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Steven Lofchie Commentary by Steven Lofchie

SEC Director of Corporation Finance Keith Higgins identified rules that deserve reexamination and modernization. In a speech before the National Institute on Executive Compensation, Mr. Higgins highlighted requirements that were worthy of consideration. These include Item 10 ("Compensation Plans") of Schedule 14A ("Information Required in Proxy Statement"). He questioned whether the SEC rules needed to provide better guidance about the matters that companies should cover in their "brief" descriptions, and whether investors are getting the information they need to make informed voting decisions

The United States District Court for the Southern District of Florida issued a Consent Order against an asset management company and its owner. According to the Order, the company's owner directed employees to solicit retail customers by telephone in order to engage in leveraged, margined or financed precious metal transactions. During that period, the company's customers paid approximately $1.1 million to the company in connection with precious metal transactions, and the company received commissions and fees totaling no less than $278,767 in connection with the precious metal transactions

FINRA solicited comments on proposed FINRA Rule 3210 (Accounts at Other Broker-Dealers and Financial Institutions), as modified by Partial Amendment No. 1, in the Federal Register. Proposed Rule 3210 would replace current NASD Rule 3050 and specify the particular information that employees of a broker-dealer must provide to their employer regarding trades at an outside firm. Specifically, Partial Amendment No. 1 would: exclude from the reporting requirement unit investment trusts, municipal fund securities, qualified tuition programs pursuant to Section 529 ('Qualified Tuition Programs') of

CFTC Chair Timothy Massad outlined several initiatives the CFTC will complete before the end of the year. The initiatives included the following: issuing a request for comments on the reporting standards for a list of priority swap fields in order to improve data reporting, holding an open meeting on automated trading in order to consider a proposal to mitigate operational risks and minimize the potential for disruptions or other operational problems, considering a proposal on cybersecurity to make sure that major clearinghouses, exchanges and data repositories are doing adequate evaluations

FINRA announced SEC approval for, and provided firms with, information about the Securities Trader registration category and qualification examination ("Series 57"). It also provided information regarding the Securities Trader Principal registration category, the Series 57 examination fee and the implementation of new registration categories, as well as the Regulatory Element Continuing Education (CE) Program for Securities Traders. Candidates for the Series 57 examination will be able to schedule and take the examination beginning on January 4, 2016