Tag Archives: SEC

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Letters to Regulators: Letter to the SEC on 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 Fund Advisers

AFREF submitted a comment to the Securities and Exchange Commission (SEC) on December 27th supporting its proposals that would centrally clear the $27 trillion U.S. Treasury market, one of the largest and most systemically important markets in the world. 

Shockingly, despite the Treasury market’s importance, no one regulator has complete visibility into this market and the SEC’s proposals move closer to implementing the Inter-Agency Working Group on Treasury Market Surveillance’s (IAWG) recommendations to give regulators such as the SEC and the Financial Stability Oversight Council (FSOC) greater visibility and oversight.  

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Letters to Regulators: Letter to the SEC in Support of its Proposal on Shareholder Proposals

AFREF and allies submitted a comment letter to the Securities and Exchange Commission in support of its proposal to update certain substantive bases for exclusion of shareholder proposals. Shareholder proposals are an important part of our corporate governance system, and in the letter, we encourage the Commission to ensure the full range of benefits of shareholder proposals are taken into consideration when finalizing the rule, including shareholder proposals’ role in identifying, raising awareness, and addressing both company-level and systemic risks.

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Letters to Regulators: Letter to the SEC in Response to Request for Comment on Certain Information Providers Acting as Investment Advisors

AFREF sent a letter to the Securities and Exchange Commission supporting its proposal to treat index providers as investment advisers given the many traits of index providers that resemble investment advice.

Such proposals are necessary as index funds have grown to become a multi-trillion dollar industry but one whose decisions to include or exclude issuers from the indices, and which many fund managers must closely follow, remain opaque and feature a number of conflicts-of-interest. 

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Letters to Regulators: Letter to the SEC Commenting on Listing Standards for Recovery of Erroneously Awarded Compensation

AFREF submitted a comment letter in support of the SEC’s proposed rule on clawbacks of erroneously-awarded executive compensation. Once finalized, the rule will signify the long-overdue implementation of a Dodd-Frank provision that sought to improve incentives for honest and transparent corporate governance by creating a mechanism for the clawing back of compensation awarded based on inaccurate financial statements. AFREF submitted a comment in support of the proposed rule in 2015, and submitted this additional comment to answer questions raised by the Commission upon reopening the comment period

lawyer signing a document Photo by Helloquence on Unsplash

Letters to Regulators: Follow Up Comment to the SEC on Private Funds

AFREF sent a Follow Up Comment to the Securities and Exchange Commission expressing support for its proposals that would require private fund advisers to provide their investors with greater and more detailed information around the fees, expenses, returns, and bilateral investment relations (via side letters). We echo many of the comments the SEC has since received since its initial comment period and reflect how current market conditions make the Commission’s proposals especially a priority given the variation in the reporting and valuation of private market assets.