A Second Chance: The SEC Reopens Comment Periods on Climate, Cyber and Other Rule Proposals in Response to Technical Glitch
If you previously submitted comments, verify your comments were received.
A technological error in the online comment portal on sec.gov has prevented the Securities and Exchange Commission (“SEC”) from receiving comments on twelve rule proposals (the “Affected Proposals”), according to a new SEC release. The error is believed to have occurred as early as June 2021. Although only a small number of comments are likely to have been affected by the technological error, the SEC has reopened the comment period on the Affected Proposals to ensure that all comments are received. New comments are also permitted. The full list of Affected Proposals can be found in the SEC release and includes:
The reopening of the comment period may delay the publication of the final rules.
If you submitted a comment to the SEC between June 2021 and August 2022, we recommend confirming that your comment was received by going to the relevant comment page on sec.gov. Received comments on the Climate Proposal may be viewed here; comments on the Cyber Proposal may be viewed here; comments on the SPAC Proposal may be viewed here; and comments on the Share Repurchase Proposal may be viewed here. Resubmitted comments will be treated as if received on their original submission date.
The SEC has reopened the comment period for everyone, not just to those whose comments were affected by the error. If you have not submitted a comment on the Affected Proposals, consider commenting before the new deadline, which will be 14 days after the SEC’s notice is published in the Federal Register. Comments can be submitted electronically, via either the SEC’s comment form or by sending an email to email@example.com. Alternatively, paper comments can be sent to the SEC’s D.C. address.
For more on the SEC’s Proposed Rules on Climate, see Vinson & Elkins’ whitepaper, which provides an in-depth review of the proposal in order to help companies assess how the proposed rule may impact them.
For more on the SEC’s Proposed Rules on Cybersecurity, see Vinson & Elkins’ previous discussion on the topic; and for further analysis on the Proposed Rules on Special Purpose Acquisition Companies, see our previous discussion or our comment letter on the topic.
This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended, nor should it be construed, as legal advice.