ARTICLE
22 March 2021

MSRB Seeks Comment On Regulation Of Solicitor Municipal Advisors

CW
Cadwalader, Wickersham & Taft LLP

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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
Comments on the proposed rule must be submitted by June 17, 2021.
United States Corporate/Commercial Law
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The MSRB requested comment on proposed MSRB Rule G-46 ("Duties of Solicitor Municipal Advisors"), which would codify previously issued interpretive guidance concerning the requirements applicable to solicitor municipal advisors under MSRB Rule G-17 ("Conduct of Municipal Securities and Municipal Advisory Activities").

Proposed MSRB Rule G-46 would, among other things:

  • require solicitor municipal advisors to record their relationships in writing;
  • require that representations made by solicitor municipal advisors to solicited entities be accurate and not misleading;
  • require additional compensation and conflict of interest disclosures; and
  • establish standards concerning the timing and manner of the required disclosures.

The proposed rule would also conform certain requirements applicable to such firms to those that apply to (i) non-solicitor municipal advisors under MSRB Rule G-42 ("Duties of Non-Solicitor Municipal Advisors") and (ii) underwriters under MSRB Rule G-17, as they relate to the conduct of municipal securities and the activities of municipal advisors.

Comments on the proposed rule must be submitted by June 17, 2021.

Primary Sources

  1. MSRB Notice 2021-07: Request for Comment on Fair Dealing Solicitor Municipal Advisor Obligations and New Draft Rule G-46

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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