Since the release of the
Securities and Exchange Commission’s (SEC) final registration rule for
municipal advisors in September 2013, the MSRB has continued to develop its
regulatory framework for municipal advisors. Several key rule proposals are advancing
through the rulemaking process. As these regulatory initiatives move from draft
to final form, the MSRB will engage municipal advisors and other stakeholders to facilitate an understanding of the regulations and continue to provide information on their status. The information below is current as of September 5, 2014.
Status of Municipal Advisor Rulemaking
Rule: Professional Fee for Municipal Advisors (MSRB Rule A-11) Status: In effect Next Steps: Learn more about complying with the rule.
Rule: Supervision and Compliance Obligations (Draft MSRB Rule G-44) Status: Filed
with the Securities and Exchange Commission for approval in July 2014 (MSRB Filing 2014-06) Next Steps: The
SEC will indicate approval of the rule or other action by September 19, 2014
Rule: Professional Qualification Requirements (Draft Amended MSRB Rule G-3) Status: To
be filed with the SEC for approval Next Steps: The
SEC will announce a public comment period in the Federal Register.
Rule: Standards of Conduct for Municipal Advisors (Draft MSRB Rule G-42) Status: Revised
draft rule published for comment in July 2014 (MSRB Notice 2014-12) Next Steps: The
MSRB is reviewing comments received on the revised draft rule.
Rule: Pay-to-Play (Draft Amended MSRB Rule G-37) Status: Draft
rule amendments published in August 2014 (MSRB Notice 2014-15) Next Steps: Submit comments on the proposal through
October 1, 2014.
Rule: Gifts and Gratuities (Draft Amended MSRB Rule G-20) Status: Draft
rule amendments approved in July for public comment (Board Meeting Summary) Next Steps: The
MSRB plans to publish a request for comment soon.
Rule: Duties of Solicitors Status: Identified
as next rulemaking priority Next Steps: The
MSRB will develop a draft proposal for Board consideration.
For up-to-date information on
municipal advisor rulemaking, visit the Resources for Municipal Advisors section of the MSRB’s website.
View existing rules for municipal advisors on the MSRB website.
Addressing corruption or the appearance
of corruption, in the awarding of municipal advisory business is a fundamental
goal of the MSRB’s developing comprehensive regulatory framework for municipal advisors. In
August 2014, the MSRB published draft amendments to Rule G-37, the MSRB’s pay-to-play rule for
municipal securities dealers, which would extend the rule to municipal
advisors. The MSRB’s draft amendments seek to curb pay-to-play activities by municipal
advisors and provide greater transparency regarding their political
contributions. By applying well-established dealer pay-to-play prohibitions to
municipal advisors, the MSRB aims to ensure that all regulated municipal market
entities and professionals are held to the same high standards of integrity.
Comments on the MSRB’s draft rule
are due no later than October 1, 2014. The MSRB will host a webinar on the
proposed changes on September 11, 2014 at 3 p.m. ET. Register for the webinar.
In June, the MSRB surveyed
registered municipal advisors about their business activities to inform the MSRB's development of a professional qualification exam for advisors. More than 550
municipal advisors responded to the survey. The MSRB has completed an analysis
of the survey responses and is using the information to develop a draft content
outline for its planned professional qualifications exam. The MSRB intends to
finalize the content outline in 2015, with the goal of administering a pilot
exam to municipal advisors also in 2015. Learn more about municipal advisor
professional qualifications.
Municipal advisors can point their issuer
clients to a new resource on the MSRB’s website for free, objective multimedia
education about the municipal securities market. The MSRB recently unveiled an
Education Center on its website, at msrb.org, that houses an extensive collection of educational videos, fact
sheets and other digital resources about the municipal securities market and
the MSRB’s Electronic
Municipal Market Access (EMMA®) website. Organized by topic and target audience, the MSRB Education
Center makes it easier for municipal advisors, personnel at state and local governments and
others interested in the municipal market to find useful information. Resources for
issuers address topics such as the issuance process, using EMMA to monitor outstanding
securities and disclosing information to investors. Explore the
MSRB Education Center today. |