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Regulatory Reform and Implications for the Municipal Bond Market . RBDA Financial Regulatory Reform Webinar Lynnette Kelly Hotchkiss, Executive Director August 10, 2010. Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203.

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Regulatory reform and implications for the municipal bond market

Regulatory Reform and Implications for the Municipal Bond Market

RBDA Financial Regulatory Reform Webinar

Lynnette Kelly Hotchkiss, Executive Director

August 10, 2010


Dodd frank wall street reform and consumer protection act public law 111 203
Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203

  • Generally incorporates Senate priorities with regard to the MSRB and municipal securities

  • Most significant legislative focus on municipal market issues since 1986

  • Greatly expands MSRB authority

  • Signed into law by President Obama on July 21, 2010

Municipal Securities Rulemaking Board


Regulation of municipal advisors
Regulation of Municipal Advisors Public Law 111-203

  • MSRB regulation of non-broker-dealer financial advisors, swap advisors, guaranteed investment contract brokers, solicitors, finders, third party marketers, and other market intermediaries

  • Rules to include standards of training, periodic examinations, professional standards, competence and such other qualifications as the Board deems necessary or appropriate

  • MSRB registration required

  • Fiduciary duty standard mandated for both dealer and non-dealer advisors

Municipal Securities Rulemaking Board


Mission of the msrb
Mission of the MSRB Public Law 111-203

  • The new law expands the mission of the MSRB from solely protecting investors to also protecting “municipal entities or obligated persons”

Municipal Securities Rulemaking Board


Board composition
Board Composition Public Law 111-203

  • The new law changes the composition of the MSRB Board, requiring that it be composed of a majority of public members

    • Majority public Board mandated for October 1, 2010

  • MSRB Board must include one bank, one broker dealer, one municipal entity, one investor (institutional or retail), one municipal advisor and one member of the public with knowledge of the municipal securities industry

Municipal Securities Rulemaking Board


Additional authority
Additional Authority Public Law 111-203

  • MSRB may develop information systems with ability to charge reasonable fees (except on issuers and obligated persons)

  • Ability to charge “commercially reasonable fees” for subscription products

Municipal Securities Rulemaking Board


Enhanced enforcement support
Enhanced Enforcement Support Public Law 111-203

  • Ability to provide guidance and assistance to fellow regulators in the enforcement of, and examination for, compliance with MSRB rules

  • Ability to assess regulated entities for late submissions of data or other information pursuant to MSRB Rules

  • Fine sharing with SEC and FINRA

  • FINRA required to seek guidance regarding MSRB rule interpretations

  • Provides for enhanced communication between MSRB and FINRA regarding enforcement activities

Municipal Securities Rulemaking Board


Studies
Studies Public Law 111-203

  • GAO to conduct two studies:

    • Issuer disclosure and Tower Amendment

    • Municipal trade transparency

  • GAO required to present report in 18 months and to recommend any necessary legislative changes to improve municipal disclosure within two years

Municipal Securities Rulemaking Board


Sec office of municipal securities
SEC Office of Municipal Securities Public Law 111-203

  • Office of Municipal Securities elevated to report directly to the SEC Chairman

  • Duties include:

    • administer SEC rules affecting municipal market

    • coordinate with MSRB on rulemaking and enforcement

Municipal Securities Rulemaking Board


Derivatives
Derivatives Public Law 111-203

  • Effective October 1, 2010, all swap advisors of state and local governments and other governmental entities (such as governmental pension funds) must be registered with the SEC and will be subject to MSRB rules such as those on professional qualifications, pay-to-play, fiduciary duty, and fair dealing (this includes swap dealers serving as advisors)

  • State and local governments and other governmental entities must have advisors that are independent of their swap dealers to provide advice on the fair pricing and appropriateness of the swap transactions

  • Information reporting is required for all swaps  

Municipal Securities Rulemaking Board


Derivatives1
Derivatives Public Law 111-203

Municipal Securities Rulemaking Board

  • It is unclear whether swaps of state and local governments will be required to be centrally cleared; they may be “end users” and exempt from clearing (the CFTC must define “end user”)

  • Most municipal swaps will be regulated by the CFTC, which has one year to write rules for the registration of, and business conduct standards for, swap dealers and major swap participants in the municipal and other markets

  • In addition, the CFTC would have a year to formulate a code of conduct for dealers that enter into swaps with “special entities,” which include states, localities, and pension funds

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Governmental accounting standards board gasb
Governmental Accounting Standards Board (GASB) Public Law 111-203

  • Allows SEC to direct FINRA to collect assessments from dealers to fund the GASB

  • GAO study on GASB effectiveness (due within 180 days)

Municipal Securities Rulemaking Board


Credit rating agencies
Credit Rating Agencies Public Law 111-203

  • Subject to greater liability

  • SEC given two years to mitigate conflicts of interest

  • If the SEC does not find a solution, the SEC would be required to create a board to match rating agencies with debt issuers

  • Federal regulators will remove references to credit ratings in their rules

  • Credit rating agencies must use consistent rating requirements across all products

Municipal Securities Rulemaking Board


Enhanced liability for msrb
Enhanced Liability for MSRB Public Law 111-203

  • SEC has ability to censure MSRB staff and Board members

  • Similar provisions were included for other self regulatory organizations

Municipal Securities Rulemaking Board


Regulatory reform and implications for the municipal bond market1

Regulatory Reform and Implications for the Municipal Bond Market

RBDA Financial Regulatory Reform Webinar

Lynnette Kelly Hotchkiss, Executive Director

August 10, 2010


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