The SEC has reopened the comment period for several of its proposals due to a technological error in receiving certain comments.
Update: This Legal Update does not reflect further rulemaking action on the affected releases. For up-to-date information on their status, see Practice Note, SEC Rulemaking Tracker.
On October 7, 2022, the Securities and Exchange Commission (SEC) reopened the comment periods for 11 rulemaking releases and one request for comment due to a technological error in receiving comments. As a result of the error, the SEC did not receive a number of public comments submitted through its internet comment form between June 2021 and August 2022.
Commenters should each check their relevant comment file on the SEC's website to determine whether their comment was received and posted. If a comment was not posted, commenters should resubmit their comment by following the instructions provided in the reopening release. The renewed comment periods will be open for 14 days following publication of the reopening release in the Federal Register.
Affected Releases:
December 8, 2021, release no. 34-93613, related to reporting of securities loans.
February 4, 2022, release no. 34-93784, related to 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.
March 16, 2022, release nos. 34-94313 and 34-94314, related to short position and short activity reporting by institutional investment managers and notice of the text of proposed amendments to the national market system plan governing the consolidated audit trail for purposes of short sale-related data collection.
June 17, 2022, release nos. 33-11068, 34-94985, IA-6034, and IC-34594, related to enhanced disclosures by certain investment advisers and investment companies about environmental, social, and governance investment practices.
The technological error may also have affected certain comments with respect to self-regulatory organization matters listed in the reopening release. The SEC will evaluate any comments resubmitted with respect to these matters and consider whether further action is warranted.