The US Securities and Exchange Commission (SEC) is an all - powerful federal body of the United States responsible for full control and regulatory regulation of the securities market and all its participants (exchanges, brokers, market makers, issuers of securities, investors, traders).
Content
- The role and significance of the SEC - the main instrument of investor confidence in the US
- Who is controlled by the SEC?
- What does the SEC require in its monitoring?
- The main functions of the SEC
- The reason for the investigation by the SEC may serve as
- High-profile SEC Investigations
- The SEC investigation against Elon Musk, the founder of the Tesla Corporation
- SEC investigation against World Boxing Champion Mayweather
- SEC and CFTC: What is the difference between the two US federal agencies?
- SEC and Cryptocurrencies
- SEC Head office and its organizational structure
- The first and most criticized head of the SEC in the history of the United States
- Failures in the work of the SEC
The role and significance of the SEC - the main instrument of investor confidence in the US
Roosevelt's "New Deal" from 1933 brought the country out of the "Great Depression" (1929-1932) and became the starting point for the transformation of the United States into a "superpower". The key link of the reforms was not the abolition of the "prohibition law" and the construction of autobahns with a sharp reduction in unemployment (as modern economists write about), but the creation of a mechanism for long-term and STABLE investment attraction in the American economy through "full protection of investors' rights" by the state.
This process was controlled by the federal agency SEC, which received DICTATORIAL powers from the moment of its establishment (1934) to this day.
What are the results of the SEC's work over 85 years to protect the interests of investors? Look at the capitalization of the largest American stock exchanges - NYSE $32 trillion. (September 2018) and NASDAQ - $7 trillion (2018).
Is it a lot or a little? This is 3 times more than China's GDP in 2018. Such a large-scale attraction of investments in the United States was largely due to TRANSPARENCY and guarantees, which are guarded by the SEC, it is not for nothing that 54% of Americans invest their savings in the American stock market.
Read more: What is the New York Stock Exchange (NYSE)
Who is controlled by the SEC?
The US Securities and Exchange Commission controls
1. ALL participants of the financial markets, namely
- all stock and commodity exchanges-NYSE, NASDAQ, CME, SWOT, SVO, NYMEX, ICE, COMEX, MGEX, BATS Global Markets, etc.
- OTC markets, including OTC Markets Group and OTC Bulletin Board;
- all issuers of securities that issue shares, bonds and derivatives of their enterprises on the stock exchanges or on the OTC market;
- all hedge funds (including Buffett and Soros funds);
all financial asset management holdings (BlackRock with a capital of $6 trillion, The Vanguard Group with $4.8 trillion, JPMorgan Chase with $2 trillion, etc.); - exchange-traded ETF funds that copy the investment portfolios of the largest stock indexes (iShares with assets of $1.21 trillion, State Street (SSGA) with $546 billion. etc.);
- investment banks;
- brokers,
- market makers.
2. ALL securities and financial instruments: shares, options, stock futures, promissory notes, swaps, checks, bills of lading, warrants, investment units, trust, deposit and savings certificates, etc.
Read more: What are futures: types, features, advantages and risks
3. ALL investors who, in the case of buying 5% of the shares of any company on any of the US exchanges, are required to register with the SEC.
4. ALL successful traders on any trading platform in America. For example, the world champion in trading, Larry Williams, said that he was twice subject to an audit by the SEC and the CFTC, which first froze his trading accounts, then began checking, which, however, he easily passed.
Given that ALL the world's corporations issue securities that are listed on one of the US exchanges, guess at once what the SEC REALLY controls? That's right, all global financial flows invested through one or another type of securities (i.e. everything except direct financial transfers from bank to bank, which falls under the monitoring of another US federal agency).
What does the SEC require in its monitoring?
- full transparency and truthfulness of financial reports of all financial market participants;
- explanations of the logic of making a decision with a large investment;
- compliance with SEC regulations. For example, since 2017, it is prohibited to have financial relations with Iran, Somalia, Sudan, the DPRK and the Crimea.
Read more: How to determine the beginning of the movement of the "bull" market?
The main functions of the SEC
- Monitoring compliance with federal laws related to the activities of financial markets.
- Supervision of activities on the securities market and protection of investors from fraud and manipulation.
- Control over investors' access to significant financial and other information that public companies are required to provide.
- Establishing rules for the registration of securities offered for sale, as well as the activities of capital markets and stock exchanges.
- Supervision of the activities of private regulators, accounting and audit.
- Control of corporate acquisitions in the United States. For example, in the case of a purchase of more than five percent of the company's equity, the buyer is obliged to inform the Commission about this, since in such a situation there is a risk of absorption.
The reason for the investigation by the SEC may serve as
- Failure to provide important information about securities or misleading
- Manipulation of the market value of securities
- Theft of securities or client funds
- Violation of the principle of fair treatment of the broker-dealer to the client
- Insider Trading
- Sale of unregistered securities.
High-profile SEC Investigations
The scale of the SEC investigation is visible from statistics: in 2018 alone (the reporting period from September 2017 to September 2018), the SEC opened 490 cases, issuing fines totaling $3.95 billion! The figure is comparable to the GDP of Montenegro or the Maldives for the same year.
Here are some examples to understand who is fined by the US Securities and Exchange Commission and for what.
Read more: Swaps in the financial market. What are they and what are they given to the trader
The SEC investigation against Elon Musk, the founder of the Tesla Corporation
In 2018, the SEC fined Tesla founder Elon Musk $20 million for a tweet about "wanting to buy back all Tesla shares". The shares immediately jumped in price, and the SEC launched an investigation as a result of which it found out that Musk had neither financial capabilities nor intentions that he publicly announced. The result: a fine for "manipulation on the stock exchange" and a temporary ban on staying on the board of directors of your own company.
The Tesla corporation was fined separately for the same amount.
SEC investigation against World Boxing Champion Mayweather
In 2018 SEC fined $614.7 thousand to multiple world boxing champion Floyd Mayweather Jr. He was accused of covertly promoting the ICO of Centra Tech. Yes, yes, that's right. The famous athlete in his social network account "forgot" to warn subscribers that he received money from Centra Tech for advertising their crypto project when he wrote that he considered their tokens "promising for investment".
Mayweather did not agree with the accusation, but he paid the fine...
Hollywood stars earn money from advertising, but each of their videos has a "advertising" bar and shows a story in the "advertising" section, and not financial news with a story about how the "star" successfully trades on the financial markets with a particular stock or currency broker. And this is clearly and objectively monitored by the SEC.
Read more: What is an ICO?
SEC and CFTC: What is the difference between the two US federal agencies?
In 1974 the US Congress organized the 2nd federal agency - the CFTC (Commodity Futures Trading Committee), transferring part of the powers of the SEC to it. The boundary of powers concerned the markets
- The CFTC became responsible for futures (gold, silver, oil, nickel, cotton, wheat, cocoa, etc.) and financial institutions involved in their trading;
- The SEC is responsible for the stock market and all its varieties of securities.
Of course, their functions often overlap. For example, if the bank:
- issued shares, bonds, promissory notes
- it is controlled by the SEC;
- brought a contract/futures of the Canadian dollar or oil to the exchange-this activity of the bank is controlled by the CFTC.
SEC and Cryptocurrencies
Cryptocurrencies were also clearly "divided" between the SEC and the CFTC:
- the current futures of the Chicago Bitcoin and Ethereum Exchange are controlled by the CFTC;
- new ICO - SEC.
The position on entering the market of new coins was clearly voiced by the current head of the US Securities Commission, Jay Clayton:
- "If you want to go to the IPO with your token, welcome to us. The SEC will help to conduct a public offering to issuers who are ready to assume obligations in accordance with the requirements of the law."
- About bitcoin: "If cryptocurrencies, such as bitcoin, act as an alternative to sovereign currencies, such as the dollar, euro, yen, they are not considered a security, unlike a token or a digital asset."
- About the new cryptocurrencies: "If I give you money for business development, and you promise me to receive some profit in the future for this, then such an asset is already a security and is subject to regulation."
As you can see, the position of the US Securities Commission on cryptocurrencies is logical and very transparent. Anyone who wants to issue tokens to the market needs to register with the SEC.
Why, according to many analysts, did this position "have a negative impact on the crypto market"? The problem is that only 3% of the owners of new tokens implement their crypto projects according to the promises made during the ICO. Why would 97% of the organizers of new coins need such SEC control if they were just planning to scam investors? The media, of course, voiced completely different reasons.
Read more: Who are Market Makers and what are they doing on the market?
SEC head office and its organizational structure
The main office of the US Securities and Exchange Commission is located at 100 F Street, NE Washington, DC 20549.
The structure of the SEC is quite simple:
- 5 members of the commission (one of them is the chairman of the SEC), who change once a year;
- 5 SEC departments (each headed by a member of the commission) - "corporate finance" (controls the issue of securities), "trade and markets" (supervision of exchanges, brokers and securities traders), "investment management"(reporting of issuers and investor complaints) and "legal application department" (monitoring compliance with the law of all market participants), "economic analysis of markets and risks" (monitoring markets and preparing new legal documents);
- 24 divisions serving 5 departments - judges, inspectors, legal advisers, auditors-accountants, specialists in "ethics (!) of the market", etc.
- 11 regional offices in New York, Los Angeles, Boston, San Francisco, Philadelphia, Chicago, Atlanta, Fort Worth, Miami, Salt Lake City and Denver.
All members of the commission are appointed by the President of the country, the Senate approves, but the exchange market regulator remains... an independent structure (like, for example, an American court!).
The SEC is a federal body, so its decisions are subject to enforcement throughout the United States of America.
The SEC cooperates with all US law enforcement agencies (the prosecutor's office, the FBI, the police, the tax service, etc.), each of which transmits materials to the SEC during investigations concerning financial markets.
Read more: Issuer of securities: definition, types and features
Tasks of the Federal Securities and Exchange Commission of the United States:
- control over all participants and financial instruments of the exchange markets;
- establishment of rules on the securities market;
- adoption of new acts of regulation of financial markets when any problem is detected;
- investigation of any violations in the financial markets.
The US Securities and Exchange Commission, with its own staff of judges, independence from other branches of government, full control over all participants and financial instruments of the exchange markets and the annual rotation of one of the 5 members of the Commission.
But it was these powers that allowed attracting tens of trillions of dollars of investments to the United States with effective protection of investors ' rights and the annual suppression of hundreds of violations and crimes in the financial markets, regardless of the faces of those who violated the Law and encroached on the rights of investors.
The first and most criticized head of the SEC in the history of the United States
The first head of the US Securities and Exchange Commission was Joseph Kennedy (1888-1969), the father of the future American President John F. Kennedy. Why is such a term applied to it? Answer the question about the policy yourself, which:
- became a multi-millionaire at the age of 35 (1923) on the illegal alcohol trade during prohibition (1919-1933);
- he invested the earned funds in "playing on the stock exchange" and "bold transactions" with real estate, where he again succeeded, dramatically increasing the capital of the "family", miraculously avoiding large losses on "Black Thursday" on October 24, 1929 - the day of the stock market crash of America;
- after the abolition of Prohibition in 1933, the Kennedy Somerset Importers Corporation received an exclusive (monopoly) to export to the United States a number of brands of alcohol (including John Dewar & Sons Scotch whiskey and Gordon's gin).
Compare with the principles for SEC members, according to which "only well-known individuals who have earned an impeccable reputation can become members of the SEC." Of course, the competitors of the Democratic Party, the Republicans, could not ignore this fact, bringing down a whole waterfall of criticism on the new head of the SEC from the pages of The Wall Street Journal and other media close to the Republicans.
It is not surprising that Joseph Kennedy worked as the head of the SEC for a little more than a year (July 1934-September 1935), leaving for the post of head of the US Maritime Commission, and in 1938-1940 as the US ambassador to the UK (there Kennedy Sr. again "plunged" into the abyss of scandals. After the outbreak of the 2nd World War in 1939, the ambassador to Great Britain began to advocate negotiations... with Hitler and banned the issuance of American visas to German Jews who tried to move to the United States).
Failures in the work of the SEC
The Dotcom crisis is the main shock of the NASDAQ stock exchange, which in March 2000. lowered the NASDAQ Composite index by almost 5 times
The "Dotcom crisis" gave rise to a fall and a 2-year bear market of all stock indexes in the world, although weaker than it happened on the NASDAQ. So:
- the NASDAQ Composite stock index fell by 466.54% (by 4132 points);
- the Dow Jones index by 61.25% (4552 points);
- the SP 500 stock index increased by 50.18% (782 points).
Read more: Bulls and bears, as well as other animals on the stock exchange
The "Dotcom crisis" is a natural stage in the development of Internet business in the conditions of:
- the absence of contextual advertising in those years. I.e., website traffic did not make a profit until in February 2002 Google has launched a version of AdWords, through which Internet resources began to receive guaranteed financial income from advertising.
- market makers were clearly carried away by 2000 in the "promotion" of the bullish trend, increasing and increasing the cost of Internet resources.
But, you must agree, these are not the reasons for the financial losses of $5 trillion with the balancing of the US economy on the verge of a new "Great Depression"? Everything will fall into place if you synchronize the dates of the strikes on the exchanges:
- March 2000 - the dotcom crisis and the beginning of the fall of the markets;
- December 9, 2000 - hacking of the Nasdaq Stock Market website;
- September 11, 2001 - terrorist attack on the United States, panic in the markets, closing of trading on the NYSE and NASDAQ.
Someone purposefully tried to "drop the markets", cause distrust in the "high-tech sector" (which is the future) by redirecting investments to the real estate and oil markets. As a result, we succeeded - the "soap bubble" in the real estate market began to grow (it burst in the global crisis of 2008), and the bullish trend of oil continued until 2014.
Read more: About NASDAQ Stock Exchange
The SEC tried to reach out to the customers of the 9/11/2001 terrorist attacks, taking into account all market participants who opened large sell orders on the eve of the tragedy, especially for airline shares, which rose strongly the day before (!!), and then fell by 40%. The results of the investigations were not publicly released, as were the conclusions of SEC analysts about the exit to the entire chain of those who earned more than others, first on the fall of the market, and then on the growth of real estate and oil, gas futures, etc.