Thursday, December 29, 2016

SEC Chief Plans a Defiant Departure

SEC Chair Mary Jo White is not sticking around at the SEC after the inauguration next month. But she does not plan to be idle in her remaining time at the Commission. In a pointed response to an earlier request by GOP senators to stop issuing new rules called for by Dodd-Frank, White has vowed to push ahead with a list of open regulatory matters.  Chairman White’s letter strikes a defiant tone and asserts the necessary and statutory independence of the SEC from political meddling.   

 

Chairman White listed nine matters that she will submit to vote of the Commission in the short days remaining in her tenure: 

 

  1. Adoption of rules to establish capital, margin, and segregation requirements for security-based swap dealers and major security-based swap participants;
  2. Adoption of rules regarding recordkeeping, reporting, and notification requirements for security-based swap dealers and major security-based swap participants;
  3. Adoption of rules regarding the orderly liquidation of certain broker dealers;
  4. Adoption of rules regarding the orderly liquidation of certain broker dealers;
  5. Adoption of Rule 30e-3 regarding an optional method forinvestment companies to transmit shareholder reports by web posting;
  6. Adoption of rules to regulate registered investment companies' use of derivatives and require enhanced risk management measures;
  7. Adoption of rules to facilitate certain communications in connection with security-based swap transactions;
  8. Proposal of rules to require the use ofthe inline XBRL format in the submission of certain Commission filings; and
  9. Request for comment on statistical and other disclosures by bank holding companies and other financial institutions.

Each of these matters has been on the Commission’s agenda for awhile, Chairman White said. And she sees no reason to deviate from the work already in progress to accommodate Congressional meddling:

 

"I am not insensitive to the issues raised by your letter and have carefully considered what impact, if any, the election would have on the current work of the Commission. As part of that analysis, I have confirmed that the Commission historically has proceeded with their work during comparable post-election periods. . . I do not believe this Commission should deviate from its historical practice of independently carrying out its duties." 

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