SEC to reopen comment periods for several rules after tech glitch

The Securities and Exchange Commission announced Friday that it reopened the public comment period for 11 rulemaking releases after a technological error that resulted in some comments getting lost.

The majority of the affected comments were submitted in August of this year, though some comments going back to as early as June 2021 may have been lost, the agency said.

The SEC advises that all members of the public who submitted a comment during this period check the relevant comment file at SEC.gov to ensure that it was received and posted.

SEC staff learned off the glitch after commenters notified them that comments they had submitted through the online portal had not been posted. Based on a review of the available information, the SEC believes fewer than 200 comments were affected.

Commenters will have 14 days to submit their thoughts following the publication of the reopening in the federal register.

The affected rules include:

• Reporting of Securities Loans from Dec. 8, 2021;
• Prohibition Against Fraud, Manipulation, or Deception in Connection with Security-Based Swaps; Prohibition against Undue Influence over Chief Compliance Officers; Position Reporting of Large Security-Based Swap Positions from Feb. 4;
• Money Market Fund Reforms from Feb. 8;
• Share Repurchase Disclosure Modernization from Feb 15;
• Short Position and Short Activity Reporting by Institutional Investment Managers from Mar. 16;
• Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure from March 23;
• Private Fund Advisers; Documentation of Registered Investment Adviser Compliance Reviews from March 24;
• The Enhancement and Standardization of Climate-Related Disclosures for Investors Release from April 11;
• Special Purpose Acquisition Companies, Shell Companies and Projections from May 13;
• Investment Company Names from June 17;
• Enhanced Disclosures by Certain Investment Advisers from June 17 and
• Request for Comment on Certain Information Providers Acting as Investment Advisers, issued June 22.