SEC reopens comment periods for rulemaking releases

The reopening of the public comment periods was attributed to a technological error that resulted in several public comment letters submitted through the internet comment form not being received by the Commission. As such, the Commission is reopening the comment periods for the affected releases to ensure that all interested parties are able to comment. 

Applicability

• Press release: SEC Reopens Comment Periods for Several Rulemaking Releases Due to Technological Error in Receiving Certain Comments
• All companies

Relevant dates

• The reopened comment period for each proposal ends November 1, 2022.

Key impacts:

The reopening of the public comment periods was attributed to a technological error. Many of the affected comments were submitted in August 2022; however, the error is known to have occurred as early as June 2021.

To ensure that all interested parties can comment on the affected releases, the Commission is reopening the comment periods for both new and resubmitted comments for the following releases:

• Reporting of Securities Loans, Release No. 34-93613 (issued Dec 8, 2021)
• Prohibition Against Fraud, Manipulation, or Deception in Connection with Security-Based Swaps; Prohibition against Undue Influence over Chief Compliance Officers; Position Reporting of Large Security-Based Swap Positions, Release No. 34-93784 (Feb 4, 2022)
• Money Market Fund Reforms, Release No. IC-34441 (Feb 8, 2022)
• Share Repurchase Disclosure Modernization, Release Nos. 34-93783, IC-34440 (Feb 15, 2022)
• Short Position and Short Activity Reporting by Institutional Investment Managers, Release No. 34-94313; Notice of the Text of the Proposed Amendments to the National Market System Plan Governing the Consolidated Audit Trail for Purposes of Short Sale-Related Data Collection, Release No. 34-94314 (Mar 16, 2022)
• Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure, Release Nos. 33-11038, 34-94382, IC-34529 (Mar 23, 2022)
• Private Fund Advisers; Documentation of Registered Investment Adviser Compliance Reviews, Release No. IA-5955 (Mar 24, 2022)
• The Enhancement and Standardization of Climate-Related Disclosures for Investors Release Nos. 33-11042, 34-94478 (Apr 11, 2022)
• Special Purpose Acquisition Companies, Shell Companies, and Projections, Release Nos. 33-11048, 34-94546, IC-34549 (May 13, 2022)
• Investment Company Names, Release Nos. 33-11067, 34-94981, IC-34593 (June 17, 2022)
• Enhanced Disclosures by Certain Investment Advisers and Investment Companies About Environmental, Social, and Governance Investment Practices, Release Nos. 33-11068, 34-94985, IA-6034, IC-34594 (June 17, 2022)
• Request for Comment on Certain Information Providers Acting as Investment Advisers, Release Nos. IA-6050, IC-34618 (June 22, 2022)

Related content