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Chair Gensler's Insight on the SEC's New Regulatory Agenda | Skadden, Arps, Slate, Meagher & Flom LLP

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In prepared remarks on June 23, 2021, Chair Gary Gensler of the Securities and Exchange Commission (SEC) provided additional insight into the commission’s recently announced regulatory agenda and its shift in priorities. His statement and the agenda show that new public company disclosures will be at the forefront of upcoming and pending rulemakings. In response to the regulatory agenda, the two Republican commissioners, Hester Peirce and Elad Roisman, issued a joint statement voicing concerns about efforts to undo certain recently adopted rules.
Although the timing and ultimate outcome of the new rulemakings remain to be seen, public companies should expect to see a number of proposals in the coming months, which will be subject to public comments before final adoption by the SEC. Significant proposed and final SEC rulemaking items from both the short-term agenda and long-term agenda are summarized below. ....

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SEC Regulation of Stock Exchanges and Consolidated Tape Systems

SEC Regulation of Stock Exchanges and Consolidated Tape Systems
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NSCC Proposes to Increase the Minimum Required Fund Deposit

On Monday, May 10, 2021, the SEC issued a Notice that the National Securities Clearing Corporation filed a proposed rule change with the SEC to raise the amount of the Minimum Required Fund Deposit to be made and maintained by member firms using the NSCC. ....

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SEC Statement on Registered Funds Investing in Bitcoin Futures

Friday, May 14, 2021
On May 11, 2021, the staff of the Division of Investment Management (“IM”) within the Securities and Exchange Commission (“SEC”) issued a statement (the “Statement”) regarding the staff’s current views on funds registered under the Investment Company Act of 1940, as amended (the “1940 Act”) investing in bitcoin futures.
1 Although the Statement most directly illustrates the staff’s current stance toward mutual funds investing in bitcoin futures, more significantly, given the intense interest in potential bitcoin and other cryptocurrency products, the Statement is being scrutinized for what it might say about the willingness of the staff to approve exchange-traded products offering exposure to bitcoin or other cryptocurrencies. ....

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