Michael Wiener is a Partner in the Lakeland office and Woodrow Vaughan is a Partner in the Atlanta office.
HIGHLIGHTS:
- On July 31, 2014, the SEC issued a press release regarding an extension of the deadline for its Municipalities Continuing Disclosure Cooperation initiative (MCDC).
- The extended deadline applies to issuers and obligors to self-report potential violations from Sept. 10, 2014, to Dec. 1, 2014. The deadline for underwriters of Sept. 10, 2014, has not been changed.
On July 31, 2014, the Securities and Exchange Commission (SEC) issued a press release regarding an extension of the deadline for its Municipalities Continuing Disclosure Cooperation initiative (MCDC). The extended deadline applies to issuers and obligors to self-report potential violations from Sept. 10, 2014, to Dec. 1, 2014. The deadline for underwriters of Sept. 10, 2014, has not been changed. Under the MCDC initiative (announced on March 10, 2014), the SEC Enforcement Division agreed to recommend standardized settlement terms for municipal issuers and underwriters who self-report that inaccurate statements were made in bond offerings regarding their prior compliance with continuing disclosure requirements under the Securities Exchange Act of 1934. (For a summary of the MCDC initiative, see the Holland & Knight Public Finance alert, " SEC Initiative Encourages Continuing Disclosure Violation Self-Reporting by Issuers and Underwriters," April 8, 2014.)
Additionally, under the MCDC initiative the Enforcement Division will recommend that the SEC accept settlement terms for eligible underwriters that, among other things, include payment of civil penalties up to specified amounts. According to the SEC press release, the SEC has also implemented a new tiered approach to civil penalties based on the size of the firm. The following is the new tiered approach for underwriters with 2013 reported total annual revenue:
- more than $100 million: $500,000 penalty
- between $20 million and $100 million: $250,000 penalty
- less than $20 million: $100,000 penalty
The SEC stated in its press release that:
Holland & Knight attorneys are assisting a number of issuers and underwriters in analyzing whether or not filings should be made under the MCDC. If you have any questions regarding the SEC press release, the MCDC initiative or the self-reporting process, please contact our Public Finance Team.
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