An investment adviser settled charges with the SEC for failing to timely disclose the adviser's "control" purpose, with respect to an issuer whose shares it had acquired for the account of a hedge fund that it managed.
News & Insights
SEC Director of Enforcement, Gurbir S. Grewal highlighted the challenge of ensuring that companies and investment firms make truthful ESG disclosures, and the tendency of some entities to exaggerate positive ESG activities or downplay negative ESG-related information.
The SEC postponed the effective date of the "Share Repurchase Disclosure Modernization Rule," which requires issuers to provide additional information on the purpose of their repurchase programs. The SEC announced a stay of the "Repurchase Rule" in order to address Administrative Procedure Act deficiencies found by the Fifth Circuit Court of Appeals.
SEC Commissioner Mark T. Uyeda argued that companies must act to maximize shareholder value and not place the interests of investors subservient to private ESG interests.
The SEC set an effective date of December 11, 2023 for rule amendments that prevent investment companies from adopting names that may mislead investors. The date was published in the Federal Register.