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SEC Amends Conduct Rules for Former Members, Employees

March 7, 2012
The SEC adopted technical amendments to the rule under which former members and employees of the Commission are required to file with the Commission a statement concerning their practice outside the government.  The SEC has changed the office that's responsible for processing these statements and for providing a means of filing a statement electronically.  The changes are effective Wednesday, today, 3/7/12. As amended, SEC Conduct Rule 8(b) ... requires that any former member or employee of the Commission who, within 2 years after ceasing to be such, is employed or retained as the representative of any person outside the government in any matter in which it is contemplated that he or she will appear before the Commission, or communicate with the Commission or its employees, shall, within 10 days of such retainer or employment, or of the time when appearance before, or communication with the Commission or its employees is first contemplated, file with the Secretary of the Commission a statement which includes:
  • A description of the contemplated representation;
  • An affirmative representation that the former employee, while on the Commission’s staff had neither personal and substantial responsibility nor official responsibility for the matter which is the subject of the representation;
  • The name of the Commission Division or Office in which the person had been employed.
To increase efficiency, going forward the SEC is requiring that SEC conduct rule 8(b) submissions be sent to the Office of the Ethics Counsel rather than the Secretary of the Commission and is providing a means of filing a statement electronically. For further details, go to:   [SEC Final Rule Release 34-66502, 3/7/12].