All Rules & Proposals articles – Page 48
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Blog
SEC Expands FAST Act Guidance
The Securities and Exchange Commission this week released another round of guidance regarding the recently enacted Fixing America's Surface Transportation (FAST) Act. Compliance and Disclosure Interpretations from the Division of Corporation Finance use its standard question-and-answer format to address the filing of financial statements by emerging growth companies and requirements ...
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Blog
OSHA Seeks Comments on Whistleblower Guidance for Employers
The Occupational Safety and Health Administration is seeking public comments on a draft document intended to provide guidance to employers on preventing retaliation against whistleblowers. Comments are due Jan. 19, 2016.
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Blog
CFTC offers up cyber-security rules, margin requirements
The Commodity Futures Trading Commission is seeking to amend existing regulations regarding cyber-security testing and safeguards for the automated systems used by the firms it regulates. New rules would specify testing frequency requirements and require covered firms to have certain tests performed by independent contractors. In a separate matter, it ...
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Blog
Top Banking Risks Tallied by OCC
Strategic, underwriting, cyber-security, compliance, and interest rate risks sit atop the Office of the Comptroller of the Currency’s list of supervisory concerns in its Semi-annual Risk Perspective. Banks continue to face strategic challenges to growing revenues to meet target rates of return in a slow-growth, low interest rate environment, the ...
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Blog
U.K. Parliament Scraps ‘Burden of Proof’ for Bankers
It’s official—bankers won’t have to worry about being held accountable for misconduct on their watch. Earlier this week, the U.K. Parliament’s Treasury Committee made a last-minute change to abandon the “burden of proof” rule for bankers. In other words, while bankers will have to fulfill their statutory duty of responsibility, ...
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Article
The ‘Shalt Nots’ of GRC Implementations
There is no shortage of vendors and products in the governance, risk, and compliance software space. Choosing the wrong one can be disastrous. Just as problematic, however, is pairing a poor implementation strategy with even the best of solutions. Missteps can lead to employee revolts, cost overruns, delays, and ineffective ...
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Article
Is the FAST Act Really Just the JOBS Act 1.5?
Amid speculation of when, or if, Congress would get around to a JOBS Act 2.0—a sequel to a 2012 package of securities law reforms—some of those items surprisingly appeared in a new spending bill for transportation infrastructure. Tucked into the bill are a variety of requirements for the SEC regarding ...
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Blog
SEC Considers Derivatives Rules for Registered Funds
The SEC has proposed rules that, once finalized, will modernize and enhance existing regulations placed on the use of derivatives by registered investment companies. The proposed rules would limit the use of derivatives by mutual funds, exchange-traded funds, closed-end funds, and business development companies. It also requires them to establish ...
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Blog
SEC Makes Second Attempt at Extractive Payments Rule
The SEC re-proposed its extractive payments rule on Friday. The controversial rule, already vacated once by an industry lawsuit, requires public companies to report annually payments they, subsidiaries, and entities they control make to governments for the commercial development of oil, natural gas, or minerals. Initial comments on the proposed ...
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Blog
SEC Offers First Batch of FAST Act Guidance
The Securities and Exchange Commission’s Division of Corporation Finance has weighed in on the passage of the Fixing America's Surface Transportation (FAST) Act last week with new Compliance and Disclosure Interpretations related to provisions that affect federal securities laws.They address legislative efforts to reduce disclosure burdens on emerging growth companies.
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Blog
Bills Advance to Sharpen SEC’s Small Business Focus
The House Financial Services Committee has approved a slate of bipartisan bills and resolutions intended to “protect consumers, grow the economy, strengthen government transparency, and help lead the fight against terrorists.” Among the bills is legislation that establishes an Office for Small Business Capital Formation within the SEC and ...
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Blog
Bill Would Force Tech Companies to Report Terrorist Activity
Social media sites would be required to report terrorist activity on their networks if newly reintroduced legislation gains needed support. The Requiring Reporting of Online Terrorist Activity Act would require technology companies to alert law enforcement agencies to online terrorist activity. The bill stops short, however, of requiring companies to ...
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Blog
Europe Postpones Financial Transaction Tax Deal
Eurozone nations have yet to reach a deal regarding the new controversial European financial transactions tax, but they could reach an agreement by mid-2016. The proposal received support from 10 nations—with the exception of Estonia, which cited concerns about the January 2016 implementation deadline. Industry analysts believe that even while ...
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Blog
SEC Takes Another Crack at Extractive Payments Rule
After years of delays and lawsuits, the Securities and Exchange Commission will meet on Friday morning to debate whether it is ready to propose a new rule that requires publically traded oil, gas, and mining companies to disclose payments made to governments for extraction rights. The Dodd-Frank Act mandate led ...
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Blog
NY’s New AML Rules Seek Enhanced Monitoring, Attestations
Image: New York Governor Andrew Cuomo has proposed a slate of new anti-money laundering and anti-terrorism regulations for financial institutions that fall under that state’s supervision. They include a requirement that senior financial executives certify their institutions have sufficient systems in place to detect, weed out, and prevent illicit transactions, ...
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Blog
Aguilar Explains It All: Advice for Future SEC Commissioners
Image: As he moves on from the Securities and Exchange Commission, Luis Aguilar has a parting gift for future commissioners who will follow in his footsteps. He has issued a public statement, likely his last as a commissioner, to share what he has learned about navigating the unique challenges that ...
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Article
Amid Financial Reporting Changes, SEC Offers Cautions
With changes looming on accounting standards for revenue recognition, leases, financial instruments, and more, skittish corporate accountants often turn to the SEC’s Division of Corporation Finance and staff accountants, relying on phone briefings and pre-clearing consultations to get ahead of financial reporting issues before they result in an SEC comment ...
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Article
SEC Girds for Next Wave of Political Battles
On paper, the next several months mark the final stretch for the SEC’s implementation of Dodd-Frank Act rulemaking. In reality expect continued battles over the law, waged by both Republicans and Democrats. Recent congressional hearings gave a sense of what’s to come: stress tests for asset management funds, fights over ...
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Blog
Fed Puts New Limitations on Bank Bailouts
The Federal Reserve Board has clarified its procedures for emergency lending to banking institutions and placed new restrictions on future bailouts. A final rule, approved Monday and effective on Jan. 1, broadens the existing definition of insolvency and requires that emergency lending be approved by the Treasury Department. These and ...
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Blog
Fed Proposes Liquidity Disclosures, Will Improve Examinations
Image: There was a warning last week from Fed Governor Daniel Tarullo to expect an increase to stress test minimum capital requirements and a proposed rule requiring banks to publicly disclose aspects of their liquidity profile. Also announced was an effort to improve the consistency of supervisory examinations and a ...