SEC Comments


 

The Securities and Exchange Commission encourages the public to submit comments on proposed rules during the comment period. All comments are made available to the public and are posted on the SEC’s website.

Academics often submit individual comment letters on proposed rules. Comment letters from law and finance professors have been an important of the SEC comment process, and research by academics is often cited in final rules.

However, particularly given the large number of proposed rules from the SEC, professors often lack the resources or incentives to submit comments. One of the IILF’s goals is to facilitate and promote such comments from professors. 

With that goal in mind, we set forth below the most recent rule proposals, along with relevant links. One of the challenges for many proposals is the very large number of public comments. These comments are important, and we provide a link to all of the comments. We also provide a separate link to “Academic Letters,” to highlight them and make it easier for regulators, commentators, and the public to find letters from professors. Although we include the due date for comment letters, we note that the SEC staff often will include letters submitted after the due date.

2023

Electronic Submission of Certain Material Under the Securities Exchange Act of 1934 All comments

Form PF; Reporting Requirements for All Filers and Large Hedge Fund Advisers All comments

Prohibition Against Conflicts of Interest in Certain Securitizations (January 25, 2023) All comments Academic comments

Supplemental Standards of Ethical Conduct for Members and Employees of the Securities and Exchange Commission (January 30, 2023) All comments Academic comments

The Commission's Privacy Act Regulations (February 14, 2023) All comments

Safeguarding Advisory Client Assets (February 15, 2023) All comments Academic comments

Extending Form 144 EDGAR Filing Hours (February 21, 2023)

Regulation Systems Compliance and Integrity (March 15, 2023) All comments

Regulation S-P: Privacy of Consumer Financial Information and Safeguarding Customer Information (March 15, 2023) All comments

Freedom of Information Act Regulations (March 22, 2023)

Technical Amendments to Form BD and Form BDW (May 11, 2023)

Covered Clearing Agency Resilience and Recovery and Wind-Down Plans (May 17, 2023) All comments Academic comments

Daily Computation of Customer and Broker-Dealer Reserve Requirements under the Broker-Dealer Customer Protection Rule  (July 12, 2023) All comments

Conflicts of Interest Associated with the Use of Predictive Data Analytics by Broker-Dealers and Investment Advisers (July 26, 2023) All comments Academic comments

Exemption for Certain Exchange Members (July 26, 2023) All comments

Exemption for Certain Investment Advisers Operating Through the Internet (July 26, 2023) All comments

EDGAR Filer Access and Account Management (September 13, 2023) All comments

Registration for Index-Linked Annuities; Amendments to Form N-4 for Index-Linked and Variable Annuities (September 29, 2023) All comments

Volume-Based Exchange Transaction Pricing for NMS Stocks (October 18, 2023) All comments

2022

Insider Trading Arrangements and Related Disclosures (January 13, 2022) All comments Academic comments

Conformed: Form PF; Event Reporting for Large Hedge Fund Advisers and Private Equity Fund Advisers; Requirements for Large Private Equity Fund Adviser Reporting (January 26, 2022) All comments

Shortening the Securities Transaction Settlement Cycle (February 9, 2022) All comments Academic comments

Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure (February 9, 2022) All comments Academic comments

Private Fund Advisers; Documentation of Registered Investment Adviser Compliance Reviews (February 9, 2022) All comments Academic comments

Whistleblower Program Rules (February 10, 2022) All comments Academic comments

Modernization of Beneficial Ownership Reporting (February 10, 2022) All comments Academic comments

Short Position and Short Activity Reporting by Institutional Investment Managers and Rel. No. 34-94314 (February 25, 2022) All comments Academic comments

Reporting of Securities Loans (February 25, 2022) All comments Academic comments

Cybersecurity Risk Management Rule for Broker-Dealers, Clearing Agencies, Major Security-Based Swap Participants, the Municipal Securities Rulemaking Board, National Securities Associations, National Securities Exchanges, Security-Based Swap Data Repositories, Security-Based Swap Dealers, and Transfer Agents (March 9, 2022) All comments Academic comments

Further Definition of "As a Part of a Regular Business" in the Definition of Dealer and Government Securities Dealer (March 28, 2022) All comments

Technical Amendments to Commission Rules (March 29, 2022)

Technical Amendments to Commission Rules and Forms (March 29, 2022)

Special Purpose Acquisition Companies, Shell Companies, and Projections (March 30, 2022) All comments Academic comments

The Enhancement and Standardization of Climate-Related Disclosures for Investors (May 9, 2022 and March 21, 2022) All comments Academic comments

Supplemental Information and Reopening of Comment Period for Amendments to Exchange Act Rule 3b-16 Regarding the Definition of “Exchange” (May 9, 2022) All comments Academic comments

Removal of References to Credit Ratings From Regulation M (May 23, 2022) All comments Academic comments

Enhanced Disclosures by Certain Investment Advisers and Investment Companies About Environmental, Social, and Governance Investment Practices (May 25, 2022) All comments Academic comments

Investment Company Names (May 25, 2022) All comments Academic comments

Updating EDGAR Filing Requirements and Form 144 Filings (June 2, 2022) All comments

Substantial Implementation, Duplication, and Resubmission of Shareholder Proposals Under Exchange Act Rule 14a-8 (July 13, 2022) All comments

Clearing Agency Governance and Conflicts of Interest (August 8, 2022) All comments Academic comments

Pay Versus Performance (August 25, 2022) All comments Academic comments

Inflation Adjustments Under Titles I and III of the JOBS Act  (September 9, 2022)

Standards for Covered Clearing Agencies for U.S. Treasury Securities and Application of the Broker-Dealer Customer Protection Rule With Respect to U.S. Treasury Securities (September 14, 2022) All comments

Tailored Shareholder Reports for Mutual Funds and Exchange-Traded Funds; Fee Information in Investment Company Advertisements (October 26, 2022) All comments Academic comments

Outsourcing by Investment Advisers (October 26, 2022) All comments

Enhanced Reporting of Proxy Votes by Registered Management Investment Companies; Reporting of Executive Compensation Votes by Institutional Investment Managers (November 2, 2022) All comments Academic comments

Open-End Fund Liquidity Risk Management Programs and Swing Pricing; Form N-PORT Reporting (November 2, 2022) All comments

Share Repurchase Disclosure Modernization (December 7, 2022) All comments Academic comments

Regulation Best Execution (December 14, 2022) All comments

Regulation NMS: Minimum Pricing Increments, Access Fees, and Transparency of Better Priced Orders (December 14, 2022) All comments Academic comments

Disclosure of Order Execution Information (December 14, 2022) All comments Academic comments