News & Analysis as of

Amended Rules Registration Requirement

Stark & Stark

SEC Adopts Amendments to Modernize Internet Investment Adviser Registration Exemption

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On March 27, 2024, the Securities and Exchange Commission adopted amendments to modernize the rule for internet investment advisers relying on the exemption that qualifies them for SEC registration as smaller investment...more

Goodwin

FINRA Extends the “Maintaining Qualifications Program” Enrollment Window for Brokerage Reps U5’d Before March 15, 2022

Goodwin on

Previously registered representatives who missed the prior deadline now have until December 31, 2023 to enroll.  Registered brokerage representatives historically had two years from their Form U5 filing date to...more

Goodwin

FinCEN Issues Proposed Rule for Beneficial Ownership Information Reporting Requirements

Goodwin on

In This Issue. The Financial Crimes Enforcement Network (FinCEN) announced (1) a notice of proposed rulemaking for beneficial ownership information reporting requirements and (2) a regulatory process for new real estate...more

Goodwin

FINRA Extends the Registration Qualification Window from Two to Five Years After Termination

Goodwin on

Persons registered with a broker-dealer historically have had two years from their Form U5 filing date to re-register with another firm before their prior qualifications (examinations) would lapse. This two-year window often...more

Goodwin

FINRA Adopts New Rules to Address Firm Misconduct

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In This Issue. The Financial Industry Regulatory Authority (FINRA) adopted new rules to address firms with a significant history of misconduct; the Securities and Exchange Commission (SEC) issued an order approving rule...more

Wilson Sonsini Goodrich & Rosati

SEC Proposes Welcome Changes to Rule 701 and Form S-8

The U.S. Securities and Exchange Commission (SEC) recently proposed for comment amendments to Rule 701 and Form S-8 to address the major changes that have taken place in recent years in companies' compensation practices and...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFTC Amends Swap Data Reporting Rules, Creates Registration Framework for Non-US Clearing Organizations

On September 17, 2020, the Commodity Futures Trading Commission (CFTC) unanimously approved final rules amending the agency’s swap data reporting and derivatives clearing organization (DCO) registration requirements. The...more

Dechert LLP

SEC Adopts Rules to Relax Registration, Communications and Offering Requirements for Business Development Companies and Registered...

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The U.S. Securities and Exchange Commission on April 8, 2020 adopted a package of reforms to the securities registration, offering and communications requirements under the Securities Act of 1933 applicable to business...more

Akin Gump Strauss Hauer & Feld LLP

CFTC and NFA Year End Regulatory Updates

• Effective January 1, 2020, clarifying amendments to rules regarding communications with the public and use of promotional material will go into effect. • Effective February 1, 2020, CTA will be subject to new limitations...more

Katten Muchin Rosenman LLP

Bridging The Week - August 2019 #3

Two food giants agreed to resolve charges brought by the Commodity Futures Trading Commission that they manipulated or attempted to manipulate prices of the Chicago Board of Trade’s December 2011 wheat futures contract and...more

Mayer Brown Free Writings + Perspectives

Proposed State Securities Registration Amendments for Smaller Offerings

On November 1, 2018, the North American Securities Administrators Association, Inc. (“NASAA”) released for public comment proposed updates to the SCOR Statement of Policy and the SCOR Form (Form U-7). According to the NASAA,...more

Jones Day

Rule 701–A Time for Change?

Jones Day on

Rule 701 Prior to Amendment: Reliance on Securities Act Rule 701, a securities registration exemption for non-reporting issuers with respect to equity awards granted pursuant to a written compensatory plan, required special...more

Wilson Sonsini Goodrich & Rosati

SEC Amends Rule 701 to Increase Rule 701 Disclosure Threshold to $10 Million - SEC Also Issues Concept Release Seeking Public...

In a previous WSGR Alert, we noted a mandate under the Economic Growth, Regulatory Relief, and Consumer Protection Act which directed the U.S. Securities and Exchange Commission (the SEC) to raise the applicable threshold...more

Womble Bond Dickinson

Rule 701 Additional Disclosure Threshold Raised To $10m; SEC Solicits Comments To Modernize Compensatory-Related Offerings Under...

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Last week, the U.S. Securities and Exchange Commission (the “SEC”) (i) approved the increase of the threshold at which private companies must provide financial disclosures in private company compensatory Rule 701 offerings...more

Pillsbury Winthrop Shaw Pittman LLP

A New Era in Compensatory Equity Offerings?

SEC increases Rule 701(e) disclosure threshold to $10 million, effective immediately, and explores revamp of Rule 701 and Form S-8. The final rule increasing the Rule 701(e) disclosure threshold to $10 million leaves open...more

Locke Lord LLP

SEC Amends Rule 701 To Increase Disclosure Threshold And Seeks Comment On Further Changes For Compensatory Awards

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On July 18, the Securities and Exchange Commission adopted an amendment to Rule 701 increasing the threshold that triggers the Rule’s disclosure requirements. As background, Rule 701 provides an exemption from the...more

Fenwick & West LLP

SEC Increases Rule 701 Disclosure Threshold and Issues Concept Release Regarding Modernization of Compensatory Securities...

Fenwick & West LLP on

Increased 701 Disclosure Threshold - The U.S. Securities and Exchange Commission unanimously voted on July 18 to adopt final amendments to Rule 701, which provides private companies an exemption from registration for...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC Eases Disclosure Threshold Under Rule 701

On July 18, 2018, the Securities and Exchange Commission (SEC) amended Rule 701(e) of the Securities Act of 1933 (Securities Act), as mandated by the Economic Growth, Regulatory Relief, and Consumer Protection Act. The...more

Sullivan & Worcester

SEC amends Rule 701 and solicits comments on ways to modernize offerings pursuant to compensatory arrangements

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The SEC today issued final rules to amend Securities Act Rule 701, which provides an exemption from registration for securities issued by private companies pursuant to compensatory arrangements, such as equity plans. As...more

Dechert LLP

Small Business Credit Availability Act: Increasing Capital and Flexibility for Business Development Companies

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Highlights - On March 23, 2018, President Trump signed the Small Business Credit Availability Act (the Act), which aims to increase the availability of funding to small to mid-sized private U.S. companies and startups by...more

Baker Donelson

Small Business Securities Bulletin: 505 Is Not Alive: SEC Adopts New and Amended Rules Governing Intrastate and Small Offerings

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As we have discussed in prior Bulletins, pursuant to Section 5 of the Securities Act of 1933 (Securities Act) and state securities laws, any offer and sale of a security must be registered with the Securities and Exchange...more

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