SEC (6do encyclopedia)



The U.S. Securities and Exchange Commission (SEC) is a government agency responsible for regulating the securities industry, which includes stocks, bonds, mutual funds, and other investments. It was created in 1934 in response to the stock market crash of 1929 and subsequent Great Depression.

The mission of the SEC is to protect investors, maintain fair and orderly markets, and facilitate capital formation. The agency achieves this through a variety of activities, including enforcing securities laws, regulating securities markets and participants, and providing oversight of publicly traded companies.

The SEC is headed by five commissioners who are appointed by the President of the United States and confirmed by the Senate. Commissioners serve staggered five-year terms and no more than three of the five can be from the same political party. The commissioners are responsible for setting policy and overseeing the agency’s activities.

Enforcement of securities laws is one of the main functions of the SEC. The agency has the power to bring civil lawsuits against individuals and businesses that violate securities laws, as well as to impose fines and other penalties. The SEC works closely with law enforcement agencies such as the Department of Justice and the Federal Bureau of Investigation to pursue criminal cases.

Regulating securities markets and participants is another important activity of the SEC. The agency oversees securities exchanges, such as the New York Stock Exchange and NASDAQ, and other market participants such as brokers and investment advisers. The SEC also sets rules and regulations that govern the sale of securities to the public.

One of the key ways the SEC protects investors is through its oversight of publicly traded companies. The agency requires companies to file regular financial reports, including annual reports and quarterly reports. These reports are available to the public and provide important information about a company’s financial health and performance. The SEC also has the power to investigate companies suspected of fraud or other wrongdoing.

In addition to its regulatory activities, the SEC also provides education and outreach to investors. The agency maintains an extensive website with resources for investors, including information on how to invest, how to avoid fraud, and how to file a complaint if you suspect you have been a victim of securities fraud. The SEC also provides free public education programs and materials to schools, libraries, and community groups.

The SEC has faced criticism over the years for being too slow to respond to emerging issues and for failing to prevent major financial crises such as the 2008 financial crisis. However, the agency has also made significant improvements in recent years, including increasing its use of technology to monitor markets and identify potential violations of securities laws.

Overall, the SEC plays a crucial role in protecting investors and maintaining fair and orderly securities markets. The agency’s work is essential to ensuring that the U.S. economy remains strong and vibrant, and that investors have confidence in the securities they invest in.


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US ap­peals court or­ders Musk to abide by SEC set­tle­ment on tweets

Al Jazeera

23-05-15 15:47


Elon Musk has lost an appeal against a settlement he reached with securities regulators after his 2018 tweets, in which he claimed he had secured funding to take Tesla private, led to a temporary halt in trading. The settlement required Musk to obtain prior approval from a Tesla lawyer for some of his tweets. The US Second Circuit Court of Appeals in Manhattan determined Musk could not back out of the settlement, and that he and Tesla should pay civil fines over the tweets. Musk’s lawyers had claimed the settlement included a “government-imposed muzzle” that violated the First Amendment.

https://www.aljazeera.com/economy/2023/5/15/us-appeals-court-orders-musk-to-abide-by-sec-settlement-on-tweets
Elon Musk loses bid to modify, throw out agreement with SEC over tweets

Reuters

23-05-15 13:52


Elon Musk has lost his bid to modify or end the 2018 agreement he made with the US Securities and Exchange Commission (SEC) that required him to get clearance from a Tesla attorney before releasing certain tweets. The 2nd US Circuit Court of Appeals in Manhattan dismissed Musk’s assertion that the SEC had used the agreement to conduct “bad-faith, harassing investigations of his protected speech” and that its enforcement measures had made it much harder for him to comply. Legal experts said the outcome means Musk is now likely to face greater scrutiny from both his company and regulators.

Shares in Tesla dropped nearly 6% after the ruling on Monday, wiping $13.5bn off the company’s value. This was because the SEC had made the demand in the first place after Musk had tweeted he had funding secured to take Tesla private at $420 a share. Three weeks later, under regulatory scrutiny, Musk backed down. He called it an attempt at humour. Former SEC chairman Harvey Pitt said Musk may now have to seriously consider how to beat the regulators. “He is going to have to decide whether he wants to continue to be chairman and CEO of Tesla or whether he wants to walk away,” said Pitt. “Because in the end, if he continues his present approach, he will lose.”

Neil Wilson at trading platform Markets.com said the ruling set “a bad precedent for public company executives who will now be more cautious about making bold statements on social media”. “They will look at this and say Musk has been rightly punished for overstepping the mark,” he said. “It puts executives in a bit of a straitjacket. The whole point of social media is it’s supposed to be informal and chatty. This ruling puts a real dampener on the ability of executives to have a bit of a personality, show some spark and talk to customers as people rather than just dollar signs.”


https://www.reuters.com/legal/elon-musk-loses-bid-modify-throw-out-agreement-with-sec-over-tweets-2023-05-15/

Toronto’s sweep of Atlanta just the latest flex for dominant AL East

The Toronto Star

23-05-15 09:58


The American League (AL) East division in Major League Baseball (MLB) this season has been called the most powerful yet and with good reason - if the AL East's .615 winning percentage continues, it will easily top the all-time list for a division. No division has ever had all of its teams finish above .500, yet after the Rays won the season 2-1 against the Braves on Sunday, all five teams in the division now are above .500. Sportradar projects that the AL East will continue to do just that.

https://www.thestar.com/sports/baseball/2023/05/15/torontos-sweep-of-atlanta-just-the-latest-flex-for-dominant-al-east.html
Industry awaits update to FTC’s ‘green guides’

Financial Times

23-05-15 04:29


Regulators and companies are clashing over the feasibility of greenwashing legislation. Following a public consultation into the US Federal Trade Commission's "green guides", feedback indicated discord between advocacy and industry groups. Advocates have suggested that financial products require stricter enforcement, while companies are concerned that greater regulation could expose them to large fines. Swiss food company Nestlé said it supported the green guides but did not want them added to the agency's enforcement rules. Similarly, Jon Direnfeld of law firm Orrick said companies could expect "potential substantial civil penalties".

https://www.ft.com/content/2e1db10b-c992-48ff-977a-eee86336def6
A ban on short selling is a bad idea

Financial Times

23-05-15 04:29


Regulators should avoid banning short selling of US regional bank stocks, according to economist Craig Lewis, who was SEC chief economist at the height of the 2008 financial crisis. Lewis said any new regulatory intervention would be a "huge mistake", despite calls for more oversight of short selling following recent falls in the US regional bank stocks. He said studies following the SEC's emergency withdrawal of the right to short sell in 799 financial stocks, which failed a "reasonable cost/benefit test", proved that it led to "increased trading costs" and was "counterproductive".

https://www.ft.com/content/0e336bf8-9d1c-4716-b288-6a73d21d808c
Bears sign 1st-round selection Darnell Wright, 2 more draft picks

The Toronto Star

23-05-15 22:53


The Chicago Bears have signed first-round draft pick Darnell Wright to his rookie contract. The team selected the Tennessee offensive tackle with the tenth overall pick in April's NFL draft. Wright is expected to help protect quarterback Justin Fields after the Bears traded back one spot with the Philadelphia Eagles. Wright, who is 6-foot-5 and weighs 330 pounds, played a significant role in Tennessee achieving an 11-2 record and finishing sixth in the final AP Top 25 poll. He was also first-team All-SEC as a right tackle last season but played left tackle in 2021. Chicago have also signed South Carolina defensive tackle Zacch Pickens and Cincinnati wide receiver Tyler Scott to their rookie deals. The Bears have contracted seven of their ten draft picks, including Gervon Dexter, Tyrique Stevenson and Roschon Johnson.

https://www.thestar.com/sports/football/2023/05/15/bears-sign-1st-round-selection-darnell-wright-2-more-draft-picks.html
Meteoric rise in power of ‘finfluencers’ sparks concerns

Financial Times

23-05-16 04:35


The recent surge in self-directed investing can be partially attributed to the influence of financial influencers, according to a report. US and UK regulators have already issued investor warnings about social media and investment fraud, and the Financial Conduct Authority has cautioned influencers about promoting illegal get-rich-quick schemes. The report says that distinguishing reliable and unreliable finfluencers is difficult. One risk arises because regulators impose strict rules on finance professionals when it comes to marketing and endorsements. One recent example is the US's Securities and Exchange Commission’s National Financial Capability Month initiative in April. Financial influencers experience an average 8% annual growth rate in the number of followers, compared with 4% growth rate for all other influencers. Newer investment apps rely heavily on finfluencers to spread the word, with one UK app, InvestEngine, spending 40% of its marketing budget on influencers. However, regulators say growth in self-directed investing is highlighting a need for better education.

https://www.ft.com/content/41e88e16-1313-4794-8674-d4feac5efd31
Record buyback spree attracts shareholder complaints

Financial Times

23-05-16 04:23


Executives who award themselves large bonuses after their companies engage in share buybacks that have limited benefit to shareholders are facing criticism from prominent investors, according to research by asset manager Janus Henderson. Last year the biggest 1,200 public companies in the world returned a record $1.3tn to shareholders, triple the level of 10 years ago and almost as much as they paid out in dividends. US President Joe Biden recently introduced a 1% Wall St buyback tax and has now proposed quadrupling it.

https://www.ft.com/content/eaa1a31c-580c-405b-b438-a59504198ac8
US crypto clampdown pushes exchanges to go offshore

Financial Times

23-05-16 04:20


US cryptocurrency exchanges including Coinbase and Gemini are taking steps to launch overseas marketplaces in order to escape regulatory clampdowns at home, particularly during a US-led enforcement campaign in the crypto sector. US watchdogs are set to intensify government oversight following the failure of lenders like Celsius Network and FTX. The push for regulation in the space has impacted the fortunes of US-based exchanges. Binance has swooped in to claim most of the market share, becoming the world’s largest crypto exchange. Regulators are expected to respond with more concrete action soon, according to commentators.

https://www.ft.com/content/10979399-ba25-45b9-b85d-776c1b75bfea
The CEO behind ChatGPT is testifying. Here’s what to expect.

Washington Post

23-05-16 12:32


The CEO of OpenAI, Sam Altman, has warned the US Senate of how AI chatbots such as his own company's risked undermining data privacy, intellectual property, competition, and US democracy. Altman made his debut appearance in the Senate this week, with senators exploring how AI chatbots could both inadvertently produce misinformation as well as how they can be used for disinformation, such as via deepfakes. Altman's chatbot has recently exploded in popularity. Senators largely played down talk of a grilling, seeking input to rein in AI chatbots like ChatGPT for legislation rather than any contentious vote ahead of the hearing. AI bias issues, as well as copyright and antitrust considerations, were also raised, with some Republican senators fearing potential intrusive surveillance capabilities.

https://www.washingtonpost.com/politics/2023/05/16/ceo-behind-chatgpt-is-testifying-heres-what-expect/
CEO pay again in focus as the heads of failed banks appear before Senate panel

The Globe and Mail

23-05-16 11:13


The executives of failed banks Silicon Valley Bank, Signature Bank and First Republic Bank were rewarded for short-term gains such as a rising stock price rather than long-term company health and risk, leading to a debate over executive pay. Although their banks are now worth next to nothing, CEOs were rewarded with millions of dollars in company stock, which was then sold before the banks failed. Senators are expected to table the question of executive pay to former head executives at the Senate Banking Committee, causing bipartisan legislation for Federal Deposit Insurance Corporation authority to claw back any pay made to executives in the five years leading up to a bank's failure.

https://www.theglobeandmail.com/business/article-ceo-pay-again-in-focus-as-the-heads-of-failed-banks-appear-before/
To BoEdly go . . .

Financial Times

23-05-16 16:19


The UK regulator and financial watchdog, the Bank of England (BoE), has adopted a form of style not dissimilar to US regulator the Securities and Exchange Commission (SEC), according to the Financial Times (FT). Both SEC head Gary Gensler and BoE director of authorisations, regtech and international supervision Rebecca Jackson have resorted to opening speeches and briefings with dated pop culture references. In a recent speech, Jackson referred to the BoE's prudential regulatory authority as a “starship”; she also made seven other references to “starship PRA”.

https://www.ft.com/content/cc9cb55c-511e-43d9-b386-8bfd8c258d1f
Column: SEC in Coinbase case defends crypto rulemaking, enforcement

Reuters

23-05-16 21:11


The US Securities and Exchange Commission (SEC) has defended its decision to police the cryptocurrency industry via individual enforcement actions rather than through formal rulemaking. The commission dismissed a petition by exchange Coinbase to implement rules governing securities trading with digital assets. In a filing with the 3rd US Circuit Court of Appeals, Coinbase argued that the SEC had refused to respond to its July 2022 petition asking for rules. But the SEC responded that it was reviewing potential rules and the petition did not set a deadline for a response. Critics of the SEC insist that its enforcement action has failed to provide adequate guidelines to legitimate cryptocurrency companies.

https://www.reuters.com/legal/transactional/column-sec-coinbase-case-defends-crypto-rulemaking-enforcement-2023-05-16/
U.S. regulators accuse company of fraudulently selling coins from Royal Canadian Mint

The Globe and Mail

23-05-16 23:23


Red Rock Secured LLC, its CEO and two former employees are being sued by US regulators. The SEC, the Commodity Futures Trading Commission (CFTC) and state regulators in California and Hawaii claim the California company, its CEO and two former employees fooled customers into cashing out their retirement investments and buying millions of dollars of Royal Canadian Mint coins at large markups. Red Rock and its CEO have denied the allegations and stated they have "nothing to hide".

https://www.theglobeandmail.com/business/article-us-regulators-accuse-company-of-fraudulently-selling-coins-from-royal/
Share buybacks need less hate and more scrutiny

Financial Times

23-05-17 04:34


Global share buybacks hit a record of $1.3tn last year, three times the level seen 10 years ago, according to Janus Henderson, with US firms the biggest buyers and the trend also spreading rapidly across Europe. Advocates say share buybacks can boost stock prices and benefit shareholders, with taxes on capital gains often lower than on dividends. But critics contend that companies underpay staff or cut back on R&D to fund buybacks, while US president Joe Biden has included a new tax on buybacks to fund his climate package.

https://www.ft.com/content/c3b104af-d31e-4fdf-a15f-a86711bde2c2
Fund groups race to launch first US ether futures ETF

Financial Times

23-05-17 04:34


Five ETF issuers have filed applications to launch ether futures ETFs, according to analysts. Grayscale was the first to file, with Valkyrie lodging an application last week. The new ETFs have investment strategies similar to each other and will trade primarily in ether futures traded on the Chicago Mercantile Exchange, if approved. Last month, bitcoin futures ETFs in the US allowed advisers to make trades on behalf of clients investing in cryptocurrencies for the first time. The new ETFs will operate almost identically to their bitcoin futures counterparts, the analysts said.

https://www.ft.com/content/29333bd5-7b69-4887-a1d8-05718f618f80
Ripple buys crypto custody firm Metaco for $250 million

Reuters

23-05-17 12:05


Ripple has acquired digital asset custody firm Metaco for $250m, in a move it hopes will attract institutional investors concerned about cryptocurrency storage. Metaco’s technology allows financial companies, including Citi, BNP Paribas and Societe Generale, to hold and manage digital assets. Ripple, which is the world’s sixth-largest cryptocurrency, with about $23bn in circulation, says more than half the purchase price was paid in cash and the balance in equity. The acquisition is Ripple’s first major deal and could be followed by other purchases.

https://www.reuters.com/markets/deals/ripple-buys-crypto-custody-firm-metaco-250-million-2023-05-17/
Do hypothetical risk disclosures give rise to securities claims?

Reuters

23-05-17 14:58


Companies should evaluate whether and how they disclose risks they have identified and should consider whether they need to disclose material facts suggesting a risk "might" occur, even if it has not yet manifested or risen to the level of "near certainty," writes Virginia Milstead in Reuters Legal News. Companies should also consider that their required hypothetical risk disclosures, which warn of outcomes that "may" or "could" arise "if" certain events occur, have become a prime target of securities fraud claims that allege a risk disclosure was misleading or inadequate to warn investors. While most courts so far have held that a hypothetical risk disclosure is only inadequate or misleading if the risk has already materialised or has a near certainty to cause financial harm, a recent case in the 9th US Circuit Court of Appeals has indicated that a hypothetical risk disclosure may be insufficient if it fails to include facts showing that the risk “might” occur.

https://www.reuters.com/legal/legalindustry/do-hypothetical-risk-disclosures-give-rise-securities-claims-2023-05-17/
ACC leadership touts progress in trying to address financial gap with the Big Ten and the SEC

The Toronto Star

23-05-17 21:06


The Atlantic Coast Conference (ACC) has discussed how the league can close the financial gap on college football’s two preeminent powerhouses: the Big Ten and Southeastern Conference. The ACC remains ahead of the Pac-12 and the Big 12, but is far behind the Big Ten and SEC in annual payouts. Participants at the three-day spring meetings suggested a revised revenue distribution model could help successful teams from the 2024-25 school year, with a larger share of postseason revenue going to those participating in events rather than dividing it equally. A school $30 million short annually could struggle in recruiting budgets, facility improvements, support staffs and coaching salaries.

https://www.thestar.com/sports/football/ncaa/2023/05/17/acc-leadership-touts-progress-in-trying-to-address-financial-gap-with-the-big-ten-and-the-sec.html