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Frequently Asked Questions
  What if we have diverse board members who don't want to be counted as diverse (e.g., an LGBTQ+ community member who is not "out")? Do we have to add additional diverse board members to comply with Nasdaq's Board Diversity Rule?
Identification Number 1768
Directors may choose to opt out rather than reveal their diversity characteristics to the company.  In that case, the company would identify these directors in the “Did Not Disclose” category in the board diversity matrix.  If a company is unable to meet the applicable diversity objectives as a result, the company may provide an alternative public disclosure under Rule 5605(f)(3) explaining that the company has directors who do not wish to be identified or counted as diverse in order to satisfy the Rule.  
Publication Date*: 8/24/2021 Mailto Link Identification Number: 1768
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