On July 22, the SEC finalized amendments to its proxy solicitation rules that will modify the practices of proxy advisory firms, providing them with greater transparency and accountability. The rule amendments, which were the subject of a vigorous comment process, were approved by a 3-1 vote. The effective date will be 60…
On June 16, 2020, the U.S. Securities and Exchange Commission (SEC) granted registered municipal advisors (MAs) a temporary, limited exemption (Exemption) from broker-dealer registration to the extent that they solicit banks and other “Qualified Providers” in “Direct Placements” of securities and receive transaction-based compensation. The Exemption, which is intended to…
On June 16, the SEC granted registered municipal advisers (MAs) a temporary, limited exemption (Exemption) from broker-dealer registration for certain expanded activities. The Exemption permits registered MAs to directly solicit “Qualified Providers” (banks, wholly-owned subsidiaries of banks that are engaged in commercial lending and financing activities and federally- or state-chartered credit unions)…
On June 22, the SEC and Department of Justice (DOJ) Antitrust Division announced the signing of an interagency Memorandum of Understanding (MOU) “to foster cooperation and communication between the agencies with the aim of enhancing competition in the securities industry.” The announcement came during a joint equity market structure discussion. The conversation…
On June 19, the President announced his intention to nominate SEC Chairman Jay Clayton to serve as the next U.S. Attorney for the Southern District of New York (SDNY). The SDNY post is one of the most coveted and significant at DOJ, in part because SDNY’s jurisdiction covers New York City and,…
On June 18, the President announced his intention to nominate current SEC staffer Caroline A. Crenshaw to serve as the next SEC Commissioner. According to the statement, Ms. Crenshaw currently serves as Senior Counsel at the SEC and as a Captain in the U.S. Army Reserve, Judge Advocate General’s Corp. Ms. Crenshaw…
In a public statement issued on June 15, 2020, U.S. Securities and Exchange Commission (SEC) Chairman Clayton confirmed the June 30, 2020, deadlines for compliance with Regulation Best Interest (Reg. BI) and the Form CRS requirements, echoing his statements from April that the implementation of Reg. BI and Form CRS…
On June 16, the United States Court of Appeals for the D.C. Circuit dealt a blow to the SEC by overturning the agency’s “Transaction Fee Pilot.” The court ruled that the SEC’s adoption of the Pilot “was an unprecedented action that clearly exceeded the SEC’s authority under the Exchange Act.” Analyzing transaction…
The compliance date of June 30, 2020, is looming for U.S. broker-dealers subject to Regulation Best Interest (Reg. BI)[1] and broker-dealers and investment advisers required to prepare and provide relationship summaries pursuant to Form CRS and related rules.[2] Staff of the U.S. Securities and Exchange Commission (SEC) have provided answers…