All Securities and Exchange Commission articles – Page 66
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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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J.P. Morgan to Pay SEC and CFTC $307 million for Disclosure Violations
Two JP Morgan wealth management subsidiaries today agreed to pay a total of $307 million to the Securities and Exchange Commission and the Commodity Futures Trading Commission in joint enforcement actions for failure to disclose conflicts of interest to clients. Both the CFTC and SEC charged J.P. Morgan Securities (JPMS) ...
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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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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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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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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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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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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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Blog
PTC Could Pay $28.2 Million in FCPA Case
Computer software company PTC disclosed in an annual report last week that it is discussing a tentative $28.2 million settlement with the Department of Justice and the Securities and Exchange Commission to resolve an investigation of potential violations of the Foreign Corrupt Practices Act. The potential violations concern expenditures by ...
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SEC Proposes Rules for Alternative Trading Systems
The SEC has proposed rules intended to enhance regulatory oversight of alternative trading systems that, because of their off-exchange equity deals, are often described as “dark pools.” They would be required to disclose on a new Form ATS-N details about the activities of broker-dealer operators. The proposal also requires all ...
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Piwowar: SEC Must Focus on Materiality, Not Social Issues
Image: Don’t believe the hype about divisiveness at the SEC. The increasingly common occurrence of split votes along party lines is a byproduct of Congressional mandates, notably through the Dodd-Frank Act, that wedge social issues into the disclosure regime at the expense of materiality. That’s the word from Commissioner Michael ...
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Supreme Court May Be Last Stop for Conflict Minerals Rule
The SEC’s Conflict Minerals Rule may be headed to the nation’s highest court after suffering another legal setback in the U.S. Court of Appeals for the D.C. Circuit this week. To preserve the rule’s full slate of intended disclosure requirements, the Commission has one last legal option: a review of ...
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SEC Sounds Warning Over Use of Outsourced CCOs
The SEC is urging investment advisers and funds that outsource their compliance function to consultants or law firms to review the effectiveness of that practice. An exam risk alert issued by the Office of Compliance Inspections and Examinations warns of “significant compliance-related issues” at firms using an outsourced CCO. More ...
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Ceresney: SEC Takes ‘Careful, Measured Approach’ to CCO Liability
Image: Many compliance officers are on edge these days amid regulatory actions that underscore their risk of personal liability. Once again, Andrew Ceresney, director of the SEC’s Division of Enforcement, is trying to soothe some of that angst. He recently told an audience of CCOs, “There has been no change ...
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Caldwell Explains New Compliance Officer Counsel
Image: During remarks at a recent conference in New York, Assistant Attorney General Leslie Caldwell offered some insight about the Justice Department’s newly established compliance counsel position and how this individual will help the Criminal Division assess compliance programs. “Unfortunately, a surprising number of companies still lack rigorous compliance programs,” ...
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SEC Files Crowdfunding Fraud Complaint
In the same month that the Securities and Exchange Commission approved Regulation Crowdfunding, permitting startups and small businesses to raise capital by offering and selling securities through crowdfunding, the agency also filed its first complaint for crowdfunding fraud. The case highlights the emerging risk posed by online fundraising for the ...
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White: As Securities Offerings Change, SEC Adapts
Recent years have seen significant changes in terms of how securities offerings are conducted, with many of the recent regulatory reforms for public offerings the result of the JOBS ACT. At a conference in New York City on Wednesday, Securities and Exchange Commission Chairman Mary Jo White spoke about ...
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SEC Offers Proxy 'Unbundling' Guidance for M&A Deals
The Security and Exchange Commission’s Division of Corporation Finance has released new guidance, in the form of two Compliance and Disclosure Interpretations, concerning proxy bundling in the context of mergers and acquisitions. The Exchange Act requires proxies to clearly and impartially identify each “separate matter” to be acted upon, ...
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SEC Readies Crowdfunding Rule for Friday Vote
The wait is over. On Oct. 30, the Securities and Exchange Commission will vote on long-delayed rulemaking, mandated by the JOBS Act,that will allow for the offer and sale of securities. A proposed rule, dating back to October 2013, established guidelines for investors and rules for issuers that want ...
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SEC's Investor Advocate Slams NYSE Rule Change
For the first time, the Securities and Exchange Commission’s Office of the Investor Advocate is urging the rejection of a rule proposal. The New York Stock Exchange wants to exempt early stage companies from obtaining shareholder approval before selling additional shares to insiders and other related parties. Rick Fleming, the ...