Unified Agenda
17 CFR Ch. II
[Release Nos. 33-7968, 34-44154, 35-27373, 39-2389, IC-24926, IA-1936, File No. S7-09-01]
AGENCY:
Securities and Exchange Commission.
ACTION:
Semiannual regulatory agenda.
SUMMARY:
The Securities and Exchange Commission is publishing an agenda of its rulemaking actions, pursuant to the Regulatory Flexibility Act. Information in the agenda was accurate on March 30, 2001, the date on which the Commission's staff completed compilation of the data. To the extent possible, rulemaking actions by the Commission since that date have been reflected in the agenda. The Commission invites questions and public comment on the agenda and on the individual agenda entries. The Commission provides notice under section 610 of the Regulatory Flexibility Act, which requires a review of certain rules and public notice of the intent to perform those reviews, at the end of the calendar year in a separate Federal Register publication.
DATES:
Public comments are due by June 29, 2001.
ADDRESSES:
Persons wishing to submit written comments should file three copies of their comments with Jonathan G. Katz, Secretary, Securities and Exchange Commission, 450 5th Street NW., Washington, DC 20549-0609. All submissions should refer to File No. S7-09-01 and will be available for public inspection and copying at the Commission's Public Reference Room, Room 1026, at the same address. Interested persons may also submit comments electronically at the following e-mail address: rule-comments@sec.gov. We will post electronically submitted comment letters on the Commission's website www.sec.gov.
FOR FURTHER INFORMATION CONTACT:
David R. Fredrickson or Constancio B. Cater, Office of the General Counsel, 202-942-0890.
SUPPLEMENTARY INFORMATION:
The Regulatory Flexibility Act (RFA) (Pub. L. No. 96-354, 94 Stat. 1164) (September 19, 1980) requires each Federal agency, during April and October of each year, to publish in the Federal Register an agenda identifying rules which the agency expects to propose or adopt that are likely to have a significant economic impact on a substantial number of small entities (5 U.S.C. 602(a)). The RFA specifically provides that publication of the agenda does not preclude an agency from considering or acting on any matter not included in the agenda and that an agency is not required to consider or act on any matter that is included in the agenda (5 U.S.C. 602(d)). The agenda includes new entries, entries carried over from previous publications, and rulemaking actions that have been completed (or withdrawn) since publication of the last agenda.
The RFA also requires agencies to review rules that have a significant economic impact on a substantial number of small entities within 10 years and to provide public notice of the intent to perform those reviews (5 U.S.C. 610(a)). The Commission provides that notice annually by separate publication in the Federal Register at the end of the calendar year. In addition, the notice of rules that the Commission is reviewing in 2001 is published on the Commission's website www.sec.gov/smbus.
The following abbreviations for the acts administered by the Commission are used in the agenda:
"Securities Act" - Securities Act of 1933
"Exchange Act" - Securities Exchange Act of 1934
"PUHCA" - Public Utility Holding Company Act of 1935
"Investment Company Act" - Investment Company Act of 1940
"Investment Advisers Act" - Investment Advisers Act of 1940
The Commission's regulatory flexibility agenda is set forth below. The Commission invites public comment on the agenda and on the individual agenda entries.
Dated:
April 5, 2001.
By the Commission.
Jonathan G. Katz, Secretary.
| DIVISION OF CORPORATION FINANCE—Proposed Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4439 | Industry Guide 3-Statistical Disclosure by Bank Holding Companies | 3235-AI10 |
| 4440 | Asset-Backed Securities Disclosure | 3235-AF74 |
| 4441 | Streamlining Rule 144 | 3235-AH13 |
| 4442 | Disclosure of Equity Compensation Plan Information | 3235-AI01 |
| 4443 | Revision of Multijurisdictional Disclosure System | 3235-AH99 |
| 4444 | Mandated EDGAR Filing for Foreign Issuers | 3235-AI08 |
| 4445 | Updating the Regulation A Offering Circular | 3235-AH87 |
| 4446 | Financial Reporting and Blank Check Companies | 3235-AH88 |
| 4447 | Lock-Up Agreements | 3235-AI09 |
| 4448 | Securities Act Communications Reform | 3235-AI11 |
| DIVISION OF CORPORATION FINANCE—Final Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4449 | Addressing Abuses of Form S-8 by Companies Using Consultants To Raise Capital | 3235-AG94 |
| 4450 | Revisions to Rules Governing Options Disclosure Document | 3235-AH31 |
| DIVISION OF CORPORATION FINANCE—Completed Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4451 | Integration of Abandoned Offerings | 3235-AG83 |
| 4452 | Delivery of Proxy Statements and Information Statements to Households | 3235-AH66 |
| DIVISION OF INVESTMENT MANAGEMENT—Proposed Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4453 | Books and Records To Be Maintained by Investment Advisers | 3235-AH24 |
| 4454 | Custody or Possession of Funds or Securities of Clients | 3235-AH26 |
| 4455 | Principal Transactions With Investment Advisory Clients | 3235-AH34 |
| 4456 | Exemption for Investment Advisors Operating Through the Internet | 3235-AI15 |
| 4457 | Certain Thrift Institutions Deemed Not To Be Investment Advisers | 3235-AI16 |
| 4458 | Shareholder Report and Financial Statement Revisions | 3235-AG64 |
| 4459 | Proposed Amendments in Investment Company Advertising Rules | 3235-AH19 |
| 4460 | Deposits of Securities in Securities Depositories | 3235-AG71 |
| 4461 | Affiliate Transaction Rule Amendments | 3235-AH80 |
| 4462 | Mergers of Certain Affiliated Investment Companies | 3235-AH81 |
| 4463 | Electronic Recordkeeping by Investment Companies and Investment Advisers | 3235-AI05 |
| 4464 | Amendments to Form N-SAR, Semiannual Report of Registered Investment Companies | 3235-AF93 |
| 4465 | Amendments to the Cash Solicitation Rule | 3235-AH33 |
| 4466 | Rulemaking for EDGAR System | 3235-AI18 |
| 4467 | PUHCA: Exemption for Certain Acquisitions of Foreign Utility Companies; Subsidiaries Authorized To Perform Services or Construction or To Sell Goods | 3235-AF78 |
| 4468 | Electronic Recordkeeping By Public Utility Holding Companies | 3235-AI12 |
| DIVISION OF INVESTMENT MANAGEMENT—Final Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4469 | Political Contributions by Certain Investment Advisers | 3235-AH72 |
| 4470 | Certain Broker-Dealers Not Deemed To Be Investment Advisers | 3235-AH78 |
| 4471 | Amendments to Form ADV | 3235-AI17 |
| 4472 | Treatment of Repurchase Agreements and Refunded Securities as an Acquisition of the Underlying Securities | 3235-AH56 |
| 4473 | Exemption for the Acquisition of Securities During the Existence of an Underwriting or Selling Syndicate | 3235-AH57 |
| 4474 | Insurance Products: New Form N-6 for Registration of Separate Accounts Offering Variable Life Insurance Contracts | 3235-AG37 |
| DIVISION OF INVESTMENT MANAGEMENT—Long-Term Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4475 | Electronic Recordkeeping Rules | 3235-AI14 |
| 4476 | Exemption for Subsidiaries Organized To Finance Operations of Domestic or Foreign Companies; Certain Prima Facie Investment Companies | 3235-AE95 |
| 4477 | Exemption From Section 101(c)(1) of the Electronic Signatures in Global and National Commerce Act for Registered Investment Companies | 3235-AH93 |
| 4478 | Insurance Products: Equity Index Insurance Products Concept Release | 3235-AH23 |
| DIVISION OF INVESTMENT MANAGEMENT—Completed Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4479 | Role of Independent Directors of Investment Companies | 3235-AH75 |
| 4480 | Electronic Filing by Investment Advisers; Amendments to Form ADV; Technical Amendments | 3235-AI04 |
| 4481 | Investment Company Names | 3235-AH11 |
| 4482 | Mutual Fund Fee Disclosure | 3235-AI00 |
| 4483 | Mutual Fund After-Tax Returns | 3235-AH77 |
| 4484 | Status of Subsidiary Companies Formed To Hold Interests in Foreign Utility Companies | 3235-AF79 |
| DIVISION OF MARKET REGULATION—Prerule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4485 | Amendments to the Penny Stock Rules in Light of the Electronic Signatures in Global and National Commerce Act | 3235-AI02 |
| 4486 | Amendments to Rule 15b9-1—Exemption for Certain Exchange Members | 3235-AI03 |
| DIVISION OF MARKET REGULATION—Proposed Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4487 | Net Capital Rule: Customer Protection Rule | 3235-AH05 |
| 4488 | Risk Assessment Recordkeeping and Reporting Requirement | 3235-AH06 |
| 4489 | Exemption of Certain Foreign Brokers and Dealers | 3235-AH17 |
| 4490 | Untimely Announcement of Record Dates | 3235-AH38 |
| 4491 | Proposed Rule Changes of "Self-Regulatory Organizations" | 3235-AI06 |
| 4492 | Methods of Determining Market Capitalization and Dollar Value of Average Daily Trading Volume; Application of the Definition of Narrow Based Security Index | 3235-AI13 |
| 4493 | Purchases of Certain Equity Securities by the Issuers and Others | 3235-AH37 |
| 4494 | Exemption From Exchange Act Section 11(d)(1) for Securities of Foreign Issuers Sold on an Installment Basis | 3235-AH58 |
| 4495 | Net Capital Rule Concept Release | 3235-AH29 |
| 4496 | Concept Release: Short Sales | 3235-AH84 |
| DIVISION OF MARKET REGULATION—Final Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4497 | Net Capital Requirements for Brokers or Dealers | 3235-AD79 |
| 4498 | Market Risk Haircuts for Instruments Subject to Interest Rate Risk | 3235-AG18 |
| 4499 | Amendments to Rules 17a-3 and 17a-4 Under the Securities Exchange Act of 1934 | 3235-AH04 |
| 4500 | Proposed Amendments to Transfer Agent Rules | 3235-AG24 |
| 4501 | Electronic Submission of Securities Transaction Information by Exchange Members, Brokers, and Dealers | 3235-AH69 |
| 4502 | Exemption of the Securities of the Republic of Portugal Under the Securities Exchange Act of 1934 for Purposes of Trading Futures Contracts on Those Securities | 3235-AH76 |
| 4503 | Tender and Reorganization Agents | 3235-AH53 |
| 4504 | Net Capital Requirements for Brokers or Dealers—Definition of the Term Nationally Recognized Statistical Rating Organization | 3235-AH28 |
| 4505 | Publication or Submission of Quotations Without Specified Information | 3235-AH40 |
| 4506 | Destruction of Cancelled Securities Certificates | 3235-AH54 |
| 4507 | Recordkeeping Requirements for Transfer Agents | 3235-AH74 |
| DIVISION OF MARKET REGULATION—Long-Term Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4508 | Large Trader Reporting System | 3235-AE42 |
| 4509 | Definition of Terms in Sections 3(a)(4) and 3(a)(5) of the Securities and Exchange Act of 1934 | 3235-AI19 |
| DIVISION OF MARKET REGULATION—Completed Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4510 | Amendment to Rule 11Ac1-1 | 3235-AH00 |
| 4511 | Amendments to National Market System Plan | 3235-AH92 |
| 4512 | Disclosure of Order Routing and Execution Practices | 3235-AH95 |
| 4513 | The Firm Quote and Trade-Through Disclosure Rules for Options | 3235-AH96 |
| 4514 | Amendments to Rule 9b-1 Under the Securities Exchange Act of 1934 ("Exchange Act") Relating to the Options Disclosure Document | 3235-AH30 |
| OFFICES AND OTHER PROGRAMS—Proposed Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4515 | International Accounting Standards | 3235-AH65 |
| 4516 | Management Reports on Internal Controls | 3235-AH97 |
| 4517 | Proposal to Amendment Disclosure Requirements Related to Derivative Financial Instruments and Derivative Commodity Instruments | 3235-AH98 |
| OFFICES AND OTHER PROGRAMS—Final Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4518 | Supplemental Financial Information | 3235-AH86 |
| OFFICES AND OTHER PROGRAMS—Completed Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4519 | Auditor Independence | 3235-AH91 |
| 4520 | Adjustments to Civil Monetary Penalties | 3235-AI07 |
4439. ¤ INDUSTRY GUIDE 3-STATISTICAL DISCLOSURE BY BANK HOLDING COMPANIES
Agency:
Securities and Exchange Commission (SEC)/Division of Corporation Finance
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
5 USC 77a et seq; 5 USC 78a et seq
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 229; 17 CFR 231; 17 CFR 241
Legal Deadline:
None
Abstract:
The Division is considering recommending that the Commission propose amendments to Securities Act Industry Guide 3 and Exchange Act Industry Guide 3, Statistical Disclosure by Banking Holding Companies, to update it and apply it more broadly to registrants engaging in lending, investing, or deposit-taking activities, rather than just to banks and bank holding companies. The revisions also would likely take into account changes in financial reporting rules and the increasingly diverse lending and investing activities that expose registrants to credit risk.
| Action | Date | FR Cite |
| NPRM | 06/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
None
Agency Contact:
Carol Stacey, Securities and Exchange Commission, Division of Corporation Finance
Phone: 202 942-2960
RIN:
3235-AI10
4440. ASSET-BACKED SECURITIES DISCLOSURE
Agency:
Securities and Exchange Commission (SEC)/Division of Corporation Finance
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 77e; 15 USC 78o; 15 USC 78w; 15 USC 77f; 15 USC 77g; 15 USC 77h; 15 USC 77j; 15 USC 77s; 15 USC 78l; 15 USC 78m; 15 USC 78n
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 229; 17 CFR 230; 17 CFR 239; 17 CFR 240; 17 CFR 249
Legal Deadline:
None
Abstract:
The Division of Corporation Finance is considering whether to recommend to the Commission amendments to revise rules and forms, which would specify disclosure requirements for asset-backed securities transactions.
| Action | Date | FR Cite |
| NPRM | 12/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Agency Contact:
Christine Bianchine, Division of Corporation Finance, Securities and Exchange Commission
Phone: 202 942-2910
RIN:
3235-AF74
Agency:
Securities and Exchange Commission (SEC)/Division of Corporation Finance
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 77a et seq
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 230.144
Legal Deadline:
None
Abstract:
The Commission proposed revisions to Rule 144, Rule 145, and Form 144 to make the rules and form easier to understand and apply. The Division is considering recommending that the Commission repropose amendments that would, among other things, add a bright line test to the Rule 144 definition of affiliate, increase the Form 144 filing thresholds, and codify certain interpretive positions.
| Action | Date | FR Cite |
| NPRM | 02/20/97 | 62 FR 9246 |
| NPRM Comment Period End | 04/29/97 | |
| Second NPRM | 09/00/01 |
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
Agency Contact:
Raymond A. Be, Division of Corporation Finance, Securities and Exchange Commission
Phone: 202 942-2910
RIN:
3235-AH13
4442. DISCLOSURE OF EQUITY COMPENSATION PLAN INFORMATION
Agency:
Securities and Exchange Commission (SEC)/Division of Corporation Finance
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 77a et seq; 15 USC 78a et seq; 15 USC 80a-1 et seq
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 240.14a-101; 17 CFR 229.202; 17 CFR 228.202
Legal Deadline:
None
Abstract:
The Commission has proposed amendments to Regulations S-K and S-B, Regulations 14A and 14C, and Forms 10K and 10KSB that will require annual disclosure of the total number of securities authorized for issuance under a registrant's employee stock plans, whether or not approved by shareholders, and certain related information.
| Action | Date | FR Cite |
| NPRM | 02/01/01 | 66 FR 8732 |
| NPRM Comment Period End | 04/02/01 | |
| Final Action | 07/00/01 |
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
Agency Contact:
Raymond A. Be, Office of Rulemaking, Division of Corporation Finance, Securities and Exchange Commission
Phone: 202 942-2910
RIN:
3235-AI01
4443. REVISION OF MULTIJURISDICTIONAL DISCLOSURE SYSTEM
Agency:
Securities and Exchange Commission (SEC)/Division of Corporation Finance
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 77a et seq; 15 USC 78a et seq; 15 USC 78aaa et seq
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 230; 17 CFR 239; 17 CFR 240
Legal Deadline:
None
Abstract:
The Division is considering recommending that the Commission propose revisions to the Multijurisidictional Disclosure System for Canadian registrants that would integrate them into the Commission's foreign issuer disclosure system in a manner more consistent with all other foreign registrants. The proposals would limit the scope of the MJDS, including the number of companies eligible to use the system and the circumstances under which they may use it, while preserving MJDS filer's ability to make offerings in the United States using Canadian offering documents and without review by Commission staff.
| Action | Date | FR Cite |
| NPRM | 06/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Small Entities Affected:
Businesses
Government Levels Affected:
Undetermined
Agency Contact:
Mary Cascio, Office of International Corporate Finance, Division of Corporation Finance, Securities and Exchange Commission, 450 5th Street NW, Washington, DC 20549
Phone: 202 942-2990
Fax: 202 942-9624
RIN:
3235-AH99
4444. ¤ MANDATED EDGAR FILING FOR FOREIGN ISSUERS
Agency:
Securities and Exchange Commission (SEC)/Division of Corporation Finance
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 77a et seq; 15 USC 78a et seq
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 232
Legal Deadline:
None
Abstract:
The Division is considering recommending that the Commission propose amendments that would require foreign issuers to file electronically on EDGAR their Securities Act and Exchange Act registration statements and their Exchange Act reports and other documents. Thus far, foreign issuers have only voluntarily filed their securities documents on EDGAR. By extending mandated EDGAR filing rules to foreign issuers, we hope to achieve the same efficiencies in information dissemination sought when we adopted the mandated EDGAR filing regime for domestic issuers in 1993.
| Action | Date | FR Cite |
| NPRM | 06/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
None
Agency Contact:
Elliot Staffin, Securities and Exchange Commission, Division of Corporation Finance
Phone: 202 942-2990
RIN:
3235-AI08
4445. UPDATING THE REGULATION A OFFERING CIRCULAR
Agency:
Securities and Exchange Commission (SEC)/Division of Corporation Finance
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 77a et seq
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 239.0
Legal Deadline:
None
Abstract:
The Division is considering recommending that the Commission propose amendments to the Model A offering circular in the Regulation A offering statement to conform it to a State registration statement format.
| Action | Date | FR Cite |
| NPRM | 09/00/01 |
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
Agency Contact:
Richard K. Wulff, Division of Corporation Finance, Securities and Exchange Commission
Phone: 202 942-2950
Fax: 202 942-9516
RIN:
3235-AH87
4446. FINANCIAL REPORTING AND BLANK CHECK COMPANIES
Agency:
Securities and Exchange Commission (SEC)/Division of Corporation Finance
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 78a et seq
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 249.308
Legal Deadline:
None
Abstract:
The Division is considering recommending that the Commission propose amendments to Form 8-K that would remove the grace period for filing financial statements in a blank check company merger.
| Action | Date | FR Cite |
| NPRM | 09/00/01 |
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
Agency Contact:
Richard K. Wulff, Division of Corporation Finance, Securities and Exchange Commission
Phone: 202 942-2950
Fax: 202 942-9516
RIN:
3235-AH88
Agency:
Securities and Exchange Commission (SEC)/Division of Corporation Finance
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 77a et seq; 15 USC 78a et seq
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 230; 17 CFR 240
Legal Deadline:
None
Abstract:
The Division is considering recommending that the Commission propose a new rule under the Securities Act to clarify how to register securities that acquiring companies issue to certain target security holders who enter into lock-up agreements in connection with acquisition transactions. We also would propose corresponding exemptions from certain Exchange Act rules to allow for the execution of lock-up agreements without violation of the applicable rules.
| Action | Date | FR Cite |
| NPRM | 06/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
None
Agency Contact:
Pamela Carmody, Securities and Exchange Commission, Division of Corporation Finance
Phone: 202 942-2920
RIN:
3235-AI09
4448. ¤ SECURITIES ACT COMMUNICATIONS REFORM
Agency:
Securities and Exchange Commission (SEC)/Division of Corporation Finance
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
5 USC 77a et seq
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
Not Yet Determined
Legal Deadline:
None
Abstract:
The Division is considering recommending that the Commission propose modifications to the Securities Act restrictions on communications by issuers and underwriters around the time of a registered offering. The Division is focusing on the section 5 restrictions on pre-filing offers and free writing and the Securities Act rules that permit limited types of communication during those periods. In addition, the Division is examining the requirements for delivery of final prospectuses.
| Action | Date | FR Cite |
| NPRM | 09/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
None
Agency Contact:
Anita Klien, Securities and Exchange Commission, Division of Corporation Finance
Phone: 202 942-2980
RIN:
3235-AI11
4449. ADDRESSING ABUSES OF FORM S-8 BY COMPANIES USING CONSULTANTS TO RAISE CAPITAL
Agency:
Securities and Exchange Commission (SEC)/Division of Corporation Finance
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 77f; 15 USC 78w; 15 USC 77g; 15 USC 77h; 15 USC 77j; 15 USC 77s; 15 USC 78l; 15 USC 78m; 15 USC 78n; 15 USC 78o
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 239.16b; 17 CFR 228.402; 17 CFR 229.402; 17 CFR 230.101; 17 CFR 230.405; 17 CFR 239.13
Legal Deadline:
None
Abstract:
The Commission proposed additional amendments to Form S-8 requirements to further deter the misuse of that form. The proposals would add a timeliness requirement for filings under the Exchange Act in order to use the form. In addition, a company formed by merger of a non-public company into an Exchange Act reporting company with only nominal assets at the time of merger would have to wait until it had filed an Exchange Act annual report containing audited financial statements reflecting the merger before it could use Form S-8. The Commission also extended the comment period on the proposal in Release No. 33-7506 to require disclosure in Part II of Form S-8 of the names of consultants who will receive securities, the number of securities to be issued to each of them, and the specific services that each will provide.
| Action | Date | FR Cite |
| NPRM | 02/25/98 | 63 FR 9648 |
| NPRM Comment Period End | 04/27/98 | |
| Final Rule | 03/08/99 | 64 FR 11103 |
| Second NPRM | 03/08/99 | 64 FR 11118 |
| Final Rule Effective | 04/07/99 | |
| Second NPRM Comment Period End | 05/07/99 | |
| Final Action | 03/00/02 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
None
Agency Contact:
Anne M. Krauskopf, Division of Corporation Finance, Securities and Exchange Commission
Phone: 202 942-2900
RIN:
3235-AG94
4450. REVISIONS TO RULES GOVERNING OPTIONS DISCLOSURE DOCUMENT
Agency:
Securities and Exchange Commission (SEC)/Division of Corporation Finance
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 77a et seq
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 230.135b
Legal Deadline:
None
Abstract:
The Commission proposed amendments to provide that an options disclosure document prepared in accordance with Rule 9b-1 under the Exchange Act is not a prospectus and accordingly will not be subject to civil liability under section 12(a)(2) of the Securities Act.
| Action | Date | FR Cite |
| NPRM | 07/01/98 | 63 FR 36136 |
| NPRM Comment Period End | 07/31/98 | |
| Final Action | 03/00/02 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Agency Contact:
Raymond A. Be, Division of Corporation Finance, Securities and Exchange Commission
Phone: 202 942-2910
RIN:
3235-AH31
4451. INTEGRATION OF ABANDONED OFFERINGS
Agency:
Securities and Exchange Commission (SEC)/Division of Corporation Finance
Priority:
Substantive, Nonsignificant
Legal Authority:
15 USC 77a et seq; 15 USC 78a et seq
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 230; 17 CFR 239; 17 CFR 240; 17 CFR 249
Legal Deadline:
None
Abstract:
The Commission adopted new Rule 155 under the Securities Act to provide safe harbors for a registered offering following an abandoned private offering, or a private offering following an abandoned registered offering, without integrating the registered and private offerings in either case. This new rule is intended to enhance an issuer's ability to switch with a private offering to registered offering, or vice versa, in response to changing market conditions. To facilitate reliance on the public-to-private safe harbor, the Commission amended Securities Act Rule 477 to provide automatic effectiveness for any application to withdraw an entire registration statement before it becomes effective unless the Commission objects within 15 days after the issuer files that application. The Commission also amended Rules 429 and 457 to move provisions addressing the offset of filing fees to Rule 457. We also amended Rule 457 to permit filing fees to be offset from withdrawn registration statements and to provide other technical changes to calculation of filing fees. These amendments, along with new Rule 155, are intended to reduce the financial risk of a registered offering that is withdrawn.
| Action | Date | FR Cite |
| Notice With Request for Comments | 07/31/96 | 61 FR 40044 |
| Notice Comment Period End | 09/30/96 | |
| NPRM | 12/04/98 | 63 FR 67174 |
| NPRM Comment Period Extended | 03/30/99 | 64 FR 15143 |
| NPRM Comment Period End | 04/05/99 | |
| NPRM Comment Period Extended | 06/30/99 | |
| Final Action | 02/05/01 | 66 FR 8887 |
| Final Action Effective | 03/07/01 |
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
Agency Contact:
Anne Krauskopf, Division of Corporation Finance, Securities and Exchange Commission
Phone: 202 942-2900
RIN:
3235-AG83
4452. DELIVERY OF PROXY STATEMENTS AND INFORMATION STATEMENTS TO HOUSEHOLDS
Agency:
Securities and Exchange Commission (SEC)/Division of Corporation Finance
Priority:
Substantive, Nonsignificant
Legal Authority:
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 240.14a-3; 17 CFR 240.14c-3
Legal Deadline:
None
Abstract:
The Commission adopted revisions to the proxy rules to permit companies, brokers, banks, and similar intermediaries to deliver a single copy of proxy or information statements to more than one investor if they share the same address.
| Action | Date | FR Cite |
| NPRM | 11/16/99 | 64 FR 62548 |
| NPRM Comment Period End | 01/18/00 | |
| Final Action | 11/02/00 | 65 FR 65736 |
| Final Action Effective | 12/04/00 |
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
Agency Contact:
Elizabeth M. Murphy, Division of Corporation Finance, Securities and Exchange Commission
Phone: 202 942-2910
RIN:
3235-AH66
4453. BOOKS AND RECORDS TO BE MAINTAINED BY INVESTMENT ADVISERS
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 80b-4; 15 USC 80b-6(4); 15 USC 80b-11(a)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 275.204-2
Legal Deadline:
None
Abstract:
The Division of Investment Management is considering recommending that the Commission update the books and records requirements for investment advisers.
| Action | Date | FR Cite |
| NPRM | 06/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Federalism:
Undetermined
Agency Contact:
Don L. Evans, Office of Investment Adviser Regulation, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0716
RIN:
3235-AH24
4454. CUSTODY OR POSSESSION OF FUNDS OR SECURITIES OF CLIENTS
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 80b-6; 15 USC 80b-4; 15 USC 80b-11
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 275.206(4)-2
Legal Deadline:
None
Abstract:
The Division of Investment Management is considering recommending a proposal to the Commission to revise the custody rule under the Investment Advisers Act of 1940.
| Action | Date | FR Cite |
| NPRM | 12/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Federalism:
Undetermined
Agency Contact:
Jennifer Sawin, Office of Investment Adviser Regulation, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0716
RIN:
3235-AH26
4455. PRINCIPAL TRANSACTIONS WITH INVESTMENT ADVISORY CLIENTS
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 80b-6a
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 275
Legal Deadline:
None
Abstract:
The staff of the Division of Investment Management is considering recommending that the Commission revise the conditions under which investment advisers may enter into principal transactions with their clients.
| Action | Date | FR Cite |
| NPRM | 05/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Federalism:
Undetermined
Agency Contact:
Karen Goldstein, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0716
RIN:
3235-AH34
4456. ¤ EXEMPTION FOR INVESTMENT ADVISORS OPERATING THROUGH THE INTERNET
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 80b-3a(c)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 275.203A-2
Legal Deadline:
None
Abstract:
The staff of the Division of Investment Management is considering recommending a proposal to the Commission to permit certain investment advisers operating through the internet to register with the Commission.
| Action | Date | FR Cite |
| NPRM | 06/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Small Entities Affected:
Businesses
Government Levels Affected:
Undetermined
Agency Contact:
Jennifer Sawin, Office of Investment Adviser Regulation, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0716
RIN:
3235-AI15
4457. ¤ CERTAIN THRIFT INSTITUTIONS DEEMED NOT TO BE INVESTMENT ADVISERS
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 80b-2(a)(11)(F)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 275
Legal Deadline:
None
Abstract:
The staff of the Division of Investment Management is considering recommending a proposal to the Commission to except from the definition of investment adviser thrift institutions providing investment advice to certain clients.
| Action | Date | FR Cite |
| NPRM | 04/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Agency Contact:
Jennifer L. Sawin, Office of Investment Adviser Regulation, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0716
RIN:
3235-AI16
4458. SHAREHOLDER REPORT AND FINANCIAL STATEMENT REVISIONS
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 77f; 15 USC 77j; 15 USC 80a-29
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 210; 17 CFR 270.30d-1
Legal Deadline:
None
Abstract:
The Division of Investment Management is considering whether to recommend that the Commission propose revisions to improve investment company shareholder reports, including enhancing disclosure of fee information and revising the portfolio holdings disclosure requirements.
| Action | Date | FR Cite |
| NPRM | 06/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Agency Contact:
Peter Hong, Office of Disclosure Regulation, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0721
RIN:
3235-AG64
4459. PROPOSED AMENDMENTS IN INVESTMENT COMPANY ADVERTISING RULES
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 77e; 15 USC 77h; 15 USC 77j; 15 USC 77s(a); 15 USC 80a-8; 15 USC 80a-22; 15 USC 80a-24(g); 15 USC 80a-29; 15 USC 80a-37; 15 USC 77g
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 230.482; 17 CFR 230.134
Legal Deadline:
None
Abstract:
The Division of Investment Management is considering whether to recommend that the Commission propose to amend Rule 482, to permit advertisements that are not subject to restrictions limiting the content to information "the substance of which" is in a fund's prospectus. The Division is also considering whether to recommend that the Commission propose to amend Rule 134 to rescind provisions of Rule 134 that apply only to investment companies.
| Action | Date | FR Cite |
| NPRM | 06/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Agency Contact:
Kimberly Browning, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0721
RIN:
3235-AH19
4460. DEPOSITS OF SECURITIES IN SECURITIES DEPOSITORIES
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 80a-17(f); 15 USC 80a-06(c); 15 USC 80a-37(a)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 270.17f-4
Legal Deadline:
None
Abstract:
The staff of the Division of Investment Management is considering whether to recommend that the Commission propose amendments to Rule 17f-4, which governs the use of securities depositories for custody of the assets of management investment companies. The amendments would, among other things, update and simplify the rule's compliance requirements to reflect changes in commercial law, expand the types of entities that may be used as securities depositories, and permit investment company officers to authorize depository arrangements.
| Action | Date | FR Cite |
| NPRM | 05/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Agency Contact:
Jaea F. Hahn, Office of Regulatory Policy, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0690
RIN:
3235-AG71
4461. AFFILIATE TRANSACTION RULE AMENDMENTS
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 80a-6(c); 15 USC 80a-10(f)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
Not Yet Determined
Legal Deadline:
None
Abstract:
The Division of Investment Management is considering recommending to the Commission amendments to rules to expand the circumstances in which funds may engage in transactions with affiliates and to allow certain types of funds or their investment advisers to enter into subadvisory agreements for investment management services without obtaining shareholder approval.
| Action | Date | FR Cite |
| NPRM | 09/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Agency Contact:
Adam B. Glazer, Office of Regulatory Policy, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0690
RIN:
3235-AH80
4462. MERGERS OF CERTAIN AFFILIATED INVESTMENT COMPANIES
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 80a-17(a); 15 USC 80a-6(c); 15 USC 80a-37(a)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 270.17a-8
Legal Deadline:
None
Abstract:
The Division of Investment Management is considering recommending to the Commission that it amend Rule 17a-8 under the Investment Company Act, which exempts from the prohibitions of section 17(a) mergers and other combinations of certain affiliated investment companies. The amendments would expand the rule to make it available in a broader range of circumstances and would alter the conditions required for reliance on the rule.
| Action | Date | FR Cite |
| NPRM | 04/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Agency Contact:
Hester M. Peirce, Office of Regulatory Policy, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0690
RIN:
3235-AH81
4463. ¤ ELECTRONIC RECORDKEEPING BY INVESTMENT COMPANIES AND INVESTMENT ADVISERS
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 80a-30, 80a-37(a), 80b-4, 80b-6(4)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 270.31a2; 17 CFR 275.204-2
Legal Deadline:
Other, Statutory, March 1, 2001, Under the Electronic Signatures in Global and National Commerce Act of 2000, an agency can announce, propose or initiate rulemaking with respect to its recordkeeping provisions by March 1, 2001.
Abstract:
The Commission announced on March 1, 2001, that the staff of the Division of Investment Management is considering proposals to its recordkeeping rules for investment companies and investment advisers. Subsequently, the Commission has proposed that Rule 31a-2 under the Investment Company Act of 1940 and Rule 204-2 under the Investment Advisers Act of 1940 be amended to permit registered investment companies and registered investment advisers to maintain and preserve required records on electronic media regardless of whether they were originally created or received by the investment company or adviser in an electronic format. The Commission is proposing these rule amendments in response to the enactment of the Electronic Signatures in Global and National Commerce Act of 2000, which encourages Federal agencies to accommodate electronic recordkeeping.
| Action | Date | FR Cite |
| NPRM | 03/19/01 | 66 FR 15369 |
| NPRM Comment Period End | 04/19/01 | |
| Final Action | 06/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Agency Contact:
William Clark Middlebrooks, Attorney, Office of Regulatory Policy, Securities and Exchange Commission, Stop 0506, 450 5th Street NW, Washington, DC 20549
Phone: 202 942-0690
RIN:
3235-AI05
4464. AMENDMENTS TO FORM N-SAR, SEMIANNUAL REPORT OF REGISTERED INVESTMENT COMPANIES
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 78n; 15 USC 78o(d); 15 USC 78w(a); 15 USC 80a-8; 15 USC 80a-29; 15 USC 80a-37
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 249.330; 17 CFR 274.101
Legal Deadline:
None
Abstract:
The Division of Investment Management is considering whether to recommend that the Commission amend Form N-SAR, the semiannual report for registered investment companies, to update the items of the form.
| Action | Date | FR Cite |
| NPRM | 03/00/02 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Agency Contact:
Carolyn A. Miller, Office of Financial Analysis, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0510
RIN:
3235-AF93
4465. AMENDMENTS TO THE CASH SOLICITATION RULE
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 80b-4; 15 USC 80b-6; 15 USC 80-11(a)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 275.206(4)-3
Legal Deadline:
None
Abstract:
The staff of the Division of Investment Management is considering whether to recommend revisions to the cash solicitation rule.
| Action | Date | FR Cite |
| NPRM | 12/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Federalism:
Undetermined
Agency Contact:
Jennifer L. Sawin, Office of Investment Adviser Regulation, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0716
RIN:
3235-AH33
4466. ¤ RULEMAKING FOR EDGAR SYSTEM
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 77f; 15 USC 77g; 15 USC 77h; 15 USC 77j; 15 USC 77s(a); 15 USC 78c; 15 USC 781; 15 USC 78m; 15 USC 78n; 15 USC 78o(d); 15 USC 78w(a); 15 USC 78ll; 15 USC 77sss; 15 USC 79c; 15 USC 79e; 15 USC 79f; 15 USC 79g; 15 USC 79j; 15 USC 79l; 15 USC 79m; 15 USC 79n; 15 USC 79q; 15 USC 79t; 15 USC 80a-8; 15 USC 80a-29; 15 USC 80a-30; 15 USC 80a-37
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 232.101 to 601
Legal Deadline:
None
Abstract:
In connection with the ongoing modernization of the Electronic Data Gathering, Analysis, and Retrieval (EDGAR) system, the staff is considering recommending that the Commission propose amendments to existing rules and forms to make technical and clarifying corrections and to expand the categories of mandatory electronic filings to include investment company exemptive applications and certain other investment company filings.
| Action | Date | FR Cite |
| NPRM | 09/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
None
Agency Contact:
Shaswat K. Das, Senior Counsel, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0650
RIN:
3235-AI18
4467. PUHCA: EXEMPTION FOR CERTAIN ACQUISITIONS OF FOREIGN UTILITY COMPANIES; SUBSIDIARIES AUTHORIZED TO PERFORM SERVICES OR CONSTRUCTION OR TO SELL GOODS
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 79e; 15 USC 79f(b); 15 USC 79i(c)(3); 15 USC 79t; 15 USC 79z-5a; 15 USC 79z-5b; 15 USC 79; 15 USC 79j; 15 USC 79l; 15 USC 79m; 15 USC 79n; 15 USC 79o
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 250.55 (New); 17 CFR 250.87 (Revision); 17 CFR 259.5s (Revision); 17 CFR 259.207 (Revision)
Legal Deadline:
None
Abstract:
Proposed rule 55 is intended to provide a safe harbor for those acquisitions of one or more foreign utility companies by a registered holding company that meet specified criteria. Proposed rule 56, previously considered in RIN 3235-AF79, clarifies that a subsidiary of a registered holding company that is engaged exclusively in the business of owning an interest in one or more foreign utility companies will be deemed a foreign utility company. The proposed amendment to rule 87 would require registered holding companies to obtain Commission approval of intrasystem agreements involving foreign utility companies and exempt wholesale generators.
| Action | Date | FR Cite |
| NPRM | 03/08/93 | 58 FR 13719 |
| NPRM Comment Period End | 04/14/93 | |
| Second NPRM | 02/07/01 | 66 FR 9247 |
| Second NPRM Comment Period End | 04/09/01 | |
| Next Action | 03/00/02 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Additional Information:
Related to RIN 3235-AF79
Agency Contact:
Alberto Zapata, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0545
RIN:
3235-AF78
4468. ¤ ELECTRONIC RECORDKEEPING BY PUBLIC UTILITY HOLDING COMPANIES
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 257.1
Legal Deadline:
Other, Statutory, March 1, 2001, Under the Electronic Signatures in Global and National Commerce Act of 2000, an agency can announce, propose, or initiate rulemaking with respect to its recordkeeping provisions by March 1, 2001.
Abstract:
The Commission announced on March 1, 2001, that the staff of the Division of Investment Management is considering proposals to the Commission to revise and update the recordkeeping requirements for Public Utility Holding Companies to include the usage of electronic media. Subsequently, the Commission has proposed rule amendments that would expand the approved recordkeeping methods to allow the use of modern information technology.
| Action | Date | FR Cite |
| NPRM | 03/23/01 | 66 FR 16158 |
| NPRM Comment Period End | 04/23/01 | |
| Final Action | 06/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Agency Contact:
Victoria J. Adraktas, Office of Public Utility Regulation, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0545
RIN:
3235-AI12
4469. POLITICAL CONTRIBUTIONS BY CERTAIN INVESTMENT ADVISERS
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 206(4); 15 USC 211(a); 15 USC 204
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 275
Legal Deadline:
None
Abstract:
The Commission has proposed new Rule 206(4)-5, which would prohibit an investment adviser from providing advisory services for compensation to a Government client for 2 years after the adviser or any of its partners, executive officers, or solicitors makes a contribution to certain elected officials or candidates.
The Commission also has proposed rule amendments that would require a registered adviser that has Government clients to maintain certain records of the political contributions made by the adviser or any of its partners, executive officers, or solicitors.
| Action | Date | FR Cite |
| NPRM | 08/10/99 | 64 FR 43556 |
| NPRM Comment Period End | 11/01/99 | |
| Final Action | 08/00/01 |
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
Agency Contact:
Marilyn Barker, Office of Investment Adviser Regulation, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0716
RIN:
3235-AH72
4470. CERTAIN BROKER-DEALERS NOT DEEMED TO BE INVESTMENT ADVISERS
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 80b-2(a)(11)(F)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 275.202(a)(11)-1
Legal Deadline:
None
Abstract:
The Commission has proposed new Rule 202(a)(11)-1, which would exempt from the definition of investment adviser those broker-dealers offering nondiscretionary, full-service brokerage programs so long as the investment advice provided is solely incidental to the brokerage services and other conditions are satisfied.
| Action | Date | FR Cite |
| NPRM | 11/10/99 | 64 FR 61226 |
| NPRM Comment Period End | 01/14/00 | |
| Final Action | 08/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Federalism:
This action may have federalism implications as defined in EO 13132.
Agency Contact:
Jennifer L. Sawin, Office of Investment Adviser Regulation, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0716
RIN:
3235-AH78
4471. ¤ AMENDMENTS TO FORM ADV
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 80b-4, 80b-6(4), 80bll(a), 80b-3(c)(1); 15 USC 77s(a); 15 USC 78(a), 78bbb(e)(2); 15 USC 77sss(a); 15 USC 78(s)-37(a)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 275.204-2; 17 CFR 275.204-3; 17 CFR 275.206(4)-4; 17 CFR 279.1
Legal Deadline:
None
Abstract:
Last year, the Commission proposed amendments to Form ADV and related rules to create an electronic filing system for investment advisers and to improve the quality of information that advisers must provide to clients and prospective clients. The proposed amendments to Form ADV and the final amendments to Part 1 of Form ADV were published under RIN 3235-AD21. The Commission deferred adoption of the final amendments to Part 2 of Form ADV, however. Final action on amendments to Part 2 of the Form ADV (and related rules), if approved by the Commission, will be published under the new RIN.
| Action | Date | FR Cite |
| NPRM | 04/05/00 | 65 FR 20524 |
| NPRM Comment Period End | 06/13/00 | |
| Final Action | 05/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Federalism:
Undetermined
Agency Contact:
Marticha L. Cary, Office of Investment Adviser Regulation, Division of Investment Management, Securities and Exchange Commission, Room 5013, 450 5th Street NW, Washington, DC 20549
Phone: 202 942-0716
Email: carym@sec.gov
RIN:
3235-AI17
4472. TREATMENT OF REPURCHASE AGREEMENTS AND REFUNDED SECURITIES AS AN ACQUISITION OF THE UNDERLYING SECURITIES
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 80a-6(c); 15 USC 80a-37(a)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 270.2a-7; 17 CFR 270.12d3-1
Legal Deadline:
None
Abstract:
The Commission proposed a new Rule 5b-3 that would permit investment companies to "look through" specific repurchase agreements to the securities that collateralize them for the purposes of section 5(b)(1) and 12(d)(3) of the Investment Company Act and to "look through" specific pre-refunded bonds to escrowed securities for the purposes of section 5(b)(1) of the Act. The Commission also proposed conforming amendments to Rule 2a-7 and Rule 12d3-1.
| Action | Date | FR Cite |
| NPRM | 09/29/99 | 64 FR 52476 |
| NPRM Comment Period End | 11/23/99 | |
| Final Action | 04/00/01 |
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
Agency Contact:
Hugh P. Lutz, Office of Regulatory Policy, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0690
RIN:
3235-AH56
4473. EXEMPTION FOR THE ACQUISITION OF SECURITIES DURING THE EXISTENCE OF AN UNDERWRITING OR SELLING SYNDICATE
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 80a-10(f); 15 USC 80a-30(a); 15 USC 80a-37(a); 15 USC 80a-6(c)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 270.10f-3
Legal Deadline:
None
Abstract:
The Commission proposed amendments to Rule 10f-3 under the Investment Company Act (i) to permit investment companies to purchase Government securities during the existence of an underwriting or selling syndicate in which an affiliate is participating and (ii) for purposes of calculating the rule's percentage limit to require aggregation of the purchase made by an investment company in reliance on the rule with purchases by any other investment company advised by the investment company's investment adviser and any other account over which the adviser exercises control.
| Action | Date | FR Cite |
| NPRM | 12/06/00 | 65 FR 76189 |
| NPRM Comment Period End | 02/15/01 | |
| Final Action | 08/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Agency Contact:
Hester M. Peirce, Office of Regulatory Policy, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0690
RIN:
3235-AH57
4474. INSURANCE PRODUCTS: NEW FORM N-6 FOR REGISTRATION OF SEPARATE ACCOUNTS OFFERING VARIABLE LIFE INSURANCE CONTRACTS
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 77a et seq; 15 USC 80a-1 et seq; 15 USC 77g; 15 USC 77j; 15 USC 77s; 15 USC 80a-8; 15 USC 80a-29; 15 USC 80a-37
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
Not Yet Determined
Legal Deadline:
None
Abstract:
The Commission proposed a new Form N-6 to be used for separate accounts offering variable life insurance contracts to register under both the Investment Company Act and the Securities Act. Currently, most insurance company separate accounts are organized as unit investment trusts (UITs) and register their interests on Form S-6. Form S-6 was developed for UITs generally, and not specifically for insurance company separate accounts that offer interests in variable life insurance contracts.
| Action | Date | FR Cite |
| NPRM | 03/23/98 | 63 FR 13988 |
| NPRM Comment Period End | 07/01/98 | |
| Final Action | 05/00/01 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
Undetermined
Agency Contact:
William J. Kotapish, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0670
RIN:
3235-AG37
4475. ¤ ELECTRONIC RECORDKEEPING RULES
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 80a; 15 USC 80b; 15 USC 79; 15 USC 78a
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 270.31a-2; 17 CFR 275.204-2; 17 CFR 257.1; 17 CFR 240.17a-4; 17 CFR 240.17a-3; 17 CFR 240.17Aa-7
Legal Deadline:
Other, Statutory, March 1, 2001, Under the Electronic Signatures in Global and National Commerce Act of 2000, an agency can announce, propose, or initiate rulemaking with respect to its recordkeeping provisions by March 1, 2001.
Abstract:
Under the Federal securities laws, regulated entities, including registered broker-dealers, transfer agents, investment companies, and investment advisers, and public utility holding companies, must keep certain records of their activities. The Commission currently allows these entities to keep certain records electronically, subject to standards designed to protect investors' interests, the financial stability of regulated entities, and generally to further the purposes of the Federal securities laws. The Electronic Signatures in Global and National Commerce Act of 2000 ("ESign") is intended to remove unnecessary impediments to the use of electronic records in commerce, while preserving the ability of agencies like the Commission to reconcile ESign's policy with the statutes they administer. The Commission will act shortly to provide interpretive guidance and, where appropriate, propose or adopt rules consistent with ESign.
| Action | Date | FR Cite |
| ANPRM | 03/01/01 | |
| Next Action | To Be Determined |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
None
Additional Information:
This action has been jointly prepared by the staffs from the Divisions of Investment Management, and Market Regulation and Corporation Finance
Agency Contact:
Martha Bronaugh Peterson, Office of Regulatory Policy, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0690
Randall W. Roy, Division of Market Regulation, Securities and Exchange Commission
Phone: 202 942-0798
David Sieradzki, Division of Market Regulation, Securities and Exchange Commission
Phone: 202 942-0135
Email: sieradzkid@sec.gov
Mark Borges, Office of Rulemaking, Division of Corporation Finance, Securities and Exchange Commission
Phone: 202 942-2900
RIN:
3235-AI14
4476. EXEMPTION FOR SUBSIDIARIES ORGANIZED TO FINANCE OPERATIONS OF DOMESTIC OR FOREIGN COMPANIES; CERTAIN PRIMA FACIE INVESTMENT COMPANIES
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 80a-6(c); 15 USC 80a-37(a); 15 USC 77s; 15 USC 78w
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 270.3a-5; 17 CFR 270.3a-1; 17 CFR 230.489; 17 CFR 239.43
Legal Deadline:
None
Abstract:
The staff of the Division of Investment Management is considering whether to recommend that the Commission propose amendments to expand Rule 3a-5 to permit, among other things, finance subsidiaries of U.S. banks and insurance companies to rely on the rule. The staff also is considering whether to recommend that the Commission propose amendments to Rule 3a-1 to eliminate a requirement that has prevented certain holding companies of foreign banks and foreign insurance companies from relying on that rule.
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Agency Contact:
Jaea F. Hahn, Office of Regulatory Policy, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0690
RIN:
3235-AE95
4477. EXEMPTION FROM SECTION 101(C)(1) OF THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT FOR REGISTERED INVESTMENT COMPANIES
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant
Legal Authority:
15 USC 77s(a)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 230.160; 17 CFR 231; 17 CFR 271
Legal Deadline:
Other, Statutory, July 28, 2000, section 104(d)(2) of the Electronic Signatures Act in Global and National Commerce Act (PL 106-229).
Abstract:
The Commission adopted interim final rule 160 under the Securities Act of 1933 to exempt from the consumer consent requirements of the Electronic Signatures in Global and National Commerce Act prospectuses of registered investment companies that are used for the sole purpose of permitting supplemental sales literature to be provided to prospective investors. Parts 231 and 271 of title 17 were amended by adding Release Nos. 33-7877 and IC-24582 to the list of interpretative releases.
| Action | Date | FR Cite |
| Interim Final Rule | 08/02/00 | 65 FR 47281 |
| Interim Final Rule Comment Period End | 09/01/00 | |
| Interim Final Rule Effective | 10/01/00 | |
| Next Action | To Be Determined |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
Agency Contact:
Paul Cellupica, Office of Disclosure Regulation, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0721
RIN:
3235-AH93
4478. INSURANCE PRODUCTS: EQUITY INDEX INSURANCE PRODUCTS CONCEPT RELEASE
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority:
15 USC 77a et seq
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 230.151
Legal Deadline:
None
Abstract:
The Commission issued a release requesting public comment on the structure of equity index insurance products, the manner in which they are marketed, and any other matters the Commission should consider in addressing Federal securities law issues raised by equity index insurance products.
| Action | Date | FR Cite |
| ANPRM | 11/21/97 | 62 FR 45359 |
| ANPRM Comment Period End | 01/05/98 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Undetermined
Agency Contact:
William J. Kotapish, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0670
RIN:
3235-AH23
4479. ROLE OF INDEPENDENT DIRECTORS OF INVESTMENT COMPANIES
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant
Legal Authority:
15 USC 80a-6(c); 15 USC 80a-8; 15 USC 80a-24(a); 15 USC 80a-20(a); 15 USC 80a-29(e); 15 USC 80a-30; 15 USC 80a-37; 15 USC 78n; 15 USC 78w(a)(1); 15 USC 77e; 15 USC 77f; 15 USC 77g; 15 USC 77j; 15 USC 77(s)(a); ...
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 270.2a19-1; 17 CFR 270.2a19-3; 17 CFR 270.10f-3; 17 CFR 270.12b-1; 17 CFR 270.15a-4; 17 CFR 270.17a-7; 17 CFR 270.17d-1; 17 CFR 270.17e-1; 17 CFR 270.17g-1; 17 CFR 270.18f-3; 17 CFR 270.23c-3; 17 CFR 270.30d-1; 17 CFR 270.31a-2; 17 CFR 274.11A; 17 CFR 274.11a-1; 17 CFR 274.11b; 17 CFR 240.14a-101; 17 CFR 270.17a-8; ...
Legal Deadline:
None
Abstract:
The Commission adopted new rules and form amendments under the Investment Company Act to enhance the independence and effectiveness of investment company ("fund") boards of directors and to better enable shareholders to assess the independence of directors. The form amendments require funds to disclose in their proxy statements, annual reports, and registration statements more information regarding fund directors, including, among other things, directors' potential conflicts of interest.
| Action | Date | FR Cite |
| NPRM | 11/03/99 | 64 FR 59826 |
| NPRM Comment Period End | 01/28/00 | |
| Final Action | 01/02/01 | 66 FR 3734 |
| Final Action Effective | 02/15/01 | |
| Final Action Effective (Rescission of 270.2a19-1) | 05/12/01 |
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
Agency Contact:
Jaea F. Hahn, Office of Regulatory Policy, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0690
RIN:
3235-AH75
4480. ¤ ELECTRONIC FILING BY INVESTMENT ADVISERS; AMENDMENTS TO FORM ADV; TECHNICAL AMENDMENTS
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant
Legal Authority:
15 USC 80b-3(c)(1), 80b-11(a), 80b-4; 15 USC 77s(a); 15 USC 78w(a) and 78bb(e)(2); 15 USC 77sss(a); 15 USC 78a-37(a)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 275.203-1, 203-3, 204-1; 17 CFR 279.1, 279.2, 279.3, 279.4
Legal Deadline:
None
Abstract:
The Commission made technical revisions to forms and rules under the Investment Advisers Act of 1940, correcting amendments adopted in September 2000.
| Action | Date | FR Cite |
| Final Action | 12/21/00 | 65 FR 81737 |
| Final Action Effective | 01/01/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
Agency Contact:
Jennifer B. McHugh, Office of Investment Adviser Regulation, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0716
RIN:
3235-AI04
4481. INVESTMENT COMPANY NAMES
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant
Legal Authority:
PL 104-290, sec 208
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 270.35d-1 (New)
Legal Deadline:
None
Abstract:
The Commission adopted a rule that requires a registered investment company with a name that suggests certain investments to invest at least 80 percent of its assets in the types of investments suggested by its name.
| Action | Date | FR Cite |
| NPRM | 02/27/97 | 62 FR 10955 |
| NPRM Comment Period End | 06/09/97 | |
| Final Action | 02/01/01 | 66 FR 8509 |
| Final Action Effective | 03/31/01 |
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
Agency Contact:
Paul Cellupica, Office of Disclosure Regulation, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0721
RIN:
3235-AH11
4482. MUTUAL FUND FEE DISCLOSURE
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant
Legal Authority:
Not Yet Determined
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
Not Yet Determined
Legal Deadline:
None
Abstract:
The Commission is withdrawing this item from the Agenda because it will be considered in connection with RIN 3235-AG64
| Action | Date | FR Cite |
| Merged With RIN 3235-AG64 | 04/01/01 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Undetermined
Agency Contact:
Peter Hong, Office of Disclosure Regulation, Division of Investment Management, Securities and Exchange Commission
Phone: 202 942-0721
RIN:
3235-AI00
4483. MUTUAL FUND AFTER-TAX RETURNS
Agency:
Securities and Exchange Commission (SEC)/Division of Investment Management
Priority:
Substantive, Nonsignificant
Legal Authority:
15 USC 77e, 77f, 77g, 77j, 77s(a); 15 USC 80a-8, 80a-24(a), 80a-29, 80a-37; 15 USC 77e, 77j(b), and 77s(a)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
17 CFR 239.15A and 274.11A (Form N-1A); 17 CFR 230.482; 17 CFR 270.34b-1
Legal Deadline:
None
Abstract:
The Commission adopted form and rule amendments that require mutual funds to disclose after-tax returns based on standardized formulas comparable to the formulas currently used to calculate before-tax annual total returns. The amendments also require funds to include standardized after tax returns