The Proposed Rules would require advisers and registered funds to adopt and implement policies and procedures that are reasonably designed to address cybersecurity risks based on an ongoing analysis of specific elements. The SEC asserts that the proposed amendments are thus intended to better inform investors about a company's risk management, strategy and governance and to provide timely notification of material cybersecurity incidents. Acknowledging the gravity of cybersecurity threats to investment advisers and funds, and by extension their tens of millions of clients and trillions of dollars of assets under management, the Securities and Exchange Commission [on Feb. 9, 2022] proposed rules under the Investment Advisers Act of 1940 and the Investment Company Act of 1940 pertaining to […] On Wednesday, by 3-1 vote, the SEC approved proposed rules aimed at enhancing and standardizing disclosures made by public companies regarding cybersecurity risk management, strategy, governance and incident reporting, reflecting the third rulemaking project the Commission has proposed in connection with cybersecurity in the past year. The Enhancement and Standardization of Climate-Related Disclosures for Investors. Proposed rule. Submit comments on S7-10-22. The SEC has proposed rules and amendments related to cybersecurity risk management, strategy, governance, and incident reporting for public companies subject to the Securities Exchange Act of 1934 (i.e., registrants). 33-11038, Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure. On February 9, 2022, the Securities and Exchange Commission ("SEC") proposed new rule 38a-2 ("Proposed Rule 38a-2") under the Investment Company Act of 1940, as amended ("1940 Act"), which would require registered investment companies and business development companies ("funds") to adopt and implement written cybersecurity . Although there may be some changes to the specifics, the overall requirement will remain clear: "Adopt and implement written cybersecurity policies and procedures reasonably designed to address cybersecurity risk.". The comment period closes May 9, 2022. On February 9, 2022, the Commission published a Release for Cybersecurity Risk Management for Investment Advisers, Registered Investment Companies, and Business Development . The SEC encourages broker-dealers, investment advisers, investment companies, exchanges, and other market participants to refer to the resources on the spotlight page. SEC. The new SEC cybersecurity rule is designed to provide the public with additional transparency on company breaches when they occur, and provide timely notification of cybersecurity incidents. The Securities and Exchange Commission today proposed rules to better protect investors and enhance cybersecurity by bringing more Alternative Trading Systems (ATS) that trade Treasuries and other government securities under the regulatory umbrella. On March 9, 2022, the U.S. Securities and Exchange Commission (SEC) published an update to its proposed cybersecurity rules for investment advisers, registered investment companies, and business development companies (funds), expanding key aspects of the requirements to all public companies. The proposed rules only require advisers to report "significant" cybersecurity incidents to the SEC. If adopted, the proposed rules would apply to reg 3 Like other disclosure required by Form 8-K, an issuer would be required to file the Form 8-K within four business days after a triggering event. Although the SEC cybersecurity proposed rule changes have not been made official, companies can and should take steps to prepare for the potential rule . 3 Specifically, the proposed rule would "require advisers to report certain information regarding a significant cybersecurity incident in order to allow the [SEC] and its staff to understand the nature and extent of the . Specifically, the proposed rules would amend Form 8-K to require disclosure of information about a material cybersecurity incident within four business days of determining the incident is material. Disclose certain cybersecurity incidents in their brochure or registration statement. February 10, 2022. SUMMARY: The Securities and Exchange Commission is proposing new rules under the Investment Advisers Act of 1940 ("Advisers Act") and the Investment Company Act of 1940 . Proposed new Item 1.05 of Form 8-K would require companies to disclose information about a material cybersecurity incident within four (4) business days after the company determines that it has experienced a material cybersecurity incident. Order No. 14028, May 12, 2021), on February 9, 2022, the Securities and Exchange Commission (SEC) issued proposed rules 206(4)-9 under the Investment Advisers Act of 1940 (Advisers Act) and 38a-2 . The SEC proposed strengthened cybersecurity requirements for investment advisers and funds1 in a notice of proposed rulemaking (the "Proposed Rule") published in the Federal Register on March 9, 2022 and announced on February 9, 2022.2 The Proposed Rule includes requirements for written cybersecurity policies and procedures to address risk . SEC, EXAMS Risk Alert, Cybersecurity: Safeguarding Client Accounts against Credential Compromise (Sept. 15, 2020), available at. On March 9, 2022, the Securities and Exchange Commission ("SEC" or "Commission") held a virtual open meeting where it considered a rule proposal for new cybersecurity disclosure requirements for public companies, primarily consisting of: (i) current reporting of material cybersecurity incidents and (ii . Cyber risk is central to business risk, making it a board-level issue. These proposals are intended t o enhance and standardize disclosures around cybersecurity. 2. This will create a very similar director disclosure requirement that mirrors the boards current obligation to disclose, and name, financial . 03.21.2022. The Proposed Rules would require advisers and registered funds to adopt and implement policies and procedures that are reasonably designed to address cybersecurity risks based on an ongoing analysis of specific elements. input on the Securities and Exchange Commission's proposed rules on Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure. As GT reported previously , the SEC increased enforcement of cybersecurity compliance . The SEC voted 3-1 on March 9, 2022 to propose rule amendments (Proposed Rules) designed to provide investors with enhanced information to evaluate both a registrant's exposure to cybersecurity risks and incidents and the registrant's ability to manage and mitigate them.The Proposed Rules come on the heels of the SEC's recent proposals 1 concerning cybersecurity risk management for . New SEC Cybersecurity Rules Focus on Board Accountability. This is . Download now. Cybersecurity Risk Management Policies and Procedures. 2 The proposed rules follow several . While the SEC stated that, in some cases . "Cyber risk relates to each part of the SEC's three-part mission, and in particular to our goals of protecting investors and maintaining orderly markets," said SEC Chair Gary Gensler. The SEC would amend Form 8-K to add a new 8-K trigger (proposed Item 1.05) for cybersecurity incidents 2 that are material to the issuer. The SEC's proposed rules would require an issuer to timely disclose material cybersecurity incidents on a Current Report on Form 8-K, including specified information about the nature of the incident. The proposed rules accomplish these objectives through specific, mandated disclosure requirements applicable to all companies in a manner designed to enhance . On February 9, 2022, the U.S. Securities and Exchange Commission ("SEC") proposed a package of new rules and amendments to enhance cybersecurity preparedness and improve cyber resilience of investment advisers and investment companies against cybersecurity threats and attacks. As outlined in a joint statement issued by the FBI, CISA, and ODNI on 16 Dec, the US government has become aware of a significant and ongoing cybersecurity campaign. The proposed rules, if adopted, would require each public company to: 1) report material cybersecurity . The SEC proposed a rule in February that would require registered investment advisers, registered investment companies, and business development companies to adopt and implement written cybersecurity policies and procedures to address cybersecurity risks. SIFMA and SIFMA AMG provided comments on the proposed new cybersecurity risk management rules and amendments issued by the Securities and Exchange Commission (SEC). Under the proposed rules, RIAs must report "significant" cybersecurity incidents within forty-eight (48) hours. The SEC is proposing a new rule requirement to report "significant cybersecurity incidents" confidentially to the Commission on proposed Form ADV-C "promptly, but in no event more than 48 . The timing of the 8-K would be tied to an issuer's determination that the incident is material, not discovery of the incident itself. Here is an overview of key features of the proposed rules. On March 9, 2022, the Securities and Exchange Commission (SEC) proposed rules intended to enhance and standardize public company disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting. The Proposed Rules would amend Form 8-K to add an Item 1.05, requiring the disclosure of a material cybersecurity incident within four business days after a registrant determines that a material cybersecurity incident has occurred. Thursday, March 17, 2022. Proposed Rules Incident Disclosure. Cybersecurity Risk Management Policies and Procedures. The proposed rules would require reporting material cybersecurity incidents, and periodic updates about previously reported cybersecurity incidents. ACTION: Proposed rule. The public may also submit comments by email to rule-comment@sec.gov. On March 9, 2022, the Securities and Exchange Commission ("SEC") held an open meeting and proposed new cybersecurity disclosure rules for public companies by a 3-1 vote. Click for PDF. Cybersecurity Risk Management Policies and Procedures. The Securities and Exchange Commission today proposed amendments to its rules to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by public companies. Require advisers and funds to adopt and implement written policies and procedures that address cybersecurity risks. In a show of continued emphasis on cybersecurity enforcement from U.S. government agencies in the wake of the Biden Administration's Executive Order on Improving the Nation's Cybersecurity (Exec. "Over the years, our disclosure regime has evolved to reflect evolving risks and investor needs," said SEC Chair Gary Gensler. . The SEC has proposed new rules that would require registered investment advisers, registered investment companies, and business development companies to: Adopt and implement written cybersecurity policies and procedures meant to address cybersecurity risks.
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