Federal Register

How “location, location, location” can lead to “enforcement, enforcement, enforcement”

Retrieved on: 
Friday, April 12, 2024

How “location, location, location” can lead to “enforcement, enforcement, enforcement”

Key Points: 

How “location, location, location” can lead to “enforcement, enforcement, enforcement”

SEC Adopts Reforms Relating to Investment Advisers Operating Exclusively Through the Internet

Retrieved on: 
Wednesday, March 27, 2024

Washington, D.C.--(Newsfile Corp. - March 27, 2024) - The Securities and Exchange Commission today adopted amendments to the rule permitting certain internet investment advisers to register with the Commission (the “internet adviser exemption”).

Key Points: 
  • Washington, D.C.--(Newsfile Corp. - March 27, 2024) - The Securities and Exchange Commission today adopted amendments to the rule permitting certain internet investment advisers to register with the Commission (the “internet adviser exemption”).
  • The amendments will require an investment adviser relying on the internet adviser exemption to have at all times an operational interactive website through which the adviser provides digital investment advisory services on an ongoing basis to more than one client.
  • “These amendments modernize a 22-year-old rule to better protect investors in a digital age,” said SEC Chair Gary Gensler.
  • Most investment advisers will have filed their annual updating amendments to Form ADV by this date i.e., 90 days after the Dec. 31, 2024, fiscal year end).

Wolters Kluwer compliance professionals to discuss new Community Reinvestment Act regulations

Retrieved on: 
Friday, March 15, 2024

Compliance professionals from Wolters Kluwer Compliance Solutions will host a webinar this month to discuss key definitional changes under the final rule amending the Community Reinvestment Act (CRA) regulations.

Key Points: 
  • Compliance professionals from Wolters Kluwer Compliance Solutions will host a webinar this month to discuss key definitional changes under the final rule amending the Community Reinvestment Act (CRA) regulations.
  • Regulatory compliance professionals Jason Keller and Kris Stewart of the Wolters Kluwer Financial & Corporate Compliance division will provide an overview of these definitional changes to help guide CRA practitioners through their organizations’ updated rule implementation processes.
  • Reporters wishing to arrange an interview on navigating CRA compliance obligations with Wolters Kluwer experts, such as Keller and Stewart, are invited to contact David Feider , Associate Director, External Communications, Wolters Kluwer FCC.
  • Wolters Kluwer Compliance Solutions is a market leader and trusted provider of risk management and regulatory compliance solutions and services to U.S. banks, credit unions, insurers and securities firms.

XCL Resources Seeks FTC’s Prior Approval for Altamont Energy Acquisition

Retrieved on: 
Tuesday, April 2, 2024

The Federal Trade Commission is requesting public comment on an application from XCL Resources Holdings, LLC, a subsidiary of private equity firm EnCap Investment L.P., seeking prior approval from the agency to complete its proposed acquisition of Altamont Energy, LLC, an oil and gas operator in the Uinta Basin region of Utah.

Key Points: 
  • The Federal Trade Commission is requesting public comment on an application from XCL Resources Holdings, LLC, a subsidiary of private equity firm EnCap Investment L.P., seeking prior approval from the agency to complete its proposed acquisition of Altamont Energy, LLC, an oil and gas operator in the Uinta Basin region of Utah.
  • XCL’s petition to the FTC stems from the Commission’s 2022 final order regarding EnCap Energy Capital Fund XI, L.P.’s $1.445 billion acquisition of EP Energy Corp.
  • XCL is a private equity-owned oil and gas company based in Houston, Texas.
  • For the latest news and resources, follow the FTC on social media, subscribe to press releases and read our blog.

FTC Implements New Protections for Businesses Against Telemarketing Fraud and Affirms Protections Against AI-enabled Scam Calls

Retrieved on: 
Tuesday, April 2, 2024

The Federal Trade Commission today announced a final rule extending telemarketing fraud protections to businesses and updating the rule’s recordkeeping requirements in light of developments in technology and the marketplace. The Commission also announced a proposed rule that would provide the agency with significant new tools to combat tech support scams. Both actions are part of the Commission’s current review of the Telemarketing Sales Rule (TSR), which includes the Do Not Call Registry (DNC) rules and provisions banning nearly all telemarketing robocalls to consumers.

Key Points: 


The Federal Trade Commission today announced a final rule extending telemarketing fraud protections to businesses and updating the rule’s recordkeeping requirements in light of developments in technology and the marketplace. The Commission also announced a proposed rule that would provide the agency with significant new tools to combat tech support scams.

  • Both actions are part of the Commission’s current review of the Telemarketing Sales Rule (TSR), which includes the Do Not Call Registry (DNC) rules and provisions banning nearly all telemarketing robocalls to consumers.
  • Importantly, the FTC also affirms the TSR’s prohibitions on robocalls using voice cloning technology.

The Current Regulatory Review


Both the final rulemaking and notice of proposed rulemaking announced today stem from the Commission’s regulatory review of the TSR and address public comments received as part of that review. In April 2022, the FTC proposed extending telemarketing protections to businesses and strengthening safeguards against other pernicious telemarking tactics plaguing consumers. The final rule announced today implements updates that:

The Tech Support Notice of Proposed Rulemaking

  • The notice of proposed rulemaking announced today proposes amending the TSR to extend its coverage to inbound telemarketing calls involving technical support services.
  • The proposed amendment is needed due to the widespread deception and consumer injury caused by tech support scams, including those in which consumers call supposed tech support operations in response to advertising.
  • The Commission also is seeking comments on a proposed definition of tech support scams.

FTC to Hold Virtual Informal Hearing on April 24, 2024 As Part of its Review of the Proposed Rule Prohibiting Junk Fees

Retrieved on: 
Tuesday, April 2, 2024

The Federal Trade Commission will hold a virtual informal hearing on April 24, 2024, on its proposed Rule on Unfair or Deceptive Fees, commonly known as junk fees.

Key Points: 
  • The Federal Trade Commission will hold a virtual informal hearing on April 24, 2024, on its proposed Rule on Unfair or Deceptive Fees, commonly known as junk fees.
  • On October 11, 2023, the Federal Trade Commission announced a proposed rule to prohibit junk fees.
  • In response to the proposed rulemaking, 17 commenters requested to present their positions at an informal hearing.
  • The Federal Register notice states that these entities will be entitled to make oral presentations at the informal hearing on April 24, 2024.

SEC Adopts Amendments to Enhance Disclosure of Order Execution Information

Retrieved on: 
Wednesday, March 6, 2024

Rule 605 was adopted in 2000 to help the public compare and evaluate execution quality at different market centers.

Key Points: 
  • Rule 605 was adopted in 2000 to help the public compare and evaluate execution quality at different market centers.
  • The amendments expand the scope of entities that must produce monthly execution quality reports to include broker-dealers with a larger number of customer accounts and single dealer platforms.
  • The amendments will capture more relevant execution quality information for certain order types by requiring statistics to be reported from the time such orders become “executable.”
    Further, the amendments change how orders are categorized by order size as well as how they are categorized by order type.
  • As part of the changes to the order size categories, the amendments modify Rule 605 to capture execution quality information for fractional share orders, odd-lot orders, and larger-sized orders.

SEC Adopts Rules to Enhance and Standardize Climate-Related Disclosures for Investors

Retrieved on: 
Wednesday, March 6, 2024

Washington, D.C.--(Newsfile Corp. - March 6, 2024) - The Securities and Exchange Commission today adopted rules to enhance and standardize climate-related disclosures by public companies and in public offerings.

Key Points: 
  • Washington, D.C.--(Newsfile Corp. - March 6, 2024) - The Securities and Exchange Commission today adopted rules to enhance and standardize climate-related disclosures by public companies and in public offerings.
  • Investors get to decide which risks they want to take so long as companies raising money from the public make what President Franklin Roosevelt called ‘complete and truthful disclosure,’” said SEC Chair Gary Gensler.
  • The rules will provide investors with consistent, comparable, and decision-useful information, and issuers with clear reporting requirements.
  • Further, they will provide specificity on what companies must disclose, which will produce more useful information than what investors see today.

Institute of Internal Auditors Reviewing SEC's New Climate Change Disclosure Rule

Retrieved on: 
Thursday, March 7, 2024

LAKE MARY, Fla., March 7, 2024 /PRNewswire/ -- The Institute of Internal Auditors (The IIA) – the internal audit profession's leader in standards, certifications, education, research, and technical guidance worldwide – is currently reviewing the U.S. Securities and Exchange Commission (SEC)'s newly-issued Climate Change Disclosure Rule.

Key Points: 
  • LAKE MARY, Fla., March 7, 2024 /PRNewswire/ -- The Institute of Internal Auditors (The IIA) – the internal audit profession's leader in standards, certifications, education, research, and technical guidance worldwide – is currently reviewing the U.S. Securities and Exchange Commission (SEC)'s newly-issued Climate Change Disclosure Rule.
  • Following publication of the SEC's draft rule in March 2022, The IIA submitted a comment letter, in which it highlighted the need for effective governance over climate disclosures.
  • For internal auditors, the final rule involves new areas of review and assurance to the board regarding compliance with the new rule.
  • For more information on ESG-related resources for the internal audit profession, please visit The IIA's ESG Knowledge Center.

Commerce Department Announces Affirmative Preliminary Subsidy Determinations on Imports of Aluminum Extrusions from China, Indonesia, Mexico, and Turkey, Wiley Rein LLP Reports

Retrieved on: 
Tuesday, March 5, 2024

Today's determinations by Commerce establish the preliminary duty rates in the subsidies portion of the investigations.

Key Points: 
  • Today's determinations by Commerce establish the preliminary duty rates in the subsidies portion of the investigations.
  • These are preliminary determinations only, and subsidy rates may increase before the final determination.
  • They do not yet include the rates from the ongoing antidumping duty investigations of aluminum extrusions from China, Indonesia, Mexico, and Turkey, which will be added to the preliminary subsidy rates.
  • Duty evasion, absorption, and circumvention are illegal and closely monitored by U.S. Customs and Border Protection, in conjunction with the Commerce Department.