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
2021
Adoption of Updated EDGAR Filer Manual, Form ID Amendments (March 18, 2021)
Holding Foreign Companies Accountable Act Disclosure (March 18, 2021) All comments Academic comments
Universal Proxy (April 16, 2021) All comments Academic comments
Credit Risk Retention (July 6, 2021) All comments
Filing Fee Disclosure and Payment Methods Modernization (October 13, 2021) All comments Academic comments
Listing Standards for Recovery of Erroneously Awarded Compensation (October 14, 2021) All comments Academic comments
Updating EDGAR Filing Requirements (November 4, 2021) All comments
Performance-Based Investment Advisory Fees (November 4, 2021)
Electronic Submission of Applications for Orders Under the Advisers Act and the Investment Company Act, Confidential Treatment Requests for Filings on Form 13F, and Form ADV-NR; Amendments to Form 13F (November 4, 2021) All comments
Proxy Voting Advice (November 17, 2021) All comments Academic comments
Electronic Recordkeeping Requirements for Broker-Dealers, Security-Based Swap Dealers, and Major Security-Based Swap Participants (November 18, 2021) All comments
Order Competition Rule (December 14, 2021) All comments Academic comments
Prohibition Against Fraud, Manipulation, and Deception in Connection With Security-Based Swaps; Prohibition against Undue Influence over Chief Compliance Officers (December 15, 2021) All comments Academic comments
Money Market Fund Reforms (December 15, 2021) All comments Academic comments