•
Oversight and Supervision of TBMA. The assessors have raised the SEC’s awareness of the
need to improve transparency of pre-trade information for OTC debt securities. Particular
attention will be given to (1) amending relevant regulations to require the same-day report of
transactions and trade execution and (2) examining practices in modeling yield curve as pricing
of debt securities are widely used by mutual funds and institutional investors. The SEC will
ensure adequate supervision of all TBMA’s functions on OTC debt securities such as pricing
methodologies, trading regulations, and disclosure requirements.
•
Enhancement of Enforcement Effectiveness. Since civil sanction was granted by the SEA
amendment, the SEC has been effectively utilizing this authority on applicable cases without
delay. The SEC pursues to continue and elevate its level of effectiveness whilst seeks to expand
authority to bring civil enforcement actions for any violation of the SEA so that the difficulty in
criminal prosecution is diminished.
•
Shareholders’ rights. Given the importance of protecting and expanding shareholders’ rights,
the SEC is willing to take responsive actions according to the assessors’ recommendations on (1)
requiring more specific disclosure of directors’ interest in proxy statements, (2) allowing
shareholders to exert their withdrawal rights to cover other circumstances aside from takeover
case, and (3) establishing internal policies in relation to trading by insiders.
•
Regulating Market Intermediaries and Dealing with eventuality of failure. SEC has been
considering on assessors’ comments about Principle 32 focusing on effectiveness of customers’
asset management in the case that Market Intermediaries (MI) has a financial difficulty which can
cause major effects to clients and the whole system and deciding that the scope of existing laws
can achieve the objective of Principle 32.
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