SEC reopens public comment periods due to technological error

By Bryan Strickland

The SEC is calling on anyone who made public comments on any of its last 12 rulemaking releases to make sure the comments were received for review.

The SEC announced Friday that it has reopened 11 public comment periods and one request for public comment in response to a technological error that resulted in some comments made via the internet not being received. The comment periods will be open for 14 days following publication in the Federal Register, giving previous commenters time to see if their comments were logged and opening up a second opportunity for others to comment.

While the SEC said in a news release that the majority of the affected comments were submitted in August 2022, it said the technological error is known to have occurred as early as June 2021. As a result, the SEC suggests that anyone who made a public comment between June 2021 and August 2022 check the comment file to see if their comment was received.

Below is a list of the affected rulemaking releases, with a link to the logged public comments and a link for submitting a comment:

  • Reporting of Securities Loans, Release No. 34-93613 (Logged comments; Submit a comment)
  • 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 (Logged comments; Submit a comment)
  • Money Market Fund Reforms, Release No. IC-34441 (Logged comments; Submit a comment)
  • Share Repurchase Disclosure Modernization, Release Nos. 34-93783, IC-34440 (Logged comments; Submit a comment)
  • Short Position and Short Activity Reporting by Institutional Investment Managers, Release No. 34-94313; see also 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 (Logged comments; Submit a comment)
  • Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure, Release Nos. 33-11038, 34-94382, IC-34529 (Logged comments; Submit a comment)
  • Private Fund Advisers; Documentation of Registered Investment Adviser Compliance Reviews, Release No. IA-5955 (Logged comments; Submit a comment)
  • The Enhancement and Standardization of Climate-Related Disclosures for Investors, Release Nos. 33-11042, 34-94478 (Logged comments; Submit a comment)
  • Special Purpose Acquisition Companies, Shell Companies, and Projections, Release Nos. 33-11048, 34-94546, IC-34549 (Logged comments; Submit a comment)
  • Investment Company Names, Release Nos. 33-11067, 34-94981, IC-34593 (Logged comments; Submit a comment)
  • 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 (Logged comments; Submit a comment)
  • Request for Comment on Certain Information Providers Acting as Investment Advisers, Release Nos. IA-6050, IC-34618 (Logged comments; Submit a comment)

— To comment on this article or to suggest an idea for another article, contact Bryan Strickland at Bryan.Strickland@aicpa-cima.com.

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