SEC Alert! OPEN for comment, the SEC is proposing to require electronic filing or submission of certain forms and other filings or submissions. The proposal would require the information currently contained in Form 19b-4(e) to be publicly posted.
Electronic Submission of Certain Materials under the Securities Exchange Act:
Amendments Regarding the Financial and Operational Combined Uniform Single Report (386 pages)
https://public-inspection.federalregister.gov/2023-06330.pdf
Summary
- The Securities and Exchange Commission (“Commission” or “SEC”) is proposing to require electronic filing or submission of certain forms and other filings or submissions that are required to be filed with or submitted to the Commission under the Securities Exchange Act of 1934 (“Exchange Act”) and the rules and regulations under the Exchange Act.
- The proposal would require the electronic filing or submission on the Commission’s Electronic Data Gathering, Analysis, and Retrieval (“EDGAR”) system, using structured data where appropriate, for certain forms filed or submitted by self-regulatory organizations (“SROs”).
- The proposal would require the information currently contained in Form 19b-4(e) to be publicly posted on the SRO’s website and remove the manual signature requirements for SRO proposed rule change filings.
- The Commission is also proposing that a clearing agency post supplemental material to its website. In addition, the proposal would amend rules under the Exchange Act and the Securities Act of 1933 (“Securities Act”) to require the electronic filing or submission on EDGAR, using structured data where appropriate, of certain forms, reports and notices provided by broker-dealers, security-based swap dealers and major security-based swap participants.
- The proposed amendments also would require withdrawal in certain circumstances of notices filed in connection with an exception to counting certain dealing transactions toward determining whether a person is a security-based swap dealer.
- Finally, the Commission is proposing to allow electronic signatures in certain broker-dealer filings, and is proposing amendments regarding the Financial and Operational Combined Uniform Single Report (“FOCUS Report”) to harmonize with other rules, make technical corrections, and provide clarifications.
19b-4(e): Information Required of a Self-Regulatory Organization Listing and Trading a New Derivative Securities Product Pursuant to Rule 19b-4(e) Under the Securities Exchange Act of 1934
https://www.sec.gov/files/form19b-4e.pdf
https://www.sec.gov/files/form19b-4e.pdf
Forms impacted:
How to comment:
- Comments should be received on or before May 22, 2023.
Electronic Comments:
- Use the Commission’s internet comment form (https://www.sec.gov/regulatoryactions/how-to-submit-comments);
- Send an email to
[email protected]. Please include File No. S7-08-23 on the subject line.
Paper Comments:
- Send paper comments to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
- All submissions should refer to File No. S7-08-23.
- This file number should be included on the subject line if email is used.
- To help the Commission process and review your comments more efficiently, please use only one method.
- The Commission will post all comments on the Commission’s website (https://www.sec.gov/rules/proposed.shtml).
- Comments are also available for website viewing and printing in the Commission’s Public Reference Room, 100 F Street NE, Washington, DC 20549 on official business days between the hours of 10 a.m. and 3 p.m.
- Operating conditions may limit access to the Commission’s public reference room.
- All comments received will be posted without change.
- Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions.
- You should submit only information that you wish to make available publicly.
TLDRS:
- The SEC is proposing to require electronic filing or submission of certain forms and other filings or submissions. The proposal would require the information currently contained in Form 19b-4(e) to be publicly posted on the SRO’s website--Derivatives information!
- The proposal would require the information currently contained in Form 19b-4(e) to be publicly posted on the SRO’s website and remove the manual signature requirements for SRO proposed rule change filings.
- The Commission is also proposing that a clearing agency post supplemental material to its website. In addition, the proposal would amend rules under the Exchange Act and the Securities Act of 1933 (“Securities Act”) to require the electronic filing or submission on EDGAR, using structured data where appropriate, of certain forms, reports and notices provided by broker-dealers, security-based swap dealers and major security-based swap participants.
