The SEC published a small entity compliance guide that is intended to summarize and explain the disqualification of felons and other "bad actors" from Securities Act Regulation D Rule 506 ("Exemption for Limited Offers and Sales without Regard to Dollar Amount of Offering") offerings and related disclosure requirements. The compliance guide is divided into seven parts, including: Summary of Rule 506 Bad Actor Disqualification and Disclosure Requirements; Covered Persons; Disqualifying Events; Reasonable Care Exception; Waivers; Disclosure of Preexisting Disqualifying Events; and Transition
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The SEC released the revised Form D pursuant to the amendments to Securities Act Rule 506 ("Exemption for Limited Offers and Sales without Regard to Dollar Amount of Offering") . The new form requires the filing of a closing amendment to Form D after the termination of any offering. Additionally, the new form requires an issuer to include additional information about offerings conducted in reliance on Regulation D. See also: SEC Publishes Final Rule Amendments to Rule 506 and Rule 144A in Federal Register (July 24, 2013) The SEC Approves JOBS Act Rules (with Delta Strategy Group Meeting
The Asset Management Group "AMG" and SIFMA submitted a request to the CFTC regarding swap execution facility ("SEF") final rules and the made-available-to-trade ("MAT") process, most significantly asking for a delay in the date by which SEFs will have to register. The AMG and SIFMA made three primary requests to the CFTC. First, they requested that the CFTC provide an extension to the deadline for registration and compliance with the new SEF final rules which would delay the deadline until at least April 1, 2014. Secondly, they requested that the CFTC change the MAT process so that a cleared
The Managed Funds Association ("MFA") President and CEO, Richard Baker, issued a statement that "MFA is pleased" that hedge funds meeting the conditions of amended Regulation D can now engage in general advertising. See: MFA Statement; Press Release. See also: The SEC Approves JOBS Act Rules (with Delta Strategy Group Meeting Summary) (with Lofchie Comment) (July 10, 2013) Cadwalader C&F Memo: JOBS Act Rules on General Sales and General Advertising (with Lofchie Comment) (August 13, 2013) NASAA Issues a Statement on the JOBS Act and on the JOBS Act Rules (July 10, 2013).
FINRA issued a regulatory notice regarding the SEC's approval of amendments (to FINRA Rule 12403 of the Code of Arbitration Procedure for Customer Disputes to simplify the arbitration panel selection process in cases with three arbitrators), which will become effective September 30. See: FINRA Regulatory Notice 13-30. See also: SEC Approves FINRA Rule Change Amending Code of Arbitration Procedure (with Lofchie Comment) (September 19, 2013); FINRA-Proposed Rule Change to Amend Rule 12403 of the Code of Arbitration Procedure for Customer Disputes to Simplify Arbitrator Selection in Cases with