We also need clarity regarding the analytical and decision-making processes advisers employ, including the extent to which those analytics are company- or industry-specific. On this last point, it is clear to me that some matters put to a shareholder vote can only be analyzed effectively on a company-specific basis, as opposed to applying a more general market or industry-wide policy. Finally, there were other issues raised at the roundtable that we should consider, including: 1 the framework for addressing conflicts of interests at proxy advisory firms and 2 ensuring that investors have effective access to issuer responses to information in certain reports from proxy advisory firms.
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On timing, it is clear to me that the these issues will not improve on their own with time, and I intend to move forward with the staff recommendations, prioritizing those initiatives that are most likely to improve our markets for our long-term Main Street investors. Main Street investors, now more than ever before, are responsible for saving for retirement. Earlier this year, staff in our Office of Investor Education and Advocacy issued a bulletin to warn investors of risks associated with self-directed Individual Retirement Accounts, or IRAs.
Accordingly, we are looking at initiatives to facilitate access to capital for issuers and to make sure Main Street investors have the best possible mix of investment opportunities. Several of these initiatives parallel congressional legislation that received substantial bipartisan support. To explore further whether we can improve the mix of investment opportunities for Main Street investors, the Division of Corporation Finance is looking at the private offering framework.
The staff is working on a concept release to solicit input about key topics, including whether our accredited investor definition—a principal regulatory threshold for participation in private offerings—is appropriately tailored to address both investment opportunity and investor protection concerns.
I also believe it is important to consider ways to encourage long-term investment in our country. There is an ongoing debate regarding the adequacy and appropriateness of mandated quarterly reporting and the prevalence of optional quarterly guidance, and whether our reporting system more generally drives an overly short-term focus. I encourage all market participants to share their views to let us know if there are other aspects of our regulations that drive short-termism. Another area where the Commission and staff have spent a significant amount of time relates to distributed ledger technology, digital assets and initial coin offerings ICOs.
A number of concerns have been raised regarding the digital assets and ICO markets, including that, as they are currently operating, there is substantially less investor protection than in the traditional equities and fixed income markets, with correspondingly greater opportunities for fraud and manipulation. I believe that ICOs can be effective ways for entrepreneurs and others to raise capital. However, the novel technological nature of an ICO does not change the fundamental point that, when a security is being offered, our securities laws must be followed.
Staffed by representatives from across the Commission, the FinHub serves as a public resource for fintech-related issues at the SEC. First, the potential effects of Brexit on U. To be direct, I am concerned that:. For example, I have directed the staff to focus on the disclosures companies make about Brexit and the functioning of our market utilities and other infrastructure.
We have seen a wide range of disclosures, even within the same industry. Some companies have fairly detailed disclosures about how Brexit may impact them, while others simply state that Brexit presents a risk. I would like to see companies providing more robust disclosure about how management is considering Brexit and the impact it may have on the company and its operations.
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With regard to market utilities and infrastructure, following the Brexit vote, SEC staff commenced discussions with other U. These discussions are ongoing, and I expect their pace to increase. The second risk that I want to highlight relates to the transition away from LIBOR as a benchmark reference for short-term interest rates.
It is likely, though, that the banks currently reporting information used to set LIBOR will stop doing so after , when their commitment to reporting information ends. For example, SOFR is based on direct observable transactions. A significant risk for many market participants—whether public companies who have floating rate obligations tied to LIBOR, or broker-dealers, investment companies or investment advisers that have exposure to LIBOR—is how to manage the transition from LIBOR to a new rate such as SOFR, particularly with respect to those existing contracts that will still be outstanding at the end of Accordingly, although this is a risk that we are monitoring with our colleagues at the Federal Reserve, Treasury Department and other financial regulators, it is important that market participants plan and act appropriately.
What does the documentation provide; does fallback language exist and, if it exists, does it work correctly in such a situation? If not, will consents be needed to amend the documentation? Consents can be difficult and costly to obtain, with cost and difficulty generally correlated with uncertainty. The third risk I want to touch on is cybersecurity. Cybersecurity is something that we at the agency look at from a number of perspectives. From an issuer disclosure perspective, it is important that investors are sufficiently informed about the material cybersecurity risks and incidents affecting the companies in which they invest.
Earlier this year, the Commission issued interpretive guidance to assist public companies in preparing these types of disclosures. From a market oversight perspective, we continue to prioritize cybersecurity in our examinations of market participants, including broker-dealers, investment advisers and critical market infrastructure utilities. In assessing how firms prepare for a cybersecurity threat, safeguard customer information, and detect red flags for potential identity theft, for example, we have focused on areas including risk governance, access controls, data loss prevention, vendor management and training, among others.
And given the interconnectedness of our markets, we will continue to work closely with our counterparts at other federal financial regulatory agencies and the international community. We also are focused on assessing and improving our own cybersecurity risk profile. We now have a Chief Risk Officer to help coordinate our risk management efforts across the agency. We have worked to promote a culture that emphasizes the importance of data security throughout our divisions and offices.
The staff has also been engaging with outside experts to assess and improve our security controls. We recognize, however, that no system can be entirely safe from a cyber intrusion, and that there is a lot of work that remains to be done. From an enforcement perspective, our Cyber Unit is dedicated to targeting cyber-related misconduct in our markets. Among other things—in addition to looking at potential violations in some of the areas I have just described—the Cyber Unit has focused on alleged misconduct involving intrusions into retail brokerage accounts, the submission of false regulatory filings and hacking to obtain material non-public information.
And finally, from an investor education perspective, our Office of Investor Education and Advocacy has worked hard to inform investors about cybersecurity hygiene and red flags of cyber fraud, in order to prevent investors from becoming victims in the first place.
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I am very pleased with our accomplishments in , but much remains to be done and we are facing new challenges—some known and some that we will come to know. That is why the agenda for is ambitious. Yet it is pragmatic in the number of items, only a handful of which I was able to cover today. Agenda Stage of Rulemaking. Disclosure of Payments by Resource Extraction Issuers . Pursuant to this statute, federal agencies are required to publish an agenda of rules that they are developing that are likely to have a significant economic impact on a substantial number of small entities.
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Over the past 10 years, the Commission completed, on average, approximately one-third of the rules listed on the near-term agenda. Disclosure of Order Handling Information, 83 Fed. Of the more than 6, comment letters, approximately 3, were unique letters. Times, Nov.
In a transition, a methodology needs to be developed to determine fair spreads between the two rates. In addition, central counterparties have commenced clearing of SOFR swaps. Other harmonization initiatives are ongoing. Search SEC. Securities and Exchange Commission. Approach to the Regulatory Agenda and Review of Our Progress We are required to publish a regulatory agenda on a semi-annual basis pursuant to the Regulatory Flexibility Act. Improving Our Approach to the Regulation of Investment Professionals In April, the Commission proposed for public comment a collection of rules and interpretations applicable to investment professionals—both broker-dealers and investment advisers.
More specifically, the proposed rules seek to accomplish three things: require broker-dealers to act in the best interest of their retail customers, by expressly requiring that the investment professional not place her or his interests ahead of the interests of the client; reaffirm, and in some cases clarify, the fiduciary duty owed by investment advisers to their clients; and require both broker-dealers and investment advisers to state clearly key facts about their relationship, including their financial incentives. This is a very important and long overdue initiative.
Facilitating Capital Formation Second, with respect to capital formation, the Commission took several meaningful steps throughout to help companies—including small companies—participate in our capital markets, while maintaining or improving important investor protections. Monitoring and Reacting to Our Evolving Securities Markets We also have been monitoring our markets and market structure to evaluate whether they are meeting the needs of our Main Street investors.
Completing our Work on Rules Relating to the Standards of Conduct for Financial Professionals Completing our rules relating to the standards of conduct for financial professionals is a key priority. Proxy Process Another significant initiative for is improving the proxy process.bbmpay.veritrans.co.id/flix-ligar-chicas.php
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Capital Formation and Access to Investment Opportunities Main Street investors, now more than ever before, are responsible for saving for retirement. Encouraging Long-Term Investment I also believe it is important to consider ways to encourage long-term investment in our country.
Here are some of the possibilities. Sovereign International Pension Services is not an investment advisory firm nor do we provide investment advice. Our interests are aligned with yours. Larry has worked with many of the elite international advisors, foreign banks and offshore financial firms around the world and can make introductions or help open doors for you where needed.
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