Posts from David Jenson
JOBS Act: Crowdfunding Intermediaries FAQs
Private Equity The SEC has released answers to frequently asked questions about the use of intermediaries pursuant to Title III of the JOBS Act, which can be individually cited as the Capital Raising Online While Deterring Fraud and Unethical Non-Disclosure Act of 2012, or the CROWDFUND Act. The CROWDFUND Act creates a new exemption from Section 5 [...] Read more →
SEC Denies No Action Request Under Family Office Rule
Investment Advisers A recent no-action letter provides some clarification on the application of the new exemption from registration under the Investment Advisers Act of 1940 for “family offices.”... Read more →
Proposed Red Flags Rules Jointly Announced by the SEC and CFTC
Banking, Consumer Protection Under the Fair and Accurate Credit Transactions Act of 2003 (the “FACT Act”), the Federal Credit Reporting Act was amended to require that certain federal agencies, including... Read more →
SEC Releases New Say-on-Pay CD&I
Executive Compensation, Public Companies and Securities On February 13, 2012, the SEC released new CD&I 169.07, which provides guidance on appropriate descriptions of the say-on-pay advisory vote required by Rule 14a-21 under the... Read more →
ISS Releases 2012 Compensation Policy FAQs
Executive Compensation, Public Companies and Securities On January 25, 2012, Institutional Shareholder Services Inc. (ISS) released a set of frequently asked questions relating to its analysis of compensation policy issues for 2012... Read more →
NYSE Announces Further Limitations on Broker Voting
Broker-Dealer, Public Companies and Securities Under New York Stock Exchange Rule 452, certain matters to be voted on at board meetings of NYSE member organizations were designated as “Broker May Vote” by the NYSE in its... Read more →
GAO Releases Report on Bank Holding Company Act Exemptions
Banking The Dodd-Frank Act required the Government Accountability Office (GAO) to study the implications of removing existing exemptions from the definition of “bank” under the Bank... Read more →
FTC and CFPB to Work Together
Consumer Protection Pursuant to a Memorandum of Understanding (MOU) dated January 20, 2012, the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) will work together... Read more →
New CD&Is for Say-On-Pay
Executive Compensation, Public Companies and Securities We have previously written about Section 951 of the Dodd-Frank Act, which adds new Section 14A to the Securities Exchange Act to require companies to conduct shareholder advisory... Read more →
Newly Effective Rule 6490 Gives FINRA a Larger Role in Advance Notifications
Public Companies and Securities Rule 10b-17 under the Securities Exchange Act of 1934 (the “Act”) provides that the failure of an issuer to provide advance notice to regulatory authorities in connection with... Read more →