Administrative Procedure Act
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Investor groups sue SEC over no-action process policy changes
Yahoo Finance· 2026-03-23 16:01
Core Insights - The SEC has changed its no-action process, allowing companies to exclude shareholder proposals more easily, which has led to a lawsuit from activist investor groups [3][7] - The lawsuit claims that the SEC's changes violate the Administrative Procedure Act and the established shareholder proposal process under Rule 14a-8 [4][5] Group 1: SEC Policy Changes - The SEC's Division of Corporation Finances will only provide interpretations of no-action requests based on state law, limiting its role in the shareholder proposal process [3] - The changes are described as a significant shift in the long-standing Rule 14a-8 process, which has been relied upon by both companies and shareholders for decades [5] Group 2: Lawsuit Details - The lawsuit filed by As You Sow and ICCR seeks to have the SEC's new policy declared unlawful and vacated, arguing it improperly alters legal rights and obligations [6][7] - The complaint alleges that the SEC's policy change is arbitrary and capricious, failing to follow proper procedures for such changes [5][6]
Mortgage regulator Bill Pulte has posted at least 13 agency orders on his personal X account
Business Insider· 2025-09-15 16:23
Core Viewpoint - Bill Pulte, head of the Federal Housing Finance Agency (FHFA), has been using his personal social media account to post official orders, raising concerns about the legality and transparency of such practices in the regulation of Fannie Mae and Freddie Mac, which are central to the $21 trillion residential mortgage market [2][4][15]. Group 1: FHFA's Communication Practices - Pulte has posted at least 13 official orders on his personal account since assuming his role in March, a practice that is unusual for the head of an agency that regulates major housing-finance companies [2][4]. - Previous FHFA leaders did not have a consistent standard for publishing orders, with some appearing in the Federal Register or on the agency's website, while others were circulated via email [3][9]. - Former FHFA officials expressed that they had not encountered orders being communicated through social media before Pulte's tenure [3][12]. Group 2: Legal and Regulatory Concerns - Legal experts have raised concerns about the legality of publishing directives on a personal social media account, questioning how stakeholders are expected to track changes that could impact lenders, investors, and tenants [4][14]. - Pulte's directive to consider cryptocurrency assets in mortgage underwriting has been highlighted as particularly controversial [10][18]. - The FHFA has not responded to inquiries regarding Pulte's social media posts, and there are implications that some of his posts may violate the Privacy Act [15][16]. Group 3: Impact on the Housing Market - The orders posted by Pulte, including those rolling back climate change and tenant protection requirements, have not been made available on any government websites [5][18]. - The National Association of Realtors has described some of Pulte's orders as not creating notable cost savings, indicating that they may not significantly impact the housing market [18]. - More critical to the future of Fannie Mae and Freddie Mac is the potential sale of part of the US Treasury's stake in these companies, which could generate billions for the federal government and affect their capital positions [19].
NCLA Amicus Brief Asks Fifth Circuit to Maintain Block Against Corporate Transparency Act
GlobeNewswire News Room· 2025-03-03 19:04
Core Argument - The New Civil Liberties Alliance (NCLA) filed an amicus curiae brief urging the Fifth Circuit to uphold a preliminary injunction against the enforcement of the Corporate Transparency Act (CTA), which they argue is unconstitutional and exceeds regulatory authority [1][3]. Summary by Sections Corporate Transparency Act (CTA) Overview - The CTA requires organizations incorporated under state law to submit detailed reports containing sensitive information to the Department of the Treasury, with civil or criminal penalties for non-compliance affecting over 30 million organizations nationwide [2]. Legal Arguments Against CTA - The government claims the CTA is authorized by the Constitution's Commerce Clause, but the NCLA argues that incorporation does not constitute economic activity, as it does not involve the production, consumption, or exchange of goods or services [3]. - The NCLA contends that the government's request to limit the injunction to only the corporate entities involved in the Texas case is flawed, as the Administrative Procedure Act allows for a nationwide injunction against the CTA [4]. NCLA's Position - NCLA emphasizes that regulating based solely on a corporation's status as a commercial actor would lead to boundless governmental power, undermining the concept of limited government [5].