summary
Introduced
04/21/2016
04/21/2016
In Committee
04/21/2016
04/21/2016
Crossed Over
05/09/2016
05/09/2016
Passed
Dead
01/03/2017
01/03/2017
Introduced Session
114th Congress
Bill Summary
Fair Access to Investment Research Act of 2016 (Sec. 2) This bill directs the Securities and Exchange Commission (SEC) to revise a specified regulation to create a safe harbor for certain publications or distributions of research reports by brokers or dealers distributing securities. The revised regulation shall declare that a published or distributed investment fund research report shall not be deemed to constitute an offer for sale or an offer to sell a security that is the subject of the offering pursuant to an effective registration statement, even if the broker or dealer is participating or will participate in the registered offering of the covered investment fund's securities. The covered investment fund research report shall indeed be deemed to satisfy the regulation's requirements as well as those of any self-regulatory organization. The SEC shall not impose specified conditions and requirements when implementing the safe harbor. Until the SEC has adopted such safe harbor revisions, and the Financial Industry Regulatory Authority (FINRA) has revised a related rule, a covered investment fund shall be deemed to be a security listed on a national securities exchange that is not subject to a certain filing requirement of the Investment Company Act of 1940.
AI Summary
This bill, the Fair Access to Investment Research Act of 2016, directs the Securities and Exchange Commission (SEC) to create a "safe harbor," which is a legal protection, for certain research reports about investment funds published by brokers or dealers. Specifically, these research reports will not be considered an offer to sell a security, even if the broker or dealer is involved in the fund's offering, provided the report meets certain conditions. The bill also clarifies that these reports will satisfy regulatory requirements and that the SEC cannot impose certain restrictive conditions when implementing this safe harbor. In essence, it aims to make it easier for brokers and dealers to publish research on investment funds without inadvertently triggering securities law violations, thereby promoting broader access to investment research.
Committee Categories
Business and Industry, Housing and Urban Affairs
Sponsors (2)
Last Action
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (on 05/09/2016)
Official Document
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bill summary
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bill summary
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bill summary
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