Overview

The Securities and Exchange Commission ("Commission' or "SEC') is adopting amendments to Rule 15c2-12 ("Rule 15c2-12' or "Rule') under the Securities Exchange Act of 1934 ("Exchange Act') relating to municipal securities disclosure. The amendments revise certain requirements regarding the information that a broker, dealer, or municipal securities dealer acting as an underwriter in a primary offering of municipal securities must reasonably determine that an issuer of municipal securities or an obligated person has undertaken, in a written agreement or contract for the benefit of holders of the issuer's municipal securities, to provide to the Municipal Securities Rulemaking Board ("MSRB'). Specifically, the amendments require a broker, dealer, or municipal securities dealer to reasonably determine that the issuer or obligated person has agreed to provide notice of specified events in a timely manner not in excess of ten business days after the event's occurrence; amend the list of events for which a notice is to be provided; and modify the events that are subject to a materiality determination before triggering a requirement to provide notice to the MSRB. In addition, the amendments revise an exemption from the Rule for certain offerings of municipal securities with put features (defined below as "demand securities'). The Commission also is providing interpretive guidance intended to assist municipal securities brokers, dealers, and municipal securities dealers in meeting their obligations under the antifraud provisions of the federal securities laws.

Prior Actions

Proposed Rule (34-60332)

Details

File Number
S7-15-09
Rule Type
Final
May 27, 2010
Effective Date

August 9, 2010, except Part 241 will be effective on June 10, 2010.

Compliance Date

December 1, 2010 with respect to §240.15c2-12

Document Citation

75 FR 33099