Small Cap Liquidity Reform Act of 2014

Bill: 113-hr-3448
Sponsor: Rep. Duffy, Sean P. [R-WI-7]
Introduced: 2013-11-12 in the House
Policy area: Finance and Financial Sector
Subjects: Administrative law and regulatory procedures
Corporate finance and management
Financial services and investments
Securities
Securities and Exchange Commission (SEC)
Small business

Summary:
action_date: 2013-11-12
text: 
Small Cap Liquidity Reform Act of 2013 - Amends the Securities Exchange Act of 1934 to establish a liquidity pilot program for securities of emerging growth companies (EGC) with total annual gross revenues of less than $750 million, under which those securities shall be quoted using either: (1) a minimum increment of $0.05, (2) a minimum increment of $0.10, or (3) the increment at which the securities would be quoted without regard to such minimum increments.
 
Repeals the requirement for a Securities and Exchange Commission (SEC) study examining the transition to trading and quoting securities in one penny increments, known as decimalization.
 
Requires EGC securities quoted at a minimum increment of $0.05 or $0.10 to be traded at either such minimum increment or at one permitted by SEC regulations.
 
Prescribes procedures for an EGC board of directors to elect either to opt out or to change the minimum increment. 
 
Prescribes pricing and trading procedures governing securities trading below $1.00.
 
Directs the SEC to require an EGC under this Act to submit additional reports and disclosures.
 
Shields an issuer from liability for losses caused solely by the quoting or trading of its securities at a minimum increment of $0.05, $0.10, or another SEC-authorized increment.
 
Directs the SEC to report biannually to Congress on: (1) the quoting and trading of securities in increments permitted by this Act, and (2) the extent to which such quoting and trading increases liquidity and active trading by incentivizing capital commitment, research coverage, and brokerage support.
action_date: 2014-02-05
text: 
Small Cap Liquidity Reform Act of 2013 - Amends the Securities Exchange Act of 1934 to establish a pilot liquidity program for equity securities of emerging growth companies (EGCs) with total annual gross revenues of less than $750 million, under which those securities shall be quoted using either: (1) a minimum increment of $0.05 or $0.10, or (2) the increment at which the securities would be quoted without regard to such minimum increments. 
 
Repeals the requirement for an SEC study examining the transition to trading and quoting securities in one penny increments, known as decimalization.
 
Directs the Securities and Exchange Commission (SEC) to determine, in the case of an EGC whose securities are quoted at a minimum increment of either $0.05 or $0.10, the increment at which such securities are traded.
 
Requires EGC securities quoted at a minimum increment of $0.05 or $0.10 to be traded at either such minimum increment or at one permitted by SEC regulations.
 
Permits an EGC to opt out or change such minimum increment upon notifying the SEC 90 days after enactment of this Act. Limits any EGC to a single change of minimum increment (thus prohibiting any increases in the minimum).
 
Requires the SEC, upon notification of an EGC election, to inform each trading venue where the EGC securities are quoted or traded.
 
Requires that securities of issuers that cease to be EGCs be quoted at the increment at which such securities would be quoted without regard to the minimum increments established under this Act.
 
Prescribes pricing and trading procedures governing securities trading below $1.00.
 
Directs the SEC to require an EGC under this Act to submit additional reports and disclosures.
 
Shields an issuer from liability for losses caused solely by the quoting or trading of its securities at a minimum increment of $0.05 or $0.10, another SEC-authorized increment, or by both such quoting and trading.
 
Directs the SEC to report biannually to Congress on: (1) the quoting and trading of securities in increments permitted by this Act, and (2) the extent to which such quoting and trading increases liquidity and active trading by incentivizing capital commitment, research coverage, and brokerage support. 
 
Authorizes the SEC to: (1) make adjustments to the pilot program to ensure that it can provide statistically meaningful or reliable results, and (2) conduct any other study or pilot program to evaluate quoting or trading in various minimum increments.
 
Sunsets the pilot program five years after enactment of this Act.

action_date: 2014-02-11
text: 

 
Small Cap Liquidity Reform Act of 2014 - Amends the Securities Exchange Act of 1934 to establish a pilot liquidity program for equity securities of emerging growth companies (EGCs) with total annual gross revenues of less than $750 million, under which those securities shall be quoted using either: (1) a minimum increment of $0.05 or $0.10, or (2) the increment at which the securities would be quoted without regard to such minimum increments. 
 
Repeals the requirement for an SEC study examining the transition to trading and quoting securities in one penny increments, known as decimalization.
 
Directs the Securities and Exchange Commission (SEC) to determine, in the case of an EGC whose securities are quoted at a minimum increment of either $0.05 or $0.10, the increment at which such securities are traded.
 
Requires EGC securities quoted at a minimum increment of $0.05 or $0.10 to be traded at either such minimum increment or at one permitted by SEC regulations.
 
Permits an EGC to opt out or change such minimum increment upon notifying the SEC 90 days after enactment of this Act. Limits any EGC to a single change of minimum increment (thus prohibiting any increases in the minimum).
 
Requires the SEC, upon notification of an EGC election, to inform each trading venue where the EGC securities are quoted or traded.
 
Requires that securities of issuers that cease to be EGCs be quoted at the increment at which such securities would be quoted without regard to the minimum increments established under this Act.
 
Prescribes pricing and trading procedures governing securities trading below $1.00.
 
Directs the SEC to require an EGC under this Act to submit additional reports and disclosures.
 
Shields an issuer from liability for losses caused solely by the quoting or trading of its securities at a minimum increment of $0.05 or $0.10, another SEC-authorized increment, or by both such quoting and trading.
 
Directs the SEC to report biannually to Congress on: (1) the quoting and trading of securities in increments permitted by this Act, and (2) the extent to which such quoting and trading increases liquidity and active trading by incentivizing capital commitment, research coverage, and brokerage support. 
 
Authorizes the SEC to: (1) make adjustments to the pilot program to ensure that it can provide statistically meaningful or reliable results, and (2) conduct any other study or pilot program to evaluate quoting or trading in various minimum increments.
 
Sunsets the pilot program five years after enactment of this Act.


Legislative actions:
action_date: 2014-02-12
text: Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
action_date: 2014-02-11
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 412 - 4 (Roll no. 62). (text: CR H1746-1747)
action_date: 2014-02-11
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 412 - 4 (Roll no. 62).(text: CR H1746-1747)
action_date: 2014-02-11
text: Considered as unfinished business. (consideration: CR H1758)
action_date: 2014-02-11
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2014-02-11
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 3448.
action_date: 2014-02-11
text: Considered under suspension of the rules. (consideration: CR H1746-1748)
action_date: 2014-02-11
text: Mr. Garrett moved to suspend the rules and pass the bill, as amended.
action_date: 2014-02-05
text: Placed on the Union Calendar, Calendar No. 252.
action_date: 2014-02-05
text: Reported (Amended) by the Committee on Financial Services. H. Rept. 113-342.
action_date: 2014-02-05
text: Reported (Amended) by the Committee on Financial Services. H. Rept. 113-342.
action_date: 2013-11-14
text: Ordered to be Reported (Amended) by the Yeas and Nays: 57 - 0.
action_date: 2013-11-14
text: Committee Consideration and Mark-up Session Held.
action_date: 2013-11-12
text: Referred to the House Committee on Financial Services.
action_date: 2013-11-12
text: Introduced in House
action_date: 2013-11-12
text: Introduced in House
action_date: 2013-10-23
text: Hearings Held by the Subcommittee on Capital Markets and Government Sponsored Enterprises Prior to Introduction and Referral.