Looking back at 2016, a number of developments in SEC regulations and EDGAR compliance occurred that have a significant impact on financial record-keeping, financial reporting and capital formation. We recap some of the most significant changes that happened last year before we turn our attention forward to 2017.

On December 12, 2016, EDGAR 16.4 was released by the Securities and Exchange Commission. This release primarily contained updates for Form MA and Form ABS-EE.

With the changing pace of technology, companies like Microsoft need to be vigilant about security issues. Every office has experienced it – that one user that gets a virus and the whole office becomes infected in a matter of minutes. To combat this problem Microsoft has started to force computers to update automatically. Gone are the days of Windows XP where users could continue to hit “Postpone” for weeks on end. Now we have the new Windows Update that installs and restarts your computer for you. Instead of coming into work to a virus attack, users are now unfortunately coming into work to find their documents and applications closed and their computers restarted.

On November 23, 2016, new Regulation AB II Asset-level requirements will go into effect. The SEC has encouraged registrants to test file Form ABS-EE filings prior to their first live filing and to allow time to transmit the form to the EDGAR System due to the size of the data file.

The Securities and Exchange Commission has adopted final rules to facilitate intrastate and regional securities offerings. The rules amend Securities Act Rule 147 to modernize the safe harbor under Section 3(a)(11) and establish a new intrastate offering exemption under Securities Act Rule 147A. Regulation D is also being amended to increase the aggregate offering ceiling for Rule 504 and to repeal Rule 505.

The SEC is proposing amendments to the federal proxy rules that will require the use of universal proxies in all non-exempt solicitations in connection with contested elections of the directors. These universal proxies will include the names of both registrant and dissident nominees, which would allow shareholders to vote by proxy in a manner that more closely resembles how they would vote at a shareholder meeting. The proxy process is the way most shareholders engage in the election of directors, so these proposed changes would have a large impact on corporations with securities registered pursuant to Section 12 of the Exchange Act. The Commission has long been focused on protecting and enhancing the ability of shareholders to elect directors, and these rules concerning proxies would permit better shareholder control over director elections.