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Articles by Ilya Kontorovich
SEC Adopts Amendments to Rules Governing Beneficial Ownership Reporting
On Oct. 10, the U.S. Securities and Exchange Commission (SEC) adopted amendments to the rules governing beneficial ownership reporting under Sections 13(d) and 13(g) of the Securities Exchange Act of 1934 (Exchange Act). These amendments shorten the period for making both initial filings and amendments and require that certain information be presented in a structured data format.
SEC Amends Share Repurchase Disclosure Rules
On May 3, 2023, the Securities and Exchange Commission (SEC) adopted amendments to increase disclosures for issuer repurchases of shares or other equity securities that are registered under Section 12 of the Securities Exchange Act of 1934 (Exchange Act) and Rule 10b5-1 trading plans. The SEC press release announcing the amendments, the final rule adopting release and a summary fact sheet are available here.
The SEC Adopts Incentive-Based Compensation Clawback Rule
On Oct. 26, the SEC adopted a final rule addressing the obligations of listed issuers or “companies” to recover incentive-based compensation paid to executive officers prior to an accounting restatement. The final rule will require many issuers to (i) adopt more stringent written clawback policies than those currently in place and (ii) provide more extensive disclosures of these policies.
SEC Adopts Final Rule Requiring ‘Pay Versus Performance’ Disclosure | JD Supra
Overview On Aug. 25, 2022, the Securities and Exchange Commission (SEC) adopted a new rule requiring public companies (subject to some notable exceptions, described below) to disclose, in proxy statements and information statements that contain executive compensation disclosure, “pay versus performance” data for the chief executive officer and other named executive officers.
SEC Adopts Amendments to Definitions of ‘Accredited Investor’ and ‘Qualified Institutional Buyer’ | JD Supra
On Aug. 26, the Securities and Exchange Commission adopted amendments to the definitions of “accredited investor” and “qualified institutional buyer.” The amendments to the “accredited investor” definition for the first time include individuals based on certain measures of financial sophistication other than just their income and net worth, and expand the list of qualifying entities.
SEC Adopts Amendments to Description of Business, Legal Proceedings and Risk Factor Disclosures Under Regulation S-K | JD Supra
On Aug. 26, the Securities and Exchange Commission adopted amendments to the description of business (Item 101), legal proceedings (Item 103) and risk factor (Item 105) disclosure requirements under Regulation S-K. This is the first time in more than 30 years these items have been significantly revised, and these revisions are responsive to changes in the regulatory and business landscape.
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