MSRB Files New MA Pay-to-Play Rule with SEC

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On December 16, the Municipal Securities Rulemaking Board (“MSRB”) filed with the SEC a proposed rule that would extend to municipal advisers the MSRB’s existing rule prohibiting “pay-to-play” practices and restricting campaign contributions in the municipal securities and advisory business.

The proposed amendments extend Rule G-37 to municipal advisers and third-party solicitors:

  • Imposing a two-year ban on business with municipal entities after any contribution to an issuer official who can influence municipal-advisory business, subject to $250 de minimis exclusion to officials for whom a contributor can vote;
  • Prohibiting soliciting, coordinating (“bundling”), and contributions to state/local political parties or bond ballot initiatives – as well as indirect violations;
  • Imposing related disclosure and books-and-records requirements.

The filing, SR-MSRB-2015-14, is here.

The Rule amendments were proposed in August of 2014 in MSRB Reg. Notice 2014-15.  I discussed the proposal here.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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