Ripple CLO Calls Out SEC's Rule Violation, Court Agrees

In a recent development, a court has ruled against the Securities and Exchange Commission (SEC) for illegally rescinding a rule on proxy advisory firms. Ripple CLO Stuart Alderoty highlighted this event, noting that the move was made without following the Administrative Procedure Act, with SEC Chairman Gary Gensler personally directing the action.

The SEC's Proxy Advisory Firms Rule, enacted in 2020, was designed to increase transparency and accountability by requiring proxy advisory firms to share their voting recommendations with target companies at the same time they share them with their clients, disclose potential conflicts of interest and allow companies to review and respond to the recommendations before they are finalized.

The case, National Association of Manufacturers v. SEC, argues that the proxy rule, which never went into effect, was struck down in November 2021. This was one month before proxy firms were required to comply with the new terms.

According to court documents, the rescission process began shortly after Gary Gensler assumed his role as SEC chairman. In June 2021, Gensler directed his staff to reconsider the rule and suspended its enforcement in the meantime.

Pressure

Ripple's legal team, along with other top executives, has been a frequent critic of the SEC and its leadership recently. This is particularly relevant in light of Ripple's ongoing legal battle with the regulator, which now spans more than three years.

As the fall approaches, the SEC and Gensler are facing increasing pressure not only from Ripple but also from the broader crypto industry. Alderoty's latest post also underscores that traditional industry representatives are raising concerns about the SEC's current regulatory approach and leadership.