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Policy Statement

Maynard Nexsen

The SEC’s Pivot on Mandatory Arbitration Clauses: What Public Companies Need to Know

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The Change - On September 17, 2025, and effective September 19, 2025, the Securities and Exchange Commission (the “SEC”) announced two significant updates affecting its long-standing policy prohibiting certain mandatory...more

Jenner & Block

SEC Reverses Position on Mandatory Arbitration Clauses in IPOs

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On September 17, 2025, the US Securities and Exchange Commission (SEC) approved a policy statement (the Statement) that allows companies to include mandatory arbitration clauses in their governing documents for investor...more

Morgan Lewis

SEC Issues Policy Statement Permitting Arbitration Clauses in Registration Statements

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The US Securities and Exchange Commission’s recent policy statement, Acceleration of Effectiveness of Registration Statements of Issuers with Certain Mandatory Arbitration Provisions, indicated that, in the Commission’s view,...more

Ballard Spahr LLP

NCUA’s Hauptman vows to prohibit regulation through enforcement

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NCUA Chairman Kyle S. Hauptman said that through the issuance of a policy statement he is reenforcing an agency policy to prohibit officials from setting new policy through enforcement actions....more

Mayer Brown

New York State Department of Financial Services Issues Policy Statement on Notice of Satisfaction for Agreements Settlements and...

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On September 26, 2025, the New York State Department of Financial Services (“DFS”) issued Policy Statement: Notice of Satisfaction of Agreements (the “Policy Statement”), which allows companies that have been subject to an...more

Herbert Smith Freehills Kramer

SEC Issues Policy Statement on Mandatory Arbitration Provisions

On September 17, 2025, the U.S. Securities and Exchange Commission (SEC or Commission) issued a policy statement clarifying that its decision whether to accelerate the effectiveness of a registration statement for a...more

Ballard Spahr LLP

SEC Reverses Stance, Allows Companies to Mandate Arbitration for Investor Claims

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Last week, the Securities and Exchange Commission (SEC) issued a new policy statement allowing companies to include in their organizational documents arbitration provisions that would require investor claims arising under the...more

Ropes & Gray LLP

HM Treasury Releases Policy Statement on Appointed Representatives

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On 11 August 2025, HM Treasury released a policy statement on the Appointed Representatives (AR) regime (AR regime), following a Call for Evidence published in December 2021. The AR regime allows unauthorised firms to act...more

Latham & Watkins LLP

SEC Policy Statement on Mandatory Arbitration Provisions

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This month, the SEC adopted a Policy Statement under which the SEC staff will no longer prohibit public companies from including a provision in their organizational documents requiring mandatory arbitration for claims brought...more

Katten Muchin Rosenman LLP

SEC Issues Policy Statement Clarifying its Position on Mandatory Arbitration Provisions

On September 17, 2025, the SEC approved a Policy Statement clarifying the Commission’s views on issuers whose registration documents mandate arbitration of federal securities claims. The announcement, which effectively...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC Reverses Course on Arbitration Clauses, Potentially Opening the Door to Their More Widespread Adoption

In a September 17, 2025, policy statement (Policy Statement), the Securities and Exchange Commission (SEC) announced that the presence of a mandatory arbitration provision in a company’s governing documents will not impact...more

Goodwin

SEC Announces Open Meeting to Consider Policy on Mandatory Arbitration Provisions

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On September 10, 2025, the SEC announced that an open meeting will be held on September 17, 2025 and the agenda items include: There has been a long-standing debate over whether public companies should be permitted to require...more

Fenwick & West LLP

SEC Weighs in on Mandatory Arbitration Provisions

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On September 17, 2025, the SEC issued a long-awaited policy statement “to inform the public that the presence of a provision requiring arbitration of investor claims arising under the Federal securities laws will not impact...more

BCLP

Divided SEC Clears Way for Mandatory Arbitration Clauses in Company Governance Documents

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On September 17, 2025, without seeking public comment, the SEC approved two controversial items in a 3-1 vote...more

Cooley LLP

SEC Reverses Policy to Be Neutral on Mandatory Arbitration Bylaws

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At an Open Commission Meeting last week, the SEC approved a 20-page policy statement reversing a longstanding policy that the Staff wouldn’t accelerate the effectiveness of a registration statement if the company’s bylaws had...more

Foley & Lardner LLP

Atkins SEC: Making IPOs Great Again…?

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On September 17, 2025, Chairman Paul Atkins of the Securities and Exchange Commission (SEC) issued an open meeting statement that started its conclusion section with this statement: “Today’s recommendations on mandatory...more

Nelson Mullins Riley & Scarborough LLP

Blame FDR, not Atkins, for the SEC’s Policy Statement on Arbitration Provisions

The question that the Commission addressed on September 17, 2025, was whether, when being requested to accelerate the effectiveness of a registration statement, the Commission staff would consider the existence of an...more

Morgan Lewis - Power & Pipes

FERC Terminates Proceeding to Update 1999 Certificate Policy Statement

On September 12, 2025, the Federal Energy Regulatory Commission (FERC) terminated the proceeding in which it issued an updated policy statement that explained how FERC’s approach to considering applications to construct new...more

Wilson Sonsini Goodrich & Rosati

SEC Issues Policy Statement Clarifying View on Mandatory Arbitration Provisions

On September 17, 2025, the U.S. Securities and Exchange Commission (SEC or Commission) approved a Policy Statement clarifying the SEC’s position on accelerating the effective date of registration statements for the offer and...more

Cooley LLP

SEC Likely to Adopt Policy No Longer Prohibiting Mandatory Arbitration Bylaws

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The SEC has calendared an Open Commission Meeting for this Wednesday during which it will consider whether to issue a policy statement addressing the presence of a provision requiring arbitration of investor claims arising...more

Skadden, Arps, Slate, Meagher & Flom LLP

PRA Announces Reform to the UK Insurance Special Purpose Vehicles Regulatory Framework

- What is new: The PRA has published a policy statement finalising reforms to the UK insurance special purpose vehicles regulatory framework, including changes to funding, grace periods, authorisation and contract...more

Katten Muchin Rosenman LLP

Recent Developments to UK EMIR Reporting Requirements

The regulatory landscape for derivatives reporting in the United Kingdom continues to evolve, with the Bank of England (BoE) and the Financial Conduct Authority (FCA) (together, the Regulators) actively refining the UK...more

BakerHostetler

Weekly Blockchain Blog - July 2025 #2

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According to a recent press release, a major stablecoin consortium announced a new partnership with a leading international crypto exchange. The exchange has now integrated USDG and seeks to offer the stablecoin to its 60...more

Latham & Watkins LLP

SEC Staff Clarifies Disclosure Expectations for Crypto Asset Exchange-Traded Products

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The Staff highlighted disclosure-related observations and issues identified during reviews of digital asset ETP filings. On July 1, 2025, the Securities and Exchange Commission’s (SEC’s) Division of Corporation Finance...more

Fenwick & West LLP

SEC Division of Corporation Finance Issues Statement on Crypto Asset Exchange-Traded Products

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On July 1, the SEC’s Division of Corporation Finance (Corp Fin) issued a statement regarding Crypto Asset Exchange-Traded Products (crypto asset ETPs). Crypto asset ETPs are investment products that are listed and traded...more

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