All Waivers articles

  • Blog

    Waters’ bill seeks to improve SEC waiver process


    Congresswoman Maxine Waters has introduced a bill intended to ensure a fair and public process for waiving automatic disqualification provisions. The issue of waivers is a longstanding one for the Commission.

  • Blog

    Aguilar: SEC Should Consider Conditional Waivers, Online Database


    Image: SEC Commissioner Luis Aguilar wants the agency to bring more clarity to its process for issuing waivers to companies sanctioned for misconduct, including a new “conditional waiver” process and an online database to shed more light on who asks for waivers and how often they are granted or declined. ...

  • Blog

    Despite LIBOR Manipulation, SEC Grants Deutsche Bank Waiver


    Image: The SEC has decided not to let an admission of LIBOR manipulation result in the loss of Deutsche Bank’s well-known seasoned issuer status. “It is safe to assume that these waiver requests will continue to roll in, as issuers are now emboldened by an unofficial Commission policy to overlook ...

  • Blog

    Warren on the Warpath: Slams SEC, Pitches Financial Reforms


    Image: Slamming the SEC and Justice Department for a “slap on the wrist” approach to enforcement, Sen. Elizabeth Warren, in a recent speech, also championed a slate of financial reforms, including a transaction tax to restrain high-frequency trading, restoring the former Glass-Steagall Act, and reducing the size and risk of ...

  • Blog

    SEC Details Its Criteria for ‘Bad Actor’ Waivers


    Amid a fierce debate among commissioners, the SEC’s Division of Corporation Finance has issued guidance on how and when waivers will be granted for companies that face disqualification from registration exemptions when raising capital. Determinations will include whether the misconduct was isolated, company leadership was involved, and training and remediation ...

  • Blog

    SEC Chairman Weighs in on Waiver Dispute


    Image: For more than a year, the SEC has been divided over the use of waivers that allow firms to engage in capital-raising activities despite an enforcement action. For the first time, SEC Chairman Mary Jo White has entered the fray. Waivers should not be wielded as an enforcement tool, ...

  • Blog

    New Guidance on SEC Waivers, Exemptions in the Works


    Companies seeking waivers that allow them to retain exemptive relief despite an enforcement action may soon get fresh guidance from the Securities and Exchange Commission on how that increasingly contentious process will work in the future. Speaking at a conference in Washington D.C., Elizabeth Murphy, an associate director for ...