(The news featured
below is a selection from the news covered in Federal Securities Law Reporter,
which is distributed to subscribers of Federal
Securities Law Reporter.)
SEC Offers Assistance to Hurricane
Victims
The SEC announced plans to offer regulatory relief to
investors, companies and securities firms affected by Hurricane Katrina. The
agency has established a list of contact numbers for investment advisers located
in the areas affected by the hurricane and provided a telephone number and an
e-mail hotline for contacting the SEC. The SEC has also provided information to
investors about safeguarding their finances and is monitoring the marketplace
for fraudulent schemes directed at hurricane victims.
SEC Chairman Christopher Cox stated that no one in the
region affected by the hurricane should be concerned about filing government
documents in their circumstances. The SEC published a notice extending the
filing deadlines for those affected by the disaster, and the SEC's divisions and
offices are also preparing relief measures to suspend document delivery
requirements in affected areas for broker-dealers whose offices are no longer
operable. The SEC plans to consult with public companies that are based in the
affected areas to ensure that Commission mandates do not interfere with the
response and recovery efforts and pledged to take all necessary steps to assist
in the recovery.
The SEC's order conditionally exempts affected persons from
the requirements of the federal securities laws with regard to Exchange Act
filings for the period from and including August 29, 2005, through October 14,
2005, the proxy information and delivery requirements and, for 90 days, the
annual and semiannual report requirements of registered investment companies.
The SEC has also suspended the auditor independence requirements relating to the
provision of bookkeeping services for audit clients.
The SEC's order is intended to address a broad class of
companies and others affected by the hurricane. However, for those parties that
require additional assistance or a different response, the SEC advised that the
staff will address those issues on a case-by-case basis, including problems with
the completion of audits or in complying with the internal control requirements
of Sarbanes-Oxley Act Section 404.
Twenty-six investment adviser firms from the affected
region have submitted contact information to the SEC which has been posted on
its Web site. Any investment adviser that wishes to be included in the list
should contact the SEC's
Atlanta
district office. The SEC plans to update the page as often as it receives new
information from Gulf-area investment advisers. The SEC urged investors to
periodically check their account balances if they have left their home because
of the hurricane and to immediately notify the financial services firm of any
discrepancies, transfers of money or purchases and sales of securities that the
investor did not authorize.
The SEC stated that it is aware of investment fraud scams
and has urged investors to be on the alert. Investors should report suspected
scams to the Enforcement Division at enforcement@sec.gov. The division will
vigorously prosecute anyone who attempts to defraud victims of the hurricane,
stated the SEC. Among the scams that have come to the division's attention are
claims of trading programs guaranteeing high returns with a portion of the
profits going to aid relief efforts. Others state that certain companies will
profit from the relief and rebuilding efforts. The SEC warned that other scams
are certain to emerge as fraud artists seek new ways to profit on the disaster.
The SEC also warned the public about ensuring that they are donating to
legitimate charities if they choose to contribute to the relief effort.
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