Law and regulation

The Securities Industry and Financial Markets Association is urging states to adopt policies that ensure issuers meet their disclosure requirements and provide investors with relevant information.

Legislation to require California issuers to provide significantly more information about their bond payments and uses of proceeds appears to be marching toward passage.

The Government Finance Officers Association has issued an alert urging members to be ready for conversations with their counsel and quick turnarounds of settlements under the Securities and Exchange Commission's program to voluntarily self-report continuing disclosure violations.

The Securities and Exchange Commission is "very focused" on examining whether there were any securities law violations involving Puerto Rico bonds as the commonwealth's fiscal situation deteriorated over the last few years, SEC chair Mary Jo White told the Senate Banking Committee on Tuesday.

In a first of a kind case, two California-based municipal advisory firms and their executives agreed to pay a total of $200,000 to settle Securities and Exchange Commission charges that they used deceptive business practices in dealing with five school districts.

Attorney Robert W. Cook has been tapped by the Financial Industry Regulatory Authority’s board of governors to become chief executive officer of FINRA during the second half of the year.

U.S. banks' holdings of municipal bonds increased to $507.5 billion in the first quarter of 2016, a 1.7% gain from the $499 billion of holdings in the fourth quarter of 2015.

The full Senate is expected to take up the Puerto Rico bill passed by the House and vote on it before the end of the month or in early July.

The Securities Industry and Financial Markets Association is urging the Securities and Exchange Commission to amend its Rule 15c2-12 on municipal bond disclosure and provide more guidance in this area.

The Government Finance Officers Association has released a five-page primer on municipal advisor rules that should be entitled, “Everything you need to know about these rules and how they affect issuers.”

Rep. Jeb Hensarling, R-Tex., plans to introduce an alternative to the Dodd-Frank Act that would, among other things, stop the Municipal Securities Rulemaking Board from receiving some of the muni rule enforcement fines collected by regulators and repeal the Volcker Rule.

Lawyers with Orrick, Herrington & Sutcliffe are concerned about a ruling by a federal appeals court last week that found a constitutional challenge to the Securities and Exchange Commission's use of administrative proceedings to impose penalties in enforcement cases could not move forward until the proceedings end.

States like Colorado will continue to forego revenue, as well as the opportunity to borrow against that revenue in the bond market, until the cannabis industry gains access to the banking system.

The Securities and Exchange Commission and Miami have each asked a federal judge in Florida to rule in their favor before a trial can be held over the SEC’s fraud charges against the city and a former city official.

Municipal advisor professionals who have not already passed the Municipal Securities Rulemaking Board’s pilot qualification exam will have one year from Sept. 12 to pass the permanent exam, the self-regulator announced on Tuesday.

Muni market groups are resoundingly saying "no" to the Municipal Securities Rulemaking Board's question of whether it should require municipal advisors to disclose information about their issuer clients' bank loans or privately placed municipal securities.

Dealer groups are asking the Municipal Securities Rulemaking Board for more flexibility with exceptions to its rule preventing dealers from buying or selling bonds below issuers’ prescribed minimum denominations.

Market participants need to continue working toward broad disclosure of bank loans, possibly by amending the Securities and Exchange Commission’s disclosure rule to classify the loans as material events for issuers.

Issuers vented their frustrations about the complicated nature of voluntary bank loan disclosure in the municipal market to the Municipal Securities Rulemaking Board chair at the annual GFOA debt committee meeting.

The credit crisis in Puerto Rico may give Congress an opportunity to pass legislation that would allow direct regulation of state and local issuers, municipal market participants said Saturday.