80_FR_37663 80 FR 37537 - Amendments for Small and Additional Issues Exemptions Under the Securities Act (Regulation A); Correction

80 FR 37537 - Amendments for Small and Additional Issues Exemptions Under the Securities Act (Regulation A); Correction

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 126 (July 1, 2015)

Page Range37537-37538
FR Document2015-16045

This document contains corrections to the final regulations (SEC Rel. No. 33-9741), which were published in the Federal Register of Monday, April 20, 2015 (80 FR 21806). The regulations related to Amendments for Small and Additional Issues Exemptions under the Securities Act (Regulation A).

Federal Register, Volume 80 Issue 126 (Wednesday, July 1, 2015)
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Rules and Regulations]
[Pages 37537-37538]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16045]


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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 232

[Release Nos. 33-9741C; 34-74578C; 39-2501C; File No. S7-11-13]
RIN 3235-AL39


Amendments for Small and Additional Issues Exemptions Under the 
Securities Act (Regulation A); Correction

AGENCY: Securities and Exchange Commission.

ACTION: Correcting amendments.

-----------------------------------------------------------------------

SUMMARY: This document contains corrections to the final regulations 
(SEC Rel. No. 33-9741), which were published in the Federal Register of 
Monday, April 20, 2015 (80 FR 21806). The regulations related to 
Amendments for Small and Additional Issues Exemptions under the 
Securities Act (Regulation A).

DATES: This correction is effective July 1, 2015.

FOR FURTHER INFORMATION CONTACT: Linda Cullen, Office of the Secretary 
at (202) 551-5400.

SUPPLEMENTARY INFORMATION: 

Background

    The final regulations that are the subject of these corrections 
were revisions to Item 101(a) of Regulation S-T (Sec.  232.101(a) of 
the chapter) on the effective date of the Amendments for Small and 
Additional Issues Exemptions under the Securities Act (Regulation A) to 
reflect the mandatory electronic filing of all issuer initial filing 
and ongoing reporting requirements under Regulation A (Sec. Sec.  
230.251-230.262 of the chapter).

Need for Correction

    As published, the final regulations contain errors which need to be 
corrected.

List of Subjects in 17 CFR Part 232

    Reporting and recordkeeping requirements, Securities.

    Accordingly, 17 CFR part 232 is corrected by making the following 
correcting amendments:

0
1. The authority citation for part 232 continues to read in part as 
follows:

    Authority:  15 U.S.C. 77c, 77f, 77g, 77h, 77j, 77s(a), 77z-3, 
77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a-6(c), 
80a-8, 80a-29, 80a-30, 80a-37, 7201 et seq.; and 18 U.S.C. 1350, 
unless otherwise noted.
* * * * *

0
2. Section 232.101 is amended by:
0
a. Revising paragraphs (a)(1)(xvi) and (xvii); and
0
b. Adding paragraph (a)(1)(xviii).
    The revisions and addition read as follows:


Sec.  232.101  Mandated electronic submissions and exceptions.

    (a) * * *
    (1) * * *
    (xvi) Form ABS-15G (as defined in Sec.  249.1400 of this chapter);
    (xvii) Documents filed with the Commission pursuant to section 
13(n) of the Exchange Act (15 U.S.C. 78m(n)) and the rules and 
regulations

[[Page 37538]]

thereunder, including Form SDR (17 CFR 249.1500) and reports filed 
pursuant to Rules 13n-11(d) and (f) (17 CFR 240.13n-11(d) and (f)) 
under the Exchange Act; and
    (xviii) Filings made pursuant to Regulation A (Sec. Sec.  230.251 
through 230.262 of this chapter).
* * * * *

    Dated: June 25, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-16045 Filed 6-30-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                              Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations                                                      37537

                                            PART 271—INTERPRETATIVE
                                            RELEASES RELATING TO THE
                                            INVESTMENT COMPANY ACT OF 1940
                                            AND GENERAL RULES AND
                                            REGULATIONS THEREUNDER
                                            ■ 3. Part 271 is amended by adding
                                            Release No. IC–31684 to the list of
                                            interpretive releases as follows:

                                                                         Subject                                      Release No.                          Date                          Fed. Reg. Vol. and Page


                                                     *                    *                   *                              *                     *                              *                      *
                                            Commission Guidance Regarding the Definition of the                          IC–31684      June 19, 2015 .................................   80 FR [Insert FR Page
                                              Terms ‘‘Spouse’’ and ‘‘Marriage’’ Following the Supreme                                                                                      Number]
                                              Court’s Decision in United States v. Windsor.



                                            PART 276—INTERPRETATIVE
                                            RELEASES RELATING TO THE
                                            INVESTMENT ADVISERS ACT OF 1940
                                            AND GENERAL RULES AND
                                            REGULATIONS THEREUNDER
                                            ■ 4. Part 276 is amended by adding
                                            Release No. IA–4122 to the list of
                                            interpretive releases as follows:

                                                                         Subject                                      Release No.                          Date                          Fed. Reg. Vol. and Page


                                                     *                    *                   *                               *                    *                              *                      *
                                            Commission Guidance Regarding the Definition of the                            IA–4122     June 19, 2015 .................................   80 FR [Insert FR Page
                                              Terms ‘‘Spouse’’ and ‘‘Marriage’’ Following the Supreme                                                                                      Number]
                                              Court’s Decision in United States v. Windsor.



                                              Dated: June 19, 2015.                                 for Small and Additional Issues                            List of Subjects in 17 CFR Part 232
                                              By the Commission.                                    Exemptions under the Securities Act                          Reporting and recordkeeping
                                            Robert W. Errett,                                       (Regulation A).                                            requirements, Securities.
                                            Deputy Secretary.                                       DATES: This correction is effective July                     Accordingly, 17 CFR part 232 is
                                            [FR Doc. 2015–15506 Filed 6–30–15; 8:45 am]             1, 2015.                                                   corrected by making the following
                                            BILLING CODE 8011–01–P                                                                                             correcting amendments:
                                                                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               ■ 1. The authority citation for part 232
                                                                                                    Linda Cullen, Office of the Secretary at
                                                                                                                                                               continues to read in part as follows:
                                            SECURITIES AND EXCHANGE                                 (202) 551–5400.
                                            COMMISSION                                                                                                           Authority: 15 U.S.C. 77c, 77f, 77g, 77h,
                                                                                                    SUPPLEMENTARY INFORMATION:                                 77j, 77s(a), 77z–3, 77sss(a), 78c(b), 78l, 78m,
                                            17 CFR Part 232                                                                                                    78n, 78o(d), 78w(a), 78ll, 80a–6(c), 80a–8,
                                                                                                    Background                                                 80a–29, 80a–30, 80a–37, 7201 et seq.; and 18
                                            [Release Nos. 33–9741C; 34–74578C; 39–                                                                             U.S.C. 1350, unless otherwise noted.
                                            2501C; File No. S7–11–13]
                                                                                                       The final regulations that are the
                                                                                                    subject of these corrections were                          *     *     *    *     *
                                            RIN 3235–AL39                                           revisions to Item 101(a) of Regulation S–                  ■ 2. Section 232.101 is amended by:
                                                                                                    T (§ 232.101(a) of the chapter) on the                     ■ a. Revising paragraphs (a)(1)(xvi) and
                                            Amendments for Small and Additional                     effective date of the Amendments for                       (xvii); and
                                            Issues Exemptions Under the                             Small and Additional Issues                                ■ b. Adding paragraph (a)(1)(xviii).
                                            Securities Act (Regulation A);                                                                                       The revisions and addition read as
                                                                                                    Exemptions under the Securities Act
                                            Correction                                                                                                         follows:
                                                                                                    (Regulation A) to reflect the mandatory
                                            AGENCY:  Securities and Exchange                        electronic filing of all issuer initial filing             § 232.101 Mandated electronic
                                            Commission.                                             and ongoing reporting requirements                         submissions and exceptions.
                                            ACTION: Correcting amendments.                          under Regulation A (§§ 230.251–230.262                       (a) * * *
                                                                                                    of the chapter).                                             (1) * * *
tkelley on DSK3SPTVN1PROD with RULES




                                            SUMMARY:  This document contains                                                                                     (xvi) Form ABS–15G (as defined in
                                            corrections to the final regulations (SEC               Need for Correction                                        § 249.1400 of this chapter);
                                            Rel. No. 33–9741), which were                             As published, the final regulations                        (xvii) Documents filed with the
                                            published in the Federal Register of                                                                               Commission pursuant to section 13(n) of
                                                                                                    contain errors which need to be
                                            Monday, April 20, 2015 (80 FR 21806).                                                                              the Exchange Act (15 U.S.C. 78m(n))
                                                                                                    corrected.
                                            The regulations related to Amendments                                                                              and the rules and regulations


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                                            37538             Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations

                                            thereunder, including Form SDR (17                      advisory services for compensation to a                 June 13, 2012.8 In the absence of a final
                                            CFR 249.1500) and reports filed                         government client for two years after the               municipal advisor registration rule, the
                                            pursuant to Rules 13n–11(d) and (f) (17                 adviser or certain of its executives or                 Commission extended the third-party
                                            CFR 240.13n–11(d) and (f)) under the                    employees (‘‘covered associates’’) make                 solicitor ban’s compliance date from
                                            Exchange Act; and                                       a contribution to certain elected officials             June 13, 2012 to nine months after the
                                              (xviii) Filings made pursuant to                      or candidates.1 Rule 206(4)–5 also                      compliance date of the final rule,9
                                            Regulation A (§§ 230.251 through                        prohibits an adviser and its covered                    which is July 31, 2015.10
                                            230.262 of this chapter).                               associates from providing or agreeing to                  This notice of compliance date is
                                            *    *      *     *    *                                provide, directly or indirectly, payment                technical in nature and serves solely to
                                                                                                    to any third-party for a solicitation of                fulfill the Commission’s commitment to
                                              Dated: June 25, 2015.
                                                                                                    advisory business from any government                   provide the notice for the compliance
                                            Brent J. Fields,                                        entity on behalf of such adviser, unless                date it previously set.11
                                            Secretary.                                              such third-party is a ‘‘regulated person’’                Dated: June 25, 2015.
                                            [FR Doc. 2015–16045 Filed 6–30–15; 8:45 am]             (‘‘third-party solicitor ban’’).2 Rule                  Brent J. Fields,
                                            BILLING CODE 8011–01–P                                  206(4)–5 defines a ‘‘regulated person’’ as
                                                                                                                                                            Secretary.
                                                                                                    an SEC-registered investment adviser,3 a
                                                                                                                                                            [FR Doc. 2015–16048 Filed 6–30–15; 8:45 am]
                                                                                                    registered broker or dealer subject to pay
                                            SECURITIES AND EXCHANGE                                 to play restrictions adopted by a                       BILLING CODE 8011–01–P
                                            COMMISSION                                              registered national securities
                                                                                                    association,4 or a registered municipal
                                            17 CFR Part 275                                         advisor subject to pay to play                          DEPARTMENT OF THE INTERIOR
                                            [Release No. IA–4129; File No. S7–18–09]                restrictions adopted by the Municipal
                                                                                                    Securities Rulemaking Board                             Bureau of Indian Affairs
                                            RIN 3235–AK39
                                                                                                    (‘‘MSRB’’).5 In addition, the
                                                                                                    Commission must find, by order, that                    25 CFR Part 83
                                            Political Contributions by Certain
                                            Investment Advisers: Ban on Third-                      these pay to play rules: (i) Impose                     [156A2100DD/AAKC001030/
                                            Party Solicitation; Notice of                           substantially equivalent or more                        A0A501010.999900 253G]
                                            Compliance Date                                         stringent restrictions on broker-dealers
                                                                                                    or municipal advisors than the Pay to                   Requests for Administrative
                                            AGENCY: Securities and Exchange                         Play Rule imposes on investment                         Acknowledgment of Federal Indian
                                            Commission.                                             advisers; and (ii) are consistent with the              Tribes
                                            ACTION: Notice of compliance date.                      objectives of the Pay to Play Rule.6                    AGENCY:   Bureau of Indian Affairs,
                                                                                                       Rule 206(4)–5 became effective on
                                            SUMMARY:   The Securities and Exchange                                                                          Interior.
                                                                                                    September 13, 2010 and the compliance
                                            Commission (‘‘Commission’’ or ‘‘SEC’’)                  date for the third-party solicitor ban was              ACTION: Policy guidance.
                                            previously set and extended the                         set to September 13, 2011.7 When the                    SUMMARY:   This policy guidance
                                            compliance date for the ban on third-                   Commission added municipal advisors                     establishes the Department’s intent to
                                            party solicitation until nine months                    to the definition of regulated person, the              make determinations to acknowledge
                                            after the compliance date of a final rule               Commission also extended the third-                     Federal Indian tribes within the
                                            adopted by the Commission by which                      party solicitor ban’s compliance date to                contiguous 48 states only in accordance
                                            municipal advisors must register under                                                                          with the regulations established for that
                                            the Securities Exchange Act of 1934                        1 Political Contributions by Certain Investment
                                                                                                                                                            purpose at 25 CFR part 83. This notice
                                            (‘‘final municipal advisor registration                 Advisers, Investment Advisers Act Rel. No. 3043
                                                                                                    (July 1, 2010) [75 FR 41018 (July 14, 2010)] (‘‘Pay     directs any unrecognized group
                                            rule’’) and indicated that notice with                  to Play Release’’).                                     requesting that the Department
                                            respect thereto would be provided in                       2 See id. at Section II.B.2.(b). See also 17 CFR
                                                                                                                                                            acknowledge it as an Indian tribe,
                                            the Federal Register. This notice of                    275.206(4)–5(a)(2)(i)(A).
                                                                                                                                                            through reaffirmation or any other
                                            compliance date is being published to                      3 See 17 CFR 275.206(4)–5(f)(9)(i).
                                                                                                                                                            alternative basis, to petition under 25
                                                                                                       4 See 17 CFR 275.206(4)–5(f)(9)(ii). While rule
                                            provide the notice of the compliance                                                                            CFR part 83 unless an alternate process
                                                                                                    206(4)–5 applies to any registered national
                                            date.                                                   securities association, the Financial Industry          is established by rulemaking following
                                            DATES: The compliance date for the ban                  Regulatory Authority (‘‘FINRA’’) is currently the       the effective date of this policy
                                                                                                    only registered national securities association under
                                            on third-party solicitation under 17 CFR                section 19(a) of the Securities Exchange Act of 1934
                                                                                                                                                            guidance.
                                            275.206(4)–5 [rule 206(4)–5] is July 31,                [15 U.S.C. 78s(b)]. As such, for convenience, we        DATES: This policy guidance is effective
                                            2015.                                                   will refer directly to FINRA in this notice of
                                                                                                                                                            July 1, 2015.
                                                                                                    compliance date when describing the exception for
                                            FOR FURTHER INFORMATION CONTACT:                                                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                    certain broker-dealers from the third-party solicitor
                                            Sirimal R. Mukerjee, Senior Counsel, or                 ban.                                                    Elizabeth Appel, Director, Office of
                                            Sarah A. Buescher, Branch Chief, at                        5 See 17 CFR 275.206(4)–5(f)(9)(iii). On June 22,
                                                                                                                                                            Regulatory Affairs & Collaborative
                                            (202) 551–6787 or IArules@sec.gov,                      2011, the Commission amended the Pay to Play
                                                                                                    Rule to add municipal advisors to the definition of
                                            Investment Adviser Regulation Office,                   ‘‘regulated persons.’’ See Rules Implementing
                                                                                                                                                              8 See Municipal Advisor Addition Release at

                                            Division of Investment Management,                      Amendments to the Investment Advisers Act of            section II.D.1.
                                            U.S. Securities and Exchange                            1940, Investment Advisers Act Rel. No. 3221 (June         9 See Political Contributions by Certain

                                            Commission, 100 F Street NE.,                           22, 2011) [76 FR 42950 (July 19, 2011)] (‘‘Municipal    Investment Advisers: Ban on Third-Party
                                                                                                    Advisor Addition Release’’). The Commission             Solicitation; Extension of Compliance Date,
                                            Washington, DC 20549–8549.                              adopted final rules with respect to the registration    Investment Advisers Act Rel. No. 3418 (June 8,
tkelley on DSK3SPTVN1PROD with RULES




                                            SUPPLEMENTARY INFORMATION: The                          of municipal advisors on September 20, 2013. See        2012) [77 FR 35263 (June 13, 2012)] (‘‘Extension
                                            Commission adopted rule 206(4)–5 [17                    Registration of Municipal Advisors, Exchange Act        Release’’).
                                                                                                    Release No. 70462 (Sept. 20, 2013) [78 FR 67468           10 The final date on which a municipal advisor
                                            CFR 275.206(4)–5] (‘‘Pay to Play Rule’’)                (Nov. 12, 2013)] (‘‘Municipal Advisor Registration      must file a complete application for registration was
                                            under the Investment Advisers Act of                    Release’’).                                             October 31, 2014. See Municipal Advisor
                                            1940 [15 U.S.C. 80b] to prohibit an                        6 See 17 CFR 275.206(4)–5(f)(9).                     Registration Release at section V.
                                            investment adviser from providing                          7 See Pay to Play Release at section III.              11 See the Extension Release.




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Document Created: 2015-12-15 13:19:07
Document Modified: 2015-12-15 13:19:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionCorrecting amendments.
DatesThis correction is effective July 1, 2015.
ContactLinda Cullen, Office of the Secretary at (202) 551-5400.
FR Citation80 FR 37537 
RIN Number3235-AL39
CFR AssociatedReporting and Recordkeeping Requirements and Securities

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