WASHINGTON — The Securities and Exchange Commission's municipal advisor registration rule will appear in the Federal Register Nov. 12, starting the 60-day countdown until it becomes effective Jan. 13.
The rule, which defines the term "municipal advisor" and lays out who is expected to register as one with the SEC, was approved unanimously Sept. 18. Its publication was delayed by its nearly 800 page length and the federal government shutdown last month. The register was not updated as usual during that time, when it published only material deemed essential to the protection of American lives and property.
There remain some uncertainties and concerns within the industry, such as when certain exemptions from the rule attach to underwriters, or at what point an MA's fiduciary duty attaches. The Municipal Securities Rulemaking Board is responsible for drafting rules based on the SEC's definition, and the MSRB has said it will work on the fiduciary duty rule first.
The effective date also not affect the date by which MAs must register or re-register with the SEC: July 1, 2014.
