By Cyndey Posner

For those interested, the SEC has posted the releases relating to the new final rules for the following:

  • Exemption From Registration Under Section 12(g) of the Securities Exchange Act of 1934 for Foreign Private Issuers, relating to changes to rules regarding the circumstances under which a foreign private issuer is required to register a class of equity securities under Section 12(g) of the Exchange Act (e.g., scrapping the paper-based application system and allowing issuers to claim the exemption if they meet certain requirements).
  • Commission Guidance and Revisions to the Cross-Border Tender Offer, Exchange Offer, Rights Offerings and Business Combination Rules and Beneficial Ownership Reporting Rules for Certain Foreign Institutions, which includes revisions to the current exemptions for cross-border business combination transactions and rights offerings to expand the exemptions and allow increased participation by U.S. investors, and changes to the beneficial ownership reporting rules to permit certain foreign institutions to file reports on a shorter form. The release also includes interpretive guidance on issues related to cross-border transactions.

The SEC has also issued amendments related to its emergency short-selling orders:

  • Release no. 58611, which addresses current and anticipated technical and operational concerns resulting from the requirements of the original order and adds names to the list of firms covered by the prohibition.
  • Release no. 58591A, which includes technical amendments and provides for temporary non-public filing of the information provided by the institutional investment managers when they report short sales.

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