All things SEC
We've got this...
It’s getting closer to crunch time and we’ve now reviewed and analysed both the requirements of the Modernisation of Beneficial Ownership Reporting (13D and 13G) and the Short Sale Disclosure Reforms (13f-2).
SEC Changes: A 'short' update
Over 500 people joined our live webinar to dive deep into US short selling, and now you can catch it on demand! Curious about whether 13f-2 will be partially or fully vacated?
US short selling rules…inside
We now have 13f-2 rules inside our disclosure solutions - that’s right, rules are written, our community has been validating and functionality is live. We’re told we are first-to-market so let us take some pressure off, talk to us today and we’ll show you what we’ve got.
SHO Form…get set
As ever, the SEC is keeping everyone guessing on when they will release the XML schema. But we like the challenge and are ready…nay poised…to get it all ready in a jiffy. We already calculate all the data points required for the form, so we’re confident about being quick to get SHO Form done.
Remember...
We’ve got you covered for all things to do with US short selling and the Modernisation of Beneficial Ownership Reporting.
So, where exactly does FundApps fit into all of this?
The perfect data and spot-on submissions
With FundApps Shareholding Disclosure, you can effortlessly stay on top of regulations in over 100 jurisdictions related to beneficial ownership, short selling, and takeover panels. By automating the process, firms can easily manage growing disclosure volumes and remain adaptable to future compliance needs.
One-click short selling disclosure
Simplify the global short selling disclosure process with just one click. Whether you're handling 10 or 100 disclosures, navigating various regulators can be a headache - it's time-consuming and prone to errors. FundApps Filing Manager guides you on what, when, and where to disclose, with direct submission to regulators.
The headlines: What's new, what's changed, and what's important?
The SEC headliner grabbers for this year are the 13f-2 short selling rule and Form SHO. It's all about bringing transparency to short reporting as required by the Dodd-Frank Act. The compliance date is 2 January 2025 and there's a lot to unpack, make judgement calls on and get ready for. Institutional investment managers will need to be clear when reporting obligations are triggered, make sure they meet the data requirements (including any new data points), be able to file based on average end-of-day positions over an entire month, be clear which securities are in scope and which aren't - even without an official list - and report on Form SHO. EDGAR also comes into play.
Compliance with most of the amendments for the Modernisation of Beneficial Ownership was on 5 February 2024. But compliance with the accelerated Schedule 13G filing deadlines is on 30 September 2024 (and don't forget the new inclusion of derivatives securities) and the need for structured machine-readable data requirements for 13D and 13G is on 18 December 2024.
Recap the SEC's announcement here.
The change and the challenges
What's going to be difficult for compliance officers? The implementation of US short-selling rules and Form SHO is pushing financial institutions to embrace automation. The SEC's message is clear: it's time for firms to not just understand and adjust to these changes, but to proactively reshape their compliance strategies.
With over a decade of experience in this field, we not only have the expertise to help you become a LEADR in compliance monitoring and reporting but also ensure that the SEC changes have minimal impact on your operations and, most importantly, you can easily prove you are compliant.
It's worth noting
In December 2023, a group of petitioners including NAPFM, AIMA and MFA challenged the short sale rule, including its extraterritorial scope.
FundApps is monitoring the progress of this case.
SEC webinar: we brought in the pros for this one
Our latest webinar on SEC regulatory changes had a staggering 500 people completely captivated. SEC, client, and in-house experts ran over some of the main points and fielded over 50 questions. Don't miss out on the action!
The changes come with burning questions. Good news is that we have answers
What is the definition of "material" for purposes of 13G amendments?
Does the FundApps Shareholding Disclosure solution cover the 13G rule changes?
FundApps already covers the existing rules in our Shareholding Disclosure product, and updates to those will take effect on September 30, 2024. We're here to make sure compliance officers stay on top of their game, guiding them in monitoring their current positions according to the latest guidance. Plus, we're streamlining the process by automating the creation of the new machine-readable (XML) disclosure form for 13G.Get ready to enjoy all these updates as part of your Shareholding Disclosure subscription, without any extra charges.
Are cash-settled derivatives a must-report for QIIs and passive investors on forms 13D&G?
For the new 13f-2 rule, will non-US shorts be included?
All things SEC: The blogs
The new US short selling rules: what’s going to be difficult for compliance officers?
New US short selling rules bring challenges for compliance officers: expanded reporting, XML filings, issuer thresholds, and daily position tracking.
Why you should care about the latest SEC disclosure regulations
The latest SEC disclosure regulations have brought significant changes to beneficial ownership reporting and short sale disclosure rules.
SEC: Changes to Private Fund Reporting for US Investment Advisers
On 10 August 2022, the SEC voted 3-2 to propose amendments to Form PF (‘the Form’). Read more about these regulatory updates that may affect you directly.
SPACs and what you need to disclose under Section 13 of the SEA
Special Purpose Acquisition Companies are on the rise, but data providers won't provide reporting under Section 13 of the Securities and Exchange Act of 1934.
Changes to Section 13 & Short Sale Requirements | FundApps
Discover more about the new, proposed changes to Section 13 and the beneficial ownership and short-selling by the SEC from head of FundApps North America.
US Short Selling: will 13f-2 be partially or completely vacated?
Join FundApps’ expert panel webinar on Oct 22 2024, to discuss SEC short selling rules and hear Andy Haldane speak at Compliance LEADR in November.