Law and regulation

The Securities and Exchange Commission settled its first case under its Municipalities Continuing Disclosure Cooperation initiative after charging a school district in California with misleading bond investors about its past compliance with its continuing disclosure obligations.

The Government Finance Officers Association has issued an alert for issuer officials urging them to approach the Securities and Exchange Commission's continuing disclosure self-reporting program cautiously, and advising the group's members that attempts to lobby the SEC for changes to the initiative have been largely unsuccessful.

The Bond Dealers of America have released a paper prepared by Nixon Peabody LLP that aims to explain to issuers how their relationships with the brokers that handle their investments will change now that the Securities and Exchange Commission’s municipal advisor registration rule is in effect.

The Bond Dealers of America is making another push for changes to the Securities and Exchange Commission’s Municipalities Continuing Disclosure Cooperation initiative after the SEC rejected BDA's earlier requests to narrow the scope of the program and extend its deadline.

As many state and local governments across the country begin their July 1 fiscal year, a new federal law going into effect is of particular interest to municipal governments that issue bonds.

Dozens of firms have withdrawn their registrations as municipal advisors under the new regulatory regime that takes full effect Tuesday, citing a myriad of reasons for avoiding participation in a new era of muni advising.

Some broker-dealers and some issuers have distorted the truth about the municipal advisor rule, said a former Securities and Exchange Commission lawyer who worked on the new regulatory regime.

The SEC's latest action continues to illustrate the commission's intent to vigorously enforce the muni bond space, securities lawyers said, and might also illustrate why issuers might hesitate to participate in its controversial self-reporting program.

Panelists at The Bond Buyer's Pacific Northwest Municipal Market Symposium in Seattle discussed the implications of two regulatory initiatives taking place this year, the SEC's MCDC self-reporting initiative, and municipal advisor regulation.

Public officials responsible for the investment of municipal funds will have to keep track of bond proceeds when the muni advisor rule takes effect in less than two weeks, even if compliance is ultimately not their problem, according to experts participating in a California Debt and Investment Advisory Commission webinar Monday.

Securities and Exchange Commission chairman Mary Jo White's public push for bond market transparency initiatives before year's end improves the chances of major changes affecting muni dealers and investors. The road there will not be easy.

The Securities and Exchange Commission has charged a Philadelphia-area private equity firm with violating pay-to-play rules by receiving advisory fees from the city and state pension funds following campaign contributions an associate made to state and local officials. It is the first case brought by the SEC under its pay-to-play rules for investment advisers.

The Louisiana State Bond Commission plans to hire disclosure counsel to assist in determining if the state complied with continuing disclosure requirements as it weighs the SEC's MCDC initiative.

The market for variable rate demand obligations has contracted five of the last six years, the Municipal Securities Rulemaking Board said in a report released Wednesday.

The House Appropriations Committee has unveiled a fiscal year 2015 bill that would fund the Securities and Exchange Commission at $1.4 billion - $50 million above the fiscal year 2014 level and $300 million below President Obama's budget request.

A coalition of state and local groups has written a letter to Securities and Exchange Commission member Daniel Gallagher countering his recent comments about pension obligation disclosure and arguing that any problems in the area are individual and not universal.

The Securities and Exchange Commission's investigation of the Port Authority of New York and New Jersey must determine if investors needed to know about $1.8 billion of controversial spending, securities law experts said. Others said any SEC enforcement action would not be a fix for the authority's problems.

The Securities Industry and Financial Markets Association has sent a letter to numerous federal regulators arguing that the joint venture structure used for the first time last week to sell tender option bonds should be legal under the Volcker rule.

Merrill Lynch, Pierce, Fenner & Smith Thursday sold the first tender option bonds structured to comply with the Volcker Rule, a feat Moody's Investors Service said will benefit the market by allowing TOB trusts to continue purchasing munis.

The Bond Dealers of America is urging the Securities and Exchange Commission to limit the scope of its continuing disclosure violation self-reporting program and the participation deadline by more than three months.