Regulatory Developments -
Client Alert: SEC Issues New Guidance on Excluding Shareholder Proposals under Rule 14a-8:
Goodwin Procter’s Capital Markets practice has released a client alert on the SEC’s Division of...more
11/5/2015
/ Banking Sector ,
Broker-Dealer ,
Exemptions ,
Federal Reserve ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Global Systemically Important Financial Institutions (GSIFI) ,
Interim Rule ,
Management Proposals ,
Margin Requirements ,
Ordinary Business Exception ,
Proposed Regulation ,
RAISE Act ,
Recordkeeping Requirements ,
Regulation SCI ,
Reporting Requirements ,
Resale Exemption ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Shareholder Proposals ,
SIFMA ,
Startups ,
Swap Dealers ,
Swaps ,
Trinity Wall Street ,
Wal-Mart
Regulatory Developments -
SEC to Vote on Final Title III Crowdfunding Rules Oct. 30:
The SEC has announced that it will vote on whether to adopt rules and forms related to the offer and sale of securities through...more
10/29/2015
/ Brokers ,
Capital Requirements ,
Covered Swap Entities (CSE) ,
Crowdfunding ,
D&O Insurance ,
Department of Education ,
Disgorgement ,
Dodd-Frank ,
Enforcement Actions ,
Excessive Fees ,
Farm Credit Administration ,
FDIC ,
Federal Reserve ,
FHFA ,
Funding Portal ,
Margin Requirements ,
New Regulations ,
OCC ,
Penalties ,
Professional Misconduct ,
Proposed Regulation ,
Rule 147 ,
Section 504 ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Student Loans ,
Students ,
Swaps ,
Title III
Regulatory Developments:
FINRA Requests Comment on Rules Relating to Financial Exploitation of Vulnerable Adults -
On Oct. 15 FINRA published Regulatory Notice 15-37, requesting comment on proposed amendments to...more
10/22/2015
/ Amended Regulation ,
BE-180 ,
Benchmarks ,
Comment Period ,
Conflicts of Interest ,
Consumer Financial Protection Bureau (CFPB) ,
Data Collection ,
Disclosure Requirements ,
Diversity ,
Elder Issues ,
Enforcement Actions ,
Exploitation ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Fines ,
Foreign Nationals ,
HMDA ,
Investment Adviser ,
Mortgage Lenders ,
Mortgages ,
Municipal Bonds ,
Neither Admit Nor Deny Settlements ,
Private Funds ,
Proposed Regulation ,
Public Offerings ,
Puerto Rico ,
Recordkeeping Requirements ,
Regulation C ,
Regulation M ,
Reporting Requirements ,
Restitution ,
Rule 105 ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Short Selling ,
Surveys ,
U.S. Commerce Department
Regulatory Developments:
FINRA Proposes Rules for Funding Portals -
On Oct. 9 FINRA filed with the SEC a proposed rule change to adopt Funding Portal Rules 100 (general standards), 110 (funding portal application),...more
10/15/2015
/ Comment Period ,
Consumer Financial Protection Bureau (CFPB) ,
Crowdfunding ,
Debt Securities ,
Disclosure Requirements ,
Enforcement Actions ,
Fees ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Funding Portal ,
JOBS Act ,
Kickbacks ,
Marketing Services Agreements ,
Mortgage Lenders ,
Mortgages ,
Pricing ,
Proposed Regulation ,
Securities and Exchange Commission (SEC) ,
Structured Financial Products
Regulatory Developments -
FINRA Files Proposed Rule Change to Apply Markup Rule to Government Securities:
On Sept. 30 FINRA filed with the SEC a proposed rule change, published in the Federal Register on Oct. 6, to...more
10/8/2015
/ Amended Regulation ,
Cease and Desist Orders ,
Comment Period ,
Consumer Financial Protection Bureau (CFPB) ,
Data Privacy ,
Data Protection ,
Data Security ,
Dispute Resolution ,
Dodd-Frank ,
Enforcement Actions ,
EU Data Protection Laws ,
FDIC ,
Federal Register ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
International Data Transfers ,
Kamala Harris ,
Mandatory Arbitration Clauses ,
Military Service Members ,
Municipal Securities Market ,
Proposed Regulation ,
Securities and Exchange Commission (SEC) ,
Small Business ,
TILA-RESPA Integrated Disclosure Rule (TRID) ,
US-EU Safe Harbor Framework ,
Websites
Regulatory Developments -
SEC Proposes to Amend Administrative Proceedings Rules:
On Sept. 24 the SEC announced that it had voted to propose amendments to rules governing its administrative proceedings. The...more
10/1/2015
/ Administrative Proceedings ,
Bitcoin ,
Breach of Duty ,
Cease and Desist Orders ,
CFTC ,
Class Certification ,
Comment Period ,
De-Risking ,
Disclosure Requirements ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement Actions ,
Excessive Fees ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Margin Requirements ,
MSRB ,
Municipal Securities Issuers ,
Proposed Amendments ,
Proposed Regulation ,
Regulation S-X ,
Securities and Exchange Commission (SEC) ,
Swap Execution Facilities ,
Wash Trades
Regulatory Developments:
DOL Releases Transcripts of Fiduciary Standard Hearings -
The Department of Labor (DOL) has released the transcripts of the hearings held by the agency in August on its proposed fiduciary...more
9/10/2015
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Caesars ,
Comment Period ,
Department of Labor (DOL) ,
Enforcement Actions ,
Fiduciary Duty ,
Filing Requirements ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
FinCEN ,
Indemnification ,
Meals-Gifts-and Entertainment Rules ,
MSRB ,
Municipal Advisers ,
Municipal Securities Issuers ,
New Guidance ,
Proposed Amendments ,
Proposed Regulation ,
Regulation A ,
Securities and Exchange Commission (SEC) ,
Swap Data Repositories ,
Transcripts
Regulatory Developments -
California Department of Business Oversight Permits Money Transmitter to Treat Customer Funds in Designated Custodial Account as “Eligible Securities” -
The California Department of...more
9/3/2015
/ Administrative Procedure Act ,
Anti-Money Laundering ,
Debt ,
Department of Business Oversight ,
Final Rules ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
FinCEN ,
Information Reports ,
Investment Adviser ,
Money Laundering ,
Money Transmission Act ,
Money Transmitter ,
Patriot Act ,
Preliminary Injunctions ,
Proposed Regulation ,
Securities and Exchange Commission (SEC)
Regulatory Developments -
CFTC Issues Proposed Amendments to Swap Data Recordkeeping and Reporting Requirements for Cleared Swaps:
On Aug. 19 the CFTC announced that it had voted to propose amendments to existing...more
8/27/2015
/ Administrative Procedure Act ,
CFTC ,
Comment Period ,
Derivatives Clearing Organizations ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
First Amendment ,
Government Officials ,
Investment Advisers Act of 1940 ,
NASD ,
OCIE ,
Pay-To-Play ,
Political Contributions ,
Proposed Regulation ,
Risk Alert ,
Securities and Exchange Commission (SEC) ,
Swap Data Repositories ,
Swaps
Regulatory Developments -
SEC Adopts Rules and Forms for Registration of Security-Based Swap Dealers and Major Security-Based Swap Participants:
On Aug. 5, the SEC voted to adopt registration rules and forms for...more
8/6/2015
/ Anti-Money Laundering ,
CEOs ,
Dodd-Frank ,
Fee Waivers ,
Final Rules ,
Financial Industry Regulatory Authority (FINRA) ,
Investment Funds ,
Management Fees ,
Pay Ratio ,
Penny Stocks ,
Proposed Regulation ,
Securities and Exchange Commission (SEC) ,
Security-Based Swaps ,
Swap Dealers
Regulatory Developments -
CFPB Outlines Guiding Principles for Faster Payment Networks:
On July 9, the CFPB released an outline of its guiding Consumer Protection Principles (Principles) for protecting consumers as...more
7/16/2015
/ BrokerCheck ,
CFTC ,
Comment Period ,
Consumer Financial Protection Bureau (CFPB) ,
Cross-Border Transactions ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement ,
Federal Register ,
Financial Industry Regulatory Authority (FINRA) ,
Fund of Funds ,
Investment Company Act of 1940 ,
New Regulations ,
No-Action Letters ,
Payment Systems ,
Proposed Regulation ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Tibble v Edison Int
FINRA Requests Comment on Proposed “Pay-to-Play” Rule -
FINRA issued Regulatory Notice 14-50 requesting comment on proposed “pay-to-play” and related rules that would regulate in a manner similar to Rule 206(4)-5 under...more
11/20/2014
/ Alternative Mutual Funds ,
Anti-Money Laundering ,
Civil Monetary Penalty ,
Crowdfunding ,
Dodd-Frank ,
Financial Industry Regulatory Authority (FINRA) ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Pay-To-Play ,
Proposed Regulation ,
Retroactivity ,
Securities and Exchange Commission (SEC) ,
Settlement ,
U.S. Treasury ,
Unregistered Securities ,
Variable Insurance
In this issue:
- In preliminarily denying two exemption requests, the SEC takes a stand for market transparency in ETFs and upholds the arbitrage mechanism that allows market prices to closely track NAVs.
-...more
10/30/2014
/ ABS ,
Administrative Hearings ,
Arbitrage ,
Asset-Backed Securities ,
Bank Secrecy Act ,
Disclosure Requirements ,
Enforcement Actions ,
ETFs ,
Financial Industry Regulatory Authority (FINRA) ,
FinCEN ,
Flood Insurance ,
Flood Zones ,
Money Services Business ,
Municipal Advisers ,
NAV ,
New Regulations ,
Private Equity Funds ,
Proposed Regulation ,
Risk Retention ,
Securities and Exchange Commission (SEC) ,
Transparency ,
Virtual Currency