MSRB Files New MA Pay-to-Play Rule with SEC
On December 16, the Municipal Securities Rulemaking Board ("MSRB") filed with the SEC a proposed rule that would extend to municipal advisers the MSRB's existing rule prohibiting "pay-to-play" practices and restricting campaign contributions in the municipal securities and advisory business. The proposed amendments extend Rule G-37 to municipal advisers and third-party solicitors:
  • Imposing a two-year ban on business with municipal entities after any contribution to an issuer official who can influence municipal-advisory business, subject to $250 de minimis exclusion to officials for whom a contributor can vote;
  • Prohibiting soliciting, coordinating ("bundling"), and contributions to state/local political parties or bond ballot initiatives - as well as indirect violations;
  • Imposing related disclosure and books-and-records requirements.
The filing, SR-MSRB-2015-14, is here. The Rule amendments were proposed in August of 2014 in MSRB Reg. Notice 2014-15. I discussed the proposal here. Thomas K. Potter, III (tpotter@burr.com) is a partner in the Securities Litigation Practice Group at Burr & Forman, LLP. Tom is licensed in Tennessee, Texas and Louisiana. He has over 29 years' experience representing financial institutions in litigation, regulatory and compliance matters. See attorney profile. © 2015 by Thomas K. Potter, III (all rights reserved).
Posted in: MSRB, SEC
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