News & Analysis as of

Securities and Exchange Commission (SEC) MSRB Disclosure Requirements

Procopio, Cory, Hargreaves & Savitch LLP

Charter School Bonds Under Scrutiny

SEC to Charter Schools: Avoid these risks when you engage your financing team - If you’ve financed a school facility – or you’re thinking about it – the SEC is watching (out for) you and the financing team you hire. They’ve...more

McNees Wallace & Nurick LLC

Bond Issue Fundamentals: A Guide to the Participants and the Process - Updated

A bond issue (a debt obligation of a local government) is often perceived as a mystery for many Pennsylvania local government officials and solicitors. The securities and tax regulations governing municipal bonds have grown...more

Wiley Rein LLP

Pay-to-Play Compliance Down the Stretch in the 2023 Elections

Wiley Rein LLP on

The 2023 elections are a little over a month away, and hopefully, if your corporation holds or seeks state and local government business, you have been regularly reminding your directors, officers, and other employees about...more

Bowditch & Dewey

[Webinar] Full Disclosure – Tips, Tricks and Traps for the Unwary in Navigating Public Finance Disclosure Obligations: Part II –...

Bowditch & Dewey on

The newly-enacted Financial Data Transparency Act (FDTA) has the potential to significantly change the format currently used by issuers and conduit borrowers in submitting financial information to the Municipal Securities...more

Tonkon Torp LLP

SEC Division of Examinations Announces 2023 Priorities

Tonkon Torp LLP on

On February 7, 2023, the Securities and Exchange Commission’s Division of Examinations announced its fiscal year 2023 examination priorities. This year, the Division continues its focus on protecting investors by prioritizing...more

Bowditch & Dewey

The Financial Data Transparency Act Casts a Looming Shadow Over Municipal Securities Disclosure

Bowditch & Dewey on

In December of 2022, Congress enacted the Financial Data Transparency Act (the “FDTA”), legislation intended to modernize and improve the organization, readability and availability of financial information collected by...more

Ballard Spahr LLP

White Paper: Structured Data is Coming to the Municipal Securities Market–Now What?

Ballard Spahr LLP on

The Financial Data Transparency Act of 2022 (FDTA), enacted by Congress as Title LVIII of the National Defense Authorization Act for Fiscal Year 2023, was signed into law by President Biden on December 23, 2022. The FDTA is...more

ArentFox Schiff

SEC Steps Up Enforcement With Respect to Municipal Bond Offerings

ArentFox Schiff on

In September 2022, the US Securities and Exchange Commission (SEC) announced that it had filed suit against one broker-dealer underwriter and entered into settlements with three other broker-dealer underwriters in cases...more

Orrick, Herrington & Sutcliffe LLP

A Teachable Moment: Latest SEC Enforcement Actions Remind Underwriters of Limited Offering Exemption’s “Reasonable Belief”...

In an unprecedented move, the Securities and Exchange Commission (the “SEC”) recently filed litigation against one underwriter of municipal securities and announced settlements with three others. The litigation and...more

Dorsey & Whitney LLP

Injecting Transparency & Competition into Equity Markets

Dorsey & Whitney LLP on

The Commission’s rule writing calendar may be about to have a meltdown. The agency is considering a number of significant rule writing-proposals covering important areas. A number of those proposals are controversial,...more

Orrick, Herrington & Sutcliffe LLP

The SEC's Proposed New Cybersecurity Disclosure Requirements for Public Companies: What Do They Mean for Municipal Issuers and...

Governmental entities have increasingly experienced cybersecurity incidents impacting their operations and finances over the last few years, with some breaches costing upwards of $40 million. Many issuers and borrowers of...more

BCLP

SEC’s Gensler: Major Cybersecurity Regulatory Changes On the Horizon

BCLP on

A significant expansion of rules relating to cybersecurity risks - particularly for the financial sector - is under consideration by the Securities and Exchange Commission (SEC). In public remarks last week, SEC Chair...more

Ballard Spahr LLP

Municipal Securities Regulation and Enforcement: The Year in Review and a Look Ahead

Ballard Spahr LLP on

The municipal securities market carried its momentum from the first half of 2021 into a strong finish for the year against the backdrop of continued regulatory and enforcement actions. Despite new variants of COVID-19...more

Adler Pollock & Sheehan P.C.

The ABCs of ESG: Practical Considerations for Environmental, Social and Governance Disclosure in Municipal Finance

In order to make an informed investment decision as to the purchase of municipal bonds, the latest trend is for investors to evaluate environmental, social and governance (“ESG”) factors relative to the bond issuers in...more

Ballard Spahr LLP

Municipal Securities Regulation & Enforcement

Ballard Spahr LLP on

The municipal securities market started the first half of 2021 strong against the backdrop of regulatory and enforcement actions, all while the remnants of COVID-19 continued to impact travel, commerce, and the economy....more

ArentFox Schiff

LIBOR Transition: (Bet You Didn't Know) Municipal Advisors’ and Underwriters’ Duties

ArentFox Schiff on

Municipal advisors, as well as other regulated entities, should be aware of their general obligations under Federal securities laws and MSRB Rules when formulating advice about securities or products, in particular if it...more

ArentFox Schiff

Overlooked Issues for LIBOR Transition: Board Governance and Disclosure Requirements

ArentFox Schiff on

The focus on quantifying LIBOR exposure and related disclosure requirements may be a ‘red herring.’ The real issues are (i) whether the LIBOR transition is merely an excuse to change the effective interest rates of financial...more

McCarter & English, LLP

Voluntary Disclosures And The SEC’s Public Statement Regarding The Importance Of Disclosure For Our Municipal Markets

On May 4, 2020, the U.S. Securities and Exchange Commission (the “SEC”) released a public statement from Chairman Jay Clayton and Rebecca Olsen, Director of the SEC’s Office of Municipal Securities (“OMS”), titled, “The...more

Miller Canfield

SEC’s Office of Municipal Securities Offers Guidance Regarding COVID-19’s Impact on Rule 15c2-12 Continuing Disclosure Undertaking...

Miller Canfield on

Every continuing disclosure undertaking entered into under Section (b)(5)(i) of Rule 15c2-12 (the “Rule”) of the Securities and Exchange Commission (“SEC”) requires the issuer or obligated person (as defined in the Rule)...more

Butler Snow LLP

COVID-19 and Secondary Market Disclosure

Butler Snow LLP on

Our thoughts are with you, your loved ones and organizations as we all navigate this public health crisis together. We are providing this alert to our public finance clients and other professionals regarding COVID-19 and its...more

Jones Day

Broker-Dealers Participating in Primary Offerings of Municipal Securities: Prepare for Implementation of New Rules

Jones Day on

The Situation: The Municipal Securities Rulemaking Board ("MSRB") amended its rules regarding primary offering practices and disclosures in connection with primary offerings to enhance regulatory transparency, ensure equal...more

Butler Snow LLP

A Brief Guide to the 2018 Amendments to Continuing Disclosure Requirements

Butler Snow LLP on

Introduction - Over the past several years, local government issuers have increasingly been privately placing bonds and other municipal debt obligations directly with banks or other purchasers rather than utilizing an...more

Troutman Pepper Locke

SEC Office of Compliance Inspections and Examinations Release National Exam Program Examination Priorities for 2019

Troutman Pepper Locke on

On December 20, 2018, the Office of Compliance Inspections and Examinations (“OCIE”) of the Securities and Exchange Commission (“SEC”) issued its 2019 examination priorities letter. OCIE releases examination priorities...more

K&L Gates LLP

Securities and Exchange Commission Amends and Updates Rule 15c2-12

K&L Gates LLP on

Since 1995, states and local governments have been subject to Rule 15c2-12 (the “Rule”), promulgated by the U.S. Securities and Exchange Commission (the “SEC”). Under the Rule, governmental entities that issued securities...more

Butler Snow LLP

Summary of SEC Release No. 34-83885 (2018 Amendment to SEC Rule 15c2-12)

Butler Snow LLP on

The Amendments - The 2018 amendments to Rule 15c2-12 (the “Rule”) make the following additions to the continuing disclosure requirements applying to most publicly-held municipal securities: (a) Amending the list of...more

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