What is the rule 406 of the Securities Act? (2024)

What is the rule 406 of the Securities Act?

Rules 406 and 24b-2 allow companies to object to the public release of confidential information that would otherwise be required to be filed under the Securities Act or the Exchange Act.

What is a confidential treatment order?

A confidential treatment order (CTO) is issued by the Securities and Exchange Commission (SEC) and allows a company to omit or withhold information that would originally be disclosed in SEC filings. The SEC issues CTOs in response to a company's request to withhold info, known as a confidential treatment request (CTR).

What is a confidential treatment request under FOIA?

§ 200.83 Confidential treatment procedures under the Freedom of Information Act. (a) Purpose. This section provides a procedure by which persons submitting information in any form to the Commission can request that the information not be disclosed pursuant to a request under the Freedom of Information Act, 5 U.S.C.

What is the rule 418 confidential treatment?

Rule 418 provides broad authority to the SEC and its staff to request information concerning a company, its registration statement, the distribution of its securities and market or underwriter activities.

What are the SEC exhibit redaction rules?

Companies may redact confidential information from versions of agreements filed as exhibits with periodic reports and registration statements without a confidential treatment request, as long as (i) that information is not material and (ii) the company customarily and actually treats that information as private or ...

What information should be treated as confidential?

Personal information (information about an identifiable individual) should be treated as confidential unless it is public information or unless there is consent for disclosure from the individual.

What are the types of confidential?

Types of Confidential Information

Bank information. Medical history or records. Personal care issues. Service records and file progress notes.

What information Cannot be released under FOIA?

FOIA Exemptions. The exemptions protect against the disclosure of information that would harm: national security, the privacy of individuals, the proprietary interests of business, the functioning of the government, and other important recognized interests.

What shows up on a FOIA request?

Records obtainable under the FOIA include all "agency records" - such as print documents, photographs, videos, maps, e-mail and electronic records - that were created or obtained by a Federal agency and are, at the time the request is filed, in that agency's possession and control.

What is the difference between a privacy act request and a FOIA request?

Basically, the FOIA is an information access law, whereas the PA is an information protection law with limited access provisions. Anyone may submit a FOIA request for any type of record, but a PA request may only be made by the individual (or their legally authorized representative) covered by the requested records.

What is the SEC Rule 83?

SEC Rule 83 (17 CFR 200.83) provides a confidential treatment procedure for those submitting information to the agency to ask that it be withheld when requested under the Freedom of Information Act.

What is a Rule 425 disclosure?

Under Rule 425 of the Securities Act of 1933, a company must file these written communications with the SEC on the date the information is first distributed. A “Rule 425” legend appears on the top corner of the press release, investor presentation, or other form of written communication.

What is Rule 430 information?

Rule 430 Information means information with respect to the Securities and the offering thereof permitted to be omitted from the Registration Statement when it becomes effective pursuant to Rule 430A, Rule 430B or Rule 430C that is deemed to be part of the Registration Statement at the time of its effectiveness.

What is the rule 17b of the Securities Act?

Section 17(b) of the Securities Act makes it unlawful for any person to tout a stock without disclosing the nature and substance of any consideration, whether present or future, direct or indirect, received from an issuer, underwriter or dealer.

What is SEC violations?

The SEC enforces federal securities laws, so it's interested in anything that violates those laws. That could include: Fraudulent schemes, such as Ponzi or pyramid schemes. Theft of money or securities. Insider trading.

What is rule 17a 3 of the Securities Exchange Act of 1934?

New paragraph (a)(17)(iii) of Rule 17a-3 requires each broker-dealer to create a record for each account indicating that each customer was furnished with a copy of any written agreement entered into on or after the effective date of this paragraph pertaining to that account.

What are three types of confidential information?

Three main categories of confidential information exist: business, employee and management information. It is important to keep confidential information confidential as noted in the subcategories below. Customer lists: Should someone get a hold of your customer list, they could steal customers from you.

What are 5 ways confidential information is protected?

What are the 5 exceptions to the non disclosure requirements?

What is not confidential?

Non-Confidential Information means any information that is public knowledge, freely known by the receiving party, developed independently by the receiving party, acquired from a third party not bound by non-disclosure, or the development, creation, or discovery of any [property] by the receiving party independently ...

What are 4 examples of Confidential Information?

What are the 5 levels of confidentiality?

Data Classification in Government organizations commonly includes five levels: Top Secret, Secret, Confidential, Sensitive, and Unclassified. These can be adopted by commercial organizations, but, most often, we find four levels, Restricted, Confidential, Internal, Public.

What information is exempt by law?

The nine exemptions are described below. Exemption 1: Information that is classified to protect national security. Exemption 2: Information related solely to the internal personnel rules and practices of an agency. Exemption 3: Information that is prohibited from disclosure by another federal law.

How far back can a FOIA request go?

In general, the FOI Act relates to information created after 21 April 1998. However, the following situations are exempt from this: you can access your personal information regardless of when we created it if it is still in existence.

Why would my FOIA be denied?

Can the FCC deny my FOIA request? Yes. If the Bureau or Office that is the custodian of the records determines that there are no records responsive to your request, or that one or more of the FOIA exemptions described above applies to the documents you request, your request will be denied in writing.