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Dodd Frank Act | SEONewsWire.net http://www.seonewswire.net Search Engine Optimized News for Business Thu, 22 Mar 2012 15:00:45 +0000 en-US hourly 1 https://wordpress.org/?v=6.0.8 SEC Changes Net Worth Definition of Accredited Investor http://www.seonewswire.net/2012/03/sec-changes-net-worth-definition-of-accredited-investor-2/ Thu, 22 Mar 2012 15:00:45 +0000 http://www.seonewswire.net/2012/03/sec-changes-net-worth-definition-of-accredited-investor-2/ The Securities and Exchange Commission recently changed policies to exclude home value from net worth as it determines whether an individual can invest in some securities offerings that are unregistered. SEC rules allow some people to qualify for limited and

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The Securities and Exchange Commission recently changed policies to exclude home value from net worth as it determines whether an individual can invest in some securities offerings that are unregistered. SEC rules allow some people to qualify for limited and private offerings without registration or specific disclosures if the sales are only to “accredited investors”. These “accredited investors” can qualify for these opportunities by having a net worth of at least $1 million, amongst other qualification factors.

The new rule means the value of the primary residence does not count toward the net worth. Another new wrinkle in the rules penalizes investors for being “upside down” in their primary residence. Any debt secured by the main residence that is above the value of the home in a fair market will now be treated as a liability against net worth.

The move was made in an attempt to prevent rule manipulation as some investors could artificially inflate their net worth by borrowing against their home just before an investment opportunity, according to the SEC. The SEC will have to revisit the “accredited investor” definition in 2014 and every four years after that to make sure they remain fair, according to requirements by the Dodd-Frank Act.

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SEC Proxy Access Rule Vacated by D.C. Court of Appeals http://www.seonewswire.net/2011/09/sec-proxy-access-rule-vacated-by-d-c-court-of-appeals-2/ Thu, 22 Sep 2011 15:46:20 +0000 http://www.seonewswire.net/2011/09/sec-proxy-access-rule-vacated-by-d-c-court-of-appeals-2/ The Washington, D.C. Circuit Court of Appeals ruled that the Securities and Exchange Commission’s (SEC) new proxy access rule 14a-11 is “arbitrary and capricious” and thus invalidated the rule. The DC Circuit Courts decided in Business Roundtable v. SEC that

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The Washington, D.C. Circuit Court of Appeals ruled that the Securities and Exchange Commission’s (SEC) new proxy access rule 14a-11 is “arbitrary and capricious” and thus invalidated the rule. The DC Circuit Courts decided in Business Roundtable v. SEC that the SEC’s rule had unsupported assertions and arguments.

The SEC proxy access rule states that public companies need to provide shareholders with information regarding shareholder-backed candidates when board of directors are going to be voted on. The Business Roundtable and U.S. Chamber of Commerce said this rule violates the Administrative Procedure Act and had not “…adequately considered the rule’s effect upon efficiency, competition, and capital formation.”

Lately the SEC has come under fire for not analyzing their new rules with data and economic analysis that demonstrates the trade-offs and consequences of the new procedures. Some accuse the SEC of “back of the envelope” analysis or picking and choosing what makes sense to them rather than assessing the full economic repercussions of those rules. The Circuit Court decision is the first time one of the new rules has been vacated out of the 250 new requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Other rules from the Dodd-Frank Act have been challenged and the SEC must consider the far-reaching effects of their regulations. SEC Chairwoman Mary Schapiro has admittedly, “…parachuted into complex legislative matters demanding immediate specialized expertise” that warrants solid economic analysis and legal consideration before releasing as a rule.

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