Posts Tagged ‘securities law’
Decoding the SEC’s New Rules: Understanding the New Definition of a ‘Dealer’ in Securities Law
By: Cassy Sulzer On February 6, 2024, The Securities and Exchange Commission (“SEC”) implemented two new rules in the Securities Exchange Act of 1934 (“the Act”): Rule 3a5-4 and 3a44-2.[1] These rules introduce ambiguity regarding the classification of individuals as “dealers” or as “traders,” crucial for determining registration requirements with both the SEC and self-regulatory…
Read MoreHow Courts Are Navigating the Constitutional Debate Around FINRA’s Enforcement Authority
By: Hannah Lief Alpine Securities Corporation (“Alpine”), a broker-dealer, is challenging the delegation of authority by the Securities and Exchange Commission (“SEC”) to Financial Industry Regulatory Authority (“FINRA”) in Alpine Securities Corp. v. Financial Industry Regulatory Authority, Inc.[1] The lawsuit arises out of Alpine’s constitutional challenge to FINRA’s enforcement of securities regulations.[2] During district court…
Read MoreTo Be or Not to Be? Second Circuit Affirms Notes Issued in Syndicated Loans are Not Securities
By: Elizabeth Sloop When a borrower requires a loan too large for a single lender’s capital base, a group of lenders, or syndicate, may step in to provide funds.[1] By participating in syndicated lending, the lenders, typically banks and non-bank financial institutions,[2] are able to distribute the risk of default among themselves.[3] Because of the…
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