which signifies the company's dedication to returning value to its shareholders. This dividend is scheduled for...

Continue Reading
Innovative Steps to Enhance Affordable Housing in Canada

Updated Category News Views 271

Transforming Affordable Housing in Canada Far too many Canadians, especially younger individuals, are encountering difficulties in their quest for affordable housing options. In response, the government is unveiling an ambitious strategy paired with substantial investments aimed at enhancing the supply of accessible housing across the nation. Introducing Build Canada...

Continue Reading
Protecting Your Home: Smart Steps After Winter Storms

Updated Category News Views 117

Protecting Your Home: Smart Steps After Winter Storms Taking Action Now Can Minimize Future Damage With fluctuating temperatures following severe winter storms, homeowners and business owners must take proactive measures to prevent water damage and ensure a swift recovery. Mercury Insurance (NYSE: MCY) highlights the importance of acting strategically to protect...

Continue Reading