SEC/CORPORATE -
SEC Approves Temporary NYSE Waiver of Stockholder Approval Rules to Facilitate Capital Raising in the Wake of COVID-19 -
On April 6, the Securities and Exchange Commission issued a release (the Release)...more
SEC/CORPORATE -
SEC Further Extends Filing Deadlines for Companies Impacted by COVID-19 -
On March 25, the Securities and Exchange Commission issued an order extending conditional relief (the Modified Order) for...more
Key Points -
- This Katten Advisory focuses on the impact of the COVID-19 outbreak on regulatory compliance obligations of financial firms operating in the United States, with a focus on securities and derivatives industry...more
3/21/2020
/ Business Continuity Plans ,
Centers for Disease Control and Prevention (CDC) ,
CFTC ,
Coronavirus/COVID-19 ,
Enforcement ,
Enforcement Actions ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Services Industry ,
National Futures Association ,
Relief Measures ,
Securities and Exchange Commission (SEC) ,
World Health Organization
BROKER-DEALER -
FINRA Releases Targeted Examination Letter for No Commission Brokers -
On February 20, the Financial Industry Regulatory Authority (FINRA) released a targeted examination letter requesting that certain...more
3/2/2020
/ Bitcoin ,
CFTC ,
Derivatives ,
Derivatives Clearing Organizations ,
European Central Bank ,
Financial Conduct Authority (FCA) ,
Financial Industry Regulatory Authority (FINRA) ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Swap Data Repositories ,
UGMA ,
UK ,
UTMA
BROKER-DEALER -
SEC Proposes to Modernize Infrastructure for NMS Securities Market Data -
On February 14, the Securities and Exchange Commission proposed to modernize the infrastructure for the collection,...more
BROKER-DEALER -
FINRA Issues Investor Alert Regarding Required Minimum Distributions -
The Financial Industry Regulatory Authority (FINRA) issued an Investor Alert regarding a new law raising the age for required...more
2/18/2020
/ Broker-Dealer ,
CFTC ,
Cryptoassets ,
Digital Assets ,
EMIR ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Financial Industry Regulatory Authority (FINRA) ,
IOSCO ,
MiFIR ,
National Futures Association ,
Required Minimum Distributions ,
SECURE Act
SEC/CORPORATE -
SEC Proposes Amendments to Financial Disclosure in Regulation S-K and Issues New Guidance -
On January 30, the Securities and Exchange Commission voted to propose amendments to certain financial...more
2/11/2020
/ AML/CFT ,
Antitrust Provisions ,
Broker-Dealer ,
CFTC ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
European Securities and Markets Authority (ESMA) ,
Federal Trade Commission (FTC) ,
Financial Industry Regulatory Authority (FINRA) ,
Hart-Scott-Rodino Act ,
MD&A Statements ,
New Guidance ,
Performance Standards ,
Publicly-Traded Companies ,
Regulation S-K ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Threshold Requirements
SEC/CORPORATE -
SEC Approves Amended Rule Change to FINRA Rule 5110 -
On December 23, 2019, the Securities and Exchange Commission approved the Financial Industry Regulatory Authority’s (FINRA) proposed amendments to...more
1/20/2020
/ Amended Rules ,
Auditor Independence ,
Broker-Dealer ,
CFTC ,
Disclosure Requirements ,
EU ,
FDIC ,
Filing Requirements ,
Financial Conduct Authority (FCA) ,
Financial Industry Regulatory Authority (FINRA) ,
OCC ,
Securities and Exchange Commission (SEC)
KEY POINTS -
- Amendments to FINRA Rules 5130 and 5131, which govern the offer and sale of "New Issue" securities went into effect on January 1.
- FINRA Rule 5130 prohibits a broker-dealer from selling New Issues to...more
1/10/2020
/ Amended Rules ,
Broker-Dealer ,
Business Development Companies ,
Charitable Organizations ,
Employee Retirement Income Security Act (ERISA) ,
Financial Industry Regulatory Authority (FINRA) ,
Foreign Investment ,
Foreign Sovereigns ,
Initial Public Offering (IPO) ,
Investment Advisers Act of 1940 ,
Portfolio Managers ,
Regulation S ,
Retirement Plan ,
Securities and Exchange Commission (SEC)
BROKER-DEALER -
FINRA Expands Transparency Initiative Related to OTC Equity Trading Volume -
The Financial Industry Regulatory Authority (FINRA) previously announced an expansion to its ongoing transparency initiative...more
12/9/2019
/ Banking Sector ,
Broker-Dealer ,
CFTC ,
Cross-Border Transactions ,
Derivatives ,
European Securities and Markets Authority (ESMA) ,
Financial Industry Regulatory Authority (FINRA) ,
Investment Management ,
MiFID II ,
NFA ,
Securities and Exchange Commission (SEC)
SEC/CORPORATE -
SEC Proposes Modernization of Filing Fee Disclosure and Payment Methods -
On October 24, the Securities and Exchange Commission proposed amendments to update filing fee disclosure and payment methods....more
11/4/2019
/ AML/CFT ,
Broker-Dealer ,
CFTC ,
Derivatives ,
Disclosure Requirements ,
Financial Conduct Authority (FCA) ,
Financial Industry Regulatory Authority (FINRA) ,
Foreign Private Issuers ,
Proxy Voting Guidelines ,
Securities and Exchange Commission (SEC) ,
XBRL Filing Requirements
BROKER-DEALER -
SEC Proposes to Require Proposed NMS Plan Fee Amendments to Follow Public Notice, Comment and Approval Procedure -
On October 1, the Securities and Exchange Commission proposed an amendment to...more
10/14/2019
/ Banking Sector ,
Broker-Dealer ,
CFTC ,
Derivatives ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Instruments ,
Financial Markets ,
Form CRS ,
Inter-Bank Offered Rates (IBORs) ,
MiFID ,
National Futures Association ,
National Market System (NMS) ,
Regulation Best Interest ,
Securities and Exchange Commission (SEC)
SEC/CORPORATE -
New SEC Rule Expands “Test-the-Waters” to All Issuers -
On September 26, the Securities and Exchange Commission adopted a new rule to allow all issuers, not just emerging growth companies, to utilize...more
9/30/2019
/ Accredited Investors ,
Emerging Growth Companies ,
Financial Conduct Authority (FCA) ,
Financial Industry Regulatory Authority (FINRA) ,
Institutional Investors ,
Proposed Rules ,
Qualified Institutional Buyers ,
Regulation FD ,
Securities and Exchange Commission (SEC) ,
Testing-the-Waters Communications ,
UK Brexit
SEC/CORPORATE -
SEC Staff Announces Changes to Rule 14a-8 No-Action Request Process -
On September 6, the staff of the Division of Corporation Finance (the Staff) of the Securities and Exchange Commission announced...more
9/16/2019
/ Broker-Dealer ,
CFTC ,
Consolidated Audit Trail ,
Corporate Governance ,
EMIR ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Markets ,
No-Action Letters ,
No-Action Requests ,
Proposed Amendments ,
Regulation Best Interest ,
Rule 14a-8 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
BROKER-DEALER -
FINRA Warns Investors of Potential Stock Fraud in Wake of Hurricane Dorian -
The Financial Industry Regulatory Authority (FINRA) recently released an investor alert cautioning investors of potential...more
9/9/2019
/ Broker-Dealer ,
CFTC ,
Commodity Trading Advisors (CTAs) ,
Derivatives ,
Financial Conduct Authority (FCA) ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Markets ,
Fraud Alerts ,
ISDA ,
National Futures Association ,
Natural Disasters ,
Swap Dealers ,
UK
SEC/CORPORATE -
Federal Court Rules Investment Fund is 10 Percent Owner in Section 16 Case -
On August 20, a federal magistrate judge in the Eastern District of New York granted a motion for summary judgment in a...more
BROKER-DEALER -
FINRA Issues Regulatory Notice Reminding Members of SEC's Adoption of a Best Interest Standard of Conduct -
On August 7, the Financial Industry Regulatory Authority (FINRA) issued Regulatory Notice...more
8/12/2019
/ Best Interest Standard ,
Broker-Dealer ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
Investment Adviser ,
New Rules ,
Regulation Best Interest ,
Retail Investors ,
Securities and Exchange Commission (SEC) ,
Standard of Conduct ,
Suitability Rule
On July 8, the Division of Trading and Markets for the Securities and Exchange Commission (SEC) and the Office of General Counsel for the Financial Industry Regulatory Authority (FINRA) issued a joint statement (the...more
7/25/2019
/ Broker-Dealer ,
CFTC ,
Customer Protection Rule ,
Customer Service Standard ,
Digital Assets ,
Digital Securities ,
Financial Industry Regulatory Authority (FINRA) ,
Investor Protection ,
Joint Policy Statements ,
Joint Statements ,
Rule 15c3-3 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
SIPA
BROKER-DEALER -
FINRA Publishes Notice to Members Encouraging Continued Disclosure of Digital Assets Activities –
On July 18, the Financial Industry Regulatory Authority (FINRA) published Regulatory Notice 19-24...more
7/22/2019
/ Broker-Dealer ,
Cryptocurrency ,
Digital Assets ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Markets ,
New Guidance ,
Proposed Rules ,
Public Offerings ,
Reporting Requirements ,
Virtual Currency
On July 11, FINRA released Regulatory Notice 19-23 (the Notice),1 which provides welcome details on the ways that firms and individuals can receive credit for extraordinary cooperation in connection with an investigation in...more
BROKER-DEALER -
Division of Trading and Markets and FINRA Staffs Issue Joint Statement on Broker-Dealer Custody of Digital Asset Securities -
On July 8, in response to questions raised by market participants regarding...more
7/15/2019
/ AML/CFT ,
Books & Records ,
Broker-Dealer ,
CFTC ,
Cryptocurrency ,
Customer Protection Rule ,
Debt Securities ,
Derivatives ,
Digital Assets ,
FATF ,
Financial Conduct Authority (FCA) ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Markets ,
Securities and Exchange Commission (SEC) ,
Self-Reporting ,
Virtual Currency
SEC/CORPORATE -
SEC Adopts Additional Rules for Security-Based Swaps -
On June 21, the Securities and Exchange Commission adopted a panoply of final rules dealing with the following
aspects of the regulation of...more
7/1/2019
/ Broker-Dealer ,
CFTC ,
Cross-Border ,
European Securities and Markets Authority (ESMA) ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Instruments ,
Investment Adviser ,
MSBSPs ,
Securities and Exchange Commission (SEC) ,
Security-Based Swaps ,
Stand-Alone SBSDs ,
Swap Dealers ,
Swaps
BROKER-DEALER -
SEC Adopts Rules and Interpretations To Enhance Protections and Preserve Choice for Retail Investors -
On June 5, the Securities and Exchange Commission voted to adopt a package of rules and...more
6/10/2019
/ Best Interest Standard ,
Broker-Dealer ,
CFTC ,
Conflicts of Interest ,
Derivatives ,
Economic Growth Regulatory Relief and Consumer Protection Act ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Services Industry ,
Investment Adviser ,
ISDA ,
NASAA ,
New Rules ,
Retail Investors ,
Securities and Exchange Commission (SEC)
BROKER-DEALER -
FINRA Issues Regulatory Notice Reminding Member Firms about CAT Reporting Deadlines -
On May 21, the Financial Industry Regulatory Authority (FINRA) issued Regulatory Notice 19-19 (Notice), which reminds...more
5/28/2019
/ Broker-Dealer ,
CFTC ,
Cross-Border Transactions ,
Derivatives ,
Financial Conduct Authority (FCA) ,
Financial Industry Regulatory Authority (FINRA) ,
Investment Management ,
IOSCO ,
NFA ,
Proposed Amendments ,
Securities and Exchange Commission (SEC) ,
UK
SEC/CORPORATE -
SEC Proposes Amendments to Update the Accelerated and Large Accelerated Filer Definitions -
On May 9, the Securities and Exchange Commission proposed amendments to the accelerated filer and large...more
5/20/2019
/ Accelerated Filers ,
Broker-Dealer ,
CFTC ,
CRD IV Directive ,
CRR II ,
Financial Industry Regulatory Authority (FINRA) ,
ICFR ,
Internal Controls ,
Proposed Amendments ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Smaller Reporting Companies ,
Threshold Requirements