Ralph
Waldo Emerson once said, "Can anybody remember when
the times were not hard and money not scarce?" That
time certainly isn't today. Money is scarcer than ever,
and it seems every new financial decision is harder than
the last.
In
the face of difficult decisions, it's natural to search
for additional and more meaningful information. Good decisions
flow from good, truthful and complete information. For investors,
the search for good information begins with the Securities
and Exchange Commission.
Most
individual investors access company information using third-party
services, such as Yahoo Finance, Bloomberg, etc., rather
than the SEC's Edgar system. The Edgar system presents massive
amounts of data, but isn't an effective distiller of information.
Therefore,
in June, the SEC announced it eventually would replace Edgar
with a new interactive "company file system."
The plan is to improve how it acquires information from
public companies, mutual funds, brokers and other regulated
entities, and how it makes that information available to
investors and the public.
This
effort has been named the "21st Century Disclosure
Initiative." Its goal is to modernize the disclosure
system, so that information is more useful and transparent
to investors, the marketplace and the SEC, while using all
the conveniences and efficiencies of modern technology.
The
initiative has three phases.
o
In the first phase, SEC staffers will prepare a high-level
plan to help the SEC make the transition to the company
file system. That's under the guidance of Rutgers University
professor Bill Lutz, who teaches English, is an attorney
and has written 17 books.
Useful
information must be easily understood, in plain English.
Lutz is already a consultant on plain language to the SEC,
and helped prepare the SEC's "Plain English Handbook."
He's also the author of "Doublespeak: From Revenue
Enhancement to Terminal Living" (1989). This first
phase is due to be completed by Dec. 31.
o
In the second phase, the SEC will establish a Federal Advisory
Committee, which would review the plan and make recommendations
to the SEC for implementing it. This phase is to be completed
in early 2009.
o
In the final, multiyear phase, the SEC will consider and
begin acting on the advisory committee's recommendations.
The public will be invited to make comments.
The
SEC hopes the study will be a fundamental rethinking of
financial disclosure, with emphasis on investors' perspective.
Another purpose is to match today's information technology
capabilities with investors' needs and the SEC's regulatory
aims.
The
study will include a review of all SEC forms (there are
at least 160 in use today), with a special focus on redundancy.
The
study also will focus on how to get the information to investors
more quickly, and how to enable the investor to compare
data that's filed with the SEC.
The
company file system is at the heart of the 21st Century
Disclosure Initiative. The SEC hopes it would be dynamic,
accessible, easier to use than Edgar and of high quality,
enabling the SEC to better fulfill its mission of protecting
investors, maintaining orderly markets and facilitating
the formation of capital.
The
system would collect core information about an entity in
a central and logically organized interactive data file.
Companies would supplement that information with the same
periodic and transactional information that's currently
required by SEC disclosure regulations.
It's
hoped the system would provide enormous benefits because
it could save time, costs and confusion for filers by removing
complexity and redundancy. Furthermore, all investors would
enjoy improved real-time access to the most current information
about a company or fund.
The
SEC has invited public comment. To participate, send an
email to DisclosureInitiative@sec.gov; call 202-551-4144;
or send mail to 21st Century Disclosure Initiative, Mail
Stop 3561, 100 F St. NE, Washington, D.C. 20549.
The general website for the 21st Century Disclosure Initiative
is www.sec.gov/DisclosureInitiative.
Furthermore,
the SEC has requested formal comments on the subjects affected
by the 21st Century Disclosure Initiative. The first "Roundtable
for Discussion" was held Oct. 8.
Visit http://www.sec.gov/rules/other.shtml
to submit comments on this or any other SEC activity.