Category: SEC-2404

Securities and Exchange Commission (SEC)

April 2024 Press Releases

SEC-PR-2024-50

SEC NEWS - SEC-PR-2024-50SEC-PR-2024-50 (APR. 25, 2024)

PRESS RELEASE | 2024-50

SEC Small Business Advisory Committee to Discuss Regulation Crowdfunding and the State of Angel Investing.

Washington D.C., April 25, 2024 — The Securities and Exchange Commission’s Small Business Capital Formation Advisory Committee today released the agenda for its meeting on Monday, May 6, 2024. The meeting will include a discussion of Regulation Crowdfunding (Reg CF) and activity and trends in angel investing. Members of the public can watch the live meeting via webcast on www.sec.gov.

The Committee, which provides advice and recommendations to the Commission on rules, regulations, and policy matters relating to small businesses, will start the morning session by continuing to explore ways to expand access to early-stage capital raising, with a deep dive into Reg CF. The Committee will discuss successes to-date, challenges, and whether there are potential changes that could improve the exemption. SEC staff will share background information on the regulatory framework, and Committee members will hear from an invited guest about her recent academic report and about the experiences and outcomes of women and under-represented entrepreneurs who participated in Reg CF.

In the afternoon session, following remarks from the Director of the SEC’s Office of Strategic Hub for Innovation and Financial Technology, the Committee will explore the state of angel investing. Angel investors play a critical role in supporting early-stage companies, yet angel investments have slowed over the past year. Members will share their experiences on how capital raising trends and the current market are affecting angel investors, angel funds, and the companies they support. As part of this discussion, the Committee will explore how angel investors make decisions, their views on investment risk, and consider whether there are ways to encourage more angel investment activity.

The full agenda ⊗, meeting materials, and information on how to watch the meeting are available on the Committee webpage ⊗.


RELATED INFORMATION:
  • n/a

SEC-PR-2024-49

SEC NEWS - SEC-PR-2024-49SEC-PR-2024-49 (APR. 24, 2024)

PRESS RELEASE | 2024-49

SEC Staff Publishes New Registered Fund Statistics Report

Washington D.C., April 24, 2024 — The staff of the Securities and Exchange Commission today published a new report of Registered Fund Statistics, which is based on aggregated data reported by SEC-registered funds on Form N-PORT. The new report, which will be updated on a quarterly basis, is designed to provide the public with a regular and detailed picture of the registered funds industry—with its more than 12,000 funds and more than $26 trillion in total net assets under management. The report provides key industry statistics and shows trends over time, including information and trends related to portfolio holdings, flows and returns, interest rate risk, and other exposures across U.S. mutual funds, exchange-traded funds, closed-end funds, and other registered funds.

“Providing data to the public is one of the more consequential things a government agency does,” said SEC Chair Gary Gensler. “This new report will give the public a view into the registered fund industry. Investors, issuers, economists, academics, and the public at large benefit from such regularly published economic data.”

Registered Fund Statistics contains the first aggregated report that reflects both the public and non-public information filed on Form N-PORT, and most of the aggregated data in the more than 70 separate tables of the report is being made public for the first time. Also, the public may download the statistics reported in Registered Fund Statistics in a structured format, which will provide the historical statistical series of information with each publication of the report.

“The publication of this data will provide valuable information to a wide range of users,” said SEC Chief Economist Jessica Wachter. “Data that is accessible and useable by the public provides greater transparency into our capital markets.”

“This report provides the public an unprecedented view of the composition and activities of registered funds,” said Tim Husson, head of the Division of Investment Management’s Analytics Office. “We welcome feedback on the report, which we believe will assist the public dialogue on issues pertaining to the asset management industry.”

The Division of Investment Management has primary responsibility for administering the Investment Company Act of 1940 and Investment Advisers Act of 1940, including oversight of investment companies, such as mutual funds, money market funds, and ETFs, and for investment advisers. The Division’s Analytics Office provides the Division and the SEC with practical reviews and actionable analyses of the asset management industry.

The report is available on the SEC’s website here ⊗.


RELATED INFORMATION:

SEC-PR-2024-48

SEC NEWS - SEC-PR-2024-48SEC-PR-2024-48 (APR. 17, 2024)

PRESS RELEASE | 2024-48

SEC’s Division of Investment Management to Host Second Annual Conference on Emerging Trends in Asset Management

Washington D.C., April 17, 2024 — The Securities and Exchange Commission’s Division of Investment Management (IM) today announced it will host the second annual Conference on Emerging Trends in Asset Management on Thursday, May 16, 2024. The conference will bring together a variety of asset management industry participants, regulators, and academics to discuss emerging trends in asset management. The full agenda with a list of speakers is available here ⊗.

Conference topics will include:

  • Trends in Asset Management Products and Strategies
  • Asset Management Trends: Past, Present and Future
  • Technology-Driven Trends
  • Regulatory Perspectives

SEC Chair Gary Gensler, IM Division Director Natasha Vij Greiner, and Division staff will participate in the conference. 

The conference is open to the public both in person at SEC headquarters and via live webcast at https://www.sec.gov/ from 9 a.m. to 5 p.m. ET. Conference registration for both in person and on-line attendees will be open until May 14, 2024. The conference will be archived on SEC.gov for later viewing.

The Division of Investment Management is responsible for administering the Investment Company Act of 1940 and Investment Advisers Act of 1940, including developing regulatory policy for investment advisers and investment companies such as mutual funds, money market funds, closed-end funds, business development companies, unit investment trusts, variable insurance products, and exchange-traded funds. To learn more information about asset management and the work of the Division, please visit IM’s webpage ⊗.


RELATED INFORMATION:
  • n/a

SEC-PR-2024-47

SEC NEWS - SEC-PR-2024-47SEC-PR-2024-47 (APR. 17, 2024)

PRESS RELEASE | 2024-47

Securities and Exchange Commission Issues Second Fee Rate Advisory for Fiscal Year 2024

Washington D.C., April 17, 2024 — The Securities and Exchange Commission today announced that, starting on May 22, 2024, the fee rates applicable to most securities transactions will be set at $27.80 per million dollars.

Consequently, each self-regulatory organization will continue to pay the Commission a rate of $8 per million for covered sales occurring on charge dates through May 21, 2024, and a rate of $27.80 per million for covered sales occurring on charge dates on or after May 22, 2024.

Pursuant to 15 U.S.C. § 78ee, the SEC sets fiscal-year fee rates after the agency receives its full-year appropriation. Until the new rate becomes effective, the existing rate stays in place. In fiscal year 2023, the fee rate was $8 per million, and that fee rate will stay in effect during the first eight months of FY 2024. Because the rate did not increase at the beginning of FY 2024, and because the SEC did not receive its full-year appropriation until March 2024, the fee rate for the remainder of the year increased to balance collections to the targeted collection amount.

For more information on the term “charge date,” please refer to Rule 31(a)(3) and Exchange Act Release No. 49928 at http://www.sec.gov/rules/final/34-49928.htm.

The assessment on security futures transactions will remain unchanged at $0.0042 for each round turn transaction.

The Commission determined these new rates in accordance with Section 31 of the Securities Exchange Act of 1934. These adjustments do not directly affect the amount of funding available to the SEC.

The Office of Interpretation and Guidance in the SEC’s Division of Trading and Markets is available for questions on Section 31 at (202) 551-5777, or by email at tradingandmarkets@sec.gov.

The Commission will issue further notices as appropriate to keep the public informed of developments relating to fees under Section 31. These notices will be posted at the SEC’s website at http://www.sec.gov.


RELATED INFORMATION:

SEC-PR-2024-46

SEC NEWS - SEC-PR-2024-46SEC-PR-2024-46 (APR. 12, 2024)

PRESS RELEASE | 2024-46

SEC Charges Five Investment Advisers for Marketing Rule Violations

Washington D.C., April 12, 2024 — The Securities and Exchange Commission today announced settled charges against five registered investment advisers for Marketing Rule violations. All five firms have agreed to settle the SEC’s charges and to pay $200,000 in combined penalties.

The five advisory firms are:

  • GeaSphere LLC
  • Bradesco Global Advisors Inc.
  • Credicorp Capital Advisors LLC
  • InSight Securities Inc.
  • Monex Asset Management Inc.

The SEC’s orders found that the five firms advertised hypothetical performance to the general public on their websites without adopting and implementing policies and procedures reasonably designed to ensure that the hypothetical performance was relevant to the likely financial situation and investment objectives of each advertisement’s intended audience, as required by the Marketing Rule. Bradesco, Credicorp, InSight, and Monex received reduced penalties because of the corrective steps they undertook in advance of being contacted by the SEC staff.

According to the order, GeaSphere also violated other regulatory requirements, including by making false and misleading statements in advertisements, advertising misleading model performance, being unable to substantiate performance shown in its advertisements, and failing to enter into written agreements with people it compensated for endorsements. The order further finds that GeaSphere committed recordkeeping and compliance violations and made misleading statements about its performance to a registered investment company client and that the misleading statements were included in the client’s prospectus filed with the Commission.

“The Marketing Rule’s provisions are crucial to protecting investors from misleading advertising claims,” said Corey Schuster, Co-Chief of the SEC Enforcement Division’s Asset Management Unit. “Today’s actions show that we will continue to employ targeted initiatives to ensure that investment advisers fully comply with their obligations under the rule. They also serve as a reminder of the benefits to firms that take corrective steps before being contacted by Commission staff.”

Without admitting or denying the SEC’s findings, all of the firms consented to the entry of orders finding that they violated the Investment Advisers Act of 1940 and ordering them to be censured, cease and desist from violating the charged provisions, and comply with certain undertakings. GeaSphere agreed to pay a civil penalty of $100,000. Bradesco, Credicorp, InSight, and Monex agreed to pay civil penalties ranging from $20,000 to $30,000, which reflected certain corrective steps taken by each of these firms prior to being contacted by the Commission staff.

This is the second set of cases that the Commission has brought as part of an ongoing targeted sweep concerning Marketing Rule violations after charging nine advisory firms in September 2023.

The SEC’s investigations were conducted by Marilyn Ampolsk, Anne Hancock, Jonathan Menitove, Donna Norman, and Emily Shea under the supervision of Colin Forbes, Brianna Ripa, Mr. Schuster, and Andrew Dean, all of the Division of Enforcement’s Asset Management Unit. The team was assisted by accountant Rory Alex; Alex Lefferts of the Division of Enforcement’s Office of Investigative and Market Analytics; Janet Grossnickle, Julia Gilmer, Jennifer Paul, and Jennifer Sawin of the SEC’s Division of Investment Management; Stuart Jackson of the SEC’s Division of Economic and Risk Analysis; and Robert Baker, Michael McGrath, and Kamran Beikmohamadi of the SEC’s Division of Examinations.


RELATED INFORMATION:
  • SEC Order – GeaSphere ⊗ (PDF)
  • SEC Order – InSight Securities ⊗ (PDF)
  • SEC Order – Monex Asset Management ⊗ (PDF)
  • SEC Order – Credicorp Capital Advisors ⊗ (PDF)
  • SEC Order – Bradesco Global Advisors ⊗ (PDF)

SEC-PR-2024-45

SEC NEWS - SEC-PR-2024-45SEC-PR-2024-45 (APR. 4, 2024)

PRESS RELEASE | 2024-45

Register for the SEC’s 43rd Annual Small Business Forum April 16-18

Washington D.C., April 4, 2024 — The Securities and Exchange Commission’s Office of the Advocate for Small Business Capital Formation will host the SEC’s 43rd Annual Government-Business Forum on Small Business Capital Formation during three virtual sessions April 16-18 from 1-2:30 p.m. ET.

The Forum is a unique event where members of the public and private sectors gather to provide feedback to improve capital-raising policy. The event will feature appearances by each of the Commissioners and an exciting lineup of speakers with fresh perspectives on capital raising. Sessions will focus on the following topics:

Tuesday, April 16: Amplifying Early-Stage Stories

Wednesday, April 17: Opening the Dialogue on Investing

Thursday, April 18: Catching up with Small Caps

At the end of each day’s session, registered participants will have the opportunity to prioritize capital-raising policy recommendations to the Commission and Congress. After the event, a report with the recommendations will be delivered to Congress.

Individuals should register here to participate. By registering, participants will have the opportunity to prioritize policy recommendations and ask questions live during the virtual event. Alternatively, members of the public can watch the broadcast live each day on https://www.sec.gov/ without registering.

Members of the public are invited to submit policy ideas in advance using the submission portal by close of business April 12, 2024. For questions about registration, how to submit policy recommendations, or other issues relating to this year’s Forum, please email smallbusiness@sec.gov ⊗.

The 2023 Forum Report ⊗ (PDF) summarizing last year’s forum proceedings and the recommendations of participants was released on Sept. 26, 2023.


RELATED INFORMATION:
  • n/a

SEC-PR-2024-44

SEC NEWS - SEC-PR-2024-44SEC-PR-2024-44 (APR. 3, 2024)

PRESS RELEASE | 2024-44

SEC Charges Advisory Firm Senvest Management with Recordkeeping and Other Failures

Washington D.C., April 3, 2024 — The Securities and Exchange Commission today announced charges against registered investment adviser Senvest Management LLC for widespread and longstanding failures to maintain and preserve certain electronic communications. The SEC also charged Senvest with failing to enforce its code of ethics. To settle this matter, Senvest admitted the facts set forth in the Commission’s order, acknowledged that its conduct violated the federal securities laws, and agreed to pay a $6.5 million penalty and to implement improvements to its compliance policies and procedures.

According to the Commission’s order, from at least January 2019 through December 2021, Senvest employees at various levels of authority communicated about company business internally and externally using personal texting platforms and other non-Senvest messaging applications in violation of the firm’s policies and procedures. Senvest also failed to maintain or preserve the off-channel communications as required under the federal securities laws and the firm’s policies and procedures. In one instance, three senior employees engaged in off-channel communications on personal devices that were set to automatically delete messages after 30 days. Additionally, the order finds that certain Senvest employees failed to adhere to provisions of the firm’s code of ethics requiring them to obtain pre-clearance for all securities transactions in their personal accounts.

“The Commission continues to focus on regulated entities’ compliance with the recordkeeping requirements. Adherence to these requirements is essential for the Commission to effectively exercise its regulatory oversight and enforce the federal securities laws,” said Eric Werner, Director of the Fort Worth Regional Office.

The order finds that Senvest violated certain recordkeeping and ethics provisions of the Investment Advisers Act of 1940 and failed to reasonably supervise with a view to preventing and detecting violations. In addition to the $6.5 million penalty, Senvest was censured and ordered to cease and desist from future violations of the relevant provisions of the federal securities laws. The firm also agreed to retain a compliance consultant to, among other things, conduct comprehensive reviews of its policies and procedures relating to the retention of electronic communications found on personal devices and the framework for addressing non-compliance by its employees with those policies and procedures.

The SEC’s investigation was conducted by Tom Keltner, Jaime Marinaro, and Jeaneen Kappell of the Fort Worth Regional Office and was supervised by Timothy McCole, B. David Fraser, and Mr. Werner.


RELATED INFORMATION:

SEC-PR-2024-43

SEC-PR-2024-43 (APR. 2, 2024)

PRESS RELEASE | 2024-43

SEC Encourages Investors to Plan for Their Financial Future During Financial Capability Month.

Washington D.C., April 2, 2024 — The Securities and Exchange Commission’s Office of Investor Education and Advocacy (OIEA) today announced that its theme for April’s National Financial Capability Month is, “What does your financial future look like? Having a plan can help answer the question.”

During the month of April, SEC leadership and staff will highlight the importance of creating a saving and investing plan to help investors meet their financial goals, and will encourage them to take advantage of the free tools and resources available on https://www.investor.gov/. Investor education events will take place across the U.S. with various audiences, including students, underrepresented communities, older investors, and the military.

“Investors turn to our capital markets every day, whether to grow a nest egg, plan for retirement, save for an education, or prepare for the inevitable bumps along the way,” said SEC Chair Gary Gensler. “To be an informed investor is to be a more effective investor, and I encourage the public to take advantage of the many resources we offer on Investor.gov.”

Some of the SEC’s latest resources to educate investors about the importance of financial capability and avoiding fraud, include:

“The loud budgeting concept can be an empowering way to take control of your financial future,” said Director Lori Schock. “Creating a saving and investing plan that helps you meet your financial goals and sharing those ideals and goals with your family and friends may not only help you stay more committed to your decision-making but can provide you with support to help you stick with your plan for the long term.”

Some of the SEC’s events planned for Financial Capability Month, include reaching out to the following:

Older Investors – As part of its ongoing Never Stop Learning initiative ⊗, OIEA leadership and staff will participate in interviews, webinars, and other events aimed at providing investor education and fraud prevention resources to older investors. OIEA leadership will appear on a Facebook Live event with the AARP Fraud Watch Network and The Senior Zone radio program. SEC regional office and headquarters staff will conduct webinars and give presentations to older adults at public libraries and community centers.

High School and College Students – OIEA staff will lead financial education activities for high school and college students throughout the month. OIEA staff will present to Washington, D.C., public high school students, leading lessons on investor education basics and concepts like the power of compound growth and avoiding scams. Staff will engage with additional schools to educate high school students about the importance of building wealth throughout their lifetime and help them realize the benefits of starting young to grow their money over time. OIEA staff will give guest lectures to college students at Haskell Indian Nations University, Kansas State University, and Dalton State College. Guest lectures will cover investor education topics, such as the relationship between paying down debt, saving and investing, how to avoid fraud, and the importance of creating a saving and investing plan. OIEA staff will also join financial education events for students and young adults hosted by the New York City Bar Association. SEC regional office and headquarters staff will also present to Historically Black College and University student groups at Morgan State University and other universities and community colleges.

Service Members – OIEA staff will present to service members at military installations across the country. Programs will focus on building wealth, protecting investments by recognizing and avoiding scams, and discussing the benefits of tax-advantaged retirement plans, including the military’s Thrift Savings Plan. Outreach events will include active duty, reserve, and retired service members, as well as veterans and military families. This work builds on the SEC’s ongoing investor education outreach with service members, veterans, and their families.

Community Organizations and Affinity Groups – OIEA staff will conduct “train the trainer” sessions for financial educators at the Creating Assets, Savings and Hope (CASH) Campaign of Maryland Financial Education Summit. OIEA staff will also present a Building Wealth Over Time workshop to Howard County, Maryland, community members as part of their Money Matters community event series. OIEA staff will participate in a Washington, D.C., job training and life skills event for formerly incarcerated citizens. SEC regional office and headquarters staff will engage in dozens of outreach events across the country, including investor education presentations to employee groups, women’s groups, and more.


RELATED INFORMATION:
  • n/a