SEC reopens comments for 11 proposals in wake of tech error

The Securities and Exchange Commission is reopening comments on 11 different proposals after realizing that a technology error prevented some from not being received by the agency.

The error affected comments on the following proposals:

  • "Reporting of Securities Loans," Release No. 34-93613 (Dec. 8, 2021)
  • "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 (Feb. 4, 2022)
  • "Money Market Fund Reforms," Release No. IC-34441 (Feb. 8, 2022)
  • "Share Repurchase Disclosure Modernization," Release Nos. 34-93783, IC-34440 (Feb. 15, 2022)
  • "Short Position and Short Activity Reporting by Institutional Investment Managers," Release No. 34-94313 (Mar. 16, 2022); as well as "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 (Mar. 16, 2022)
  • "Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure," Release Nos. 33-11038, 34-94382, IC-34529 (Mar. 23, 2022)
  • "Private Fund Advisers; Documentation of Registered Investment Adviser Compliance Reviews," Release No. IA-5955 (Mar. 24, 2022)
  • "The Enhancement and Standardization of Climate-Related Disclosures for Investors Release Nos. 33-11042, 34-94478 (Apr. 11, 2022)
  • "Special Purpose Acquisition Companies, Shell Companies, and Projections, Release Nos. 33-11048, 34-94546, IC-34549 (May 13, 2022)
  • "Investment Company Names," Release Nos. 33-11067, 34-94981, IC-34593 (June 17, 2022)
  • "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 (June 17, 2022)
  • "Request for Comment on Certain Information Providers Acting as Investment Advisers," Release Nos. IA-6050, IC-34618 (June 22, 2022)

Commenters who submitted a public comment to any of these files through the internet comment form between June 2021 and August 2022 are advised to check the relevant comment file posted on SEC.gov to determine whether their comment was received and posted. If a comment has not been posted, commenters should resubmit that comment. Any resubmitted comment will be treated as if it were received on its original submission date. The SEC is also reopening the comment periods for the affected releases until 14 days following publication of the reopening release in the Federal Register.
The majority of the affected comments were submitted in August 2022; however, the technological error is known to have occurred as early as June 2021.

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