S.Amdt. 3804Senate111th Congress (2009-2011)2nd degree
S.Amdt. 3804
Sponsored by
Sen. Robert Menendez (D-NJ)
Submitted May 4, 2010
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Senate amendment submitted
May 4, 2010
Text
Submitted
SA 3804. Mr. MENENDEZ submitted an amendment intended to be proposed to amendment SA 3739 proposed by Mr. Reid (for Mr. Dodd (for himself and Mrs. Lincoln)) to the bill S. 3217, to promote the financial stability of the United States by improving accountability and transparency in the financial system, to end ``too big to fail'', to protect the American taxpayer by ending bailouts, to protect consumers from abusive financial services practices, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle A of title I, add the following: SEC. 122. ENHANCED DISCLOSURES. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: ``(n) Enhanced Disclosures Required.-- ``(1) In general.--The Commission shall, by rule, with respect to each issuer that is subject to enhanced standards under title I of the Restoring American Financial Stability Act of 2010, and that is required to file periodic reports with the Commission, and any other issuers that the Commission determines appropriate-- ``(A) require each such issuer to provide, together with its annual reports to the Commission, a detailed written description of all off balance sheet activities of the issuer and a detailed justification for not putting each of those activities on the balance sheet; and ``(B) pursuant to its authority under section 13 and 15(d), require each such issuer to disclose in each quarterly and annual filings required by the rules of the Commission-- ``(i) the total liabilities of the issuer as of period end and total assets as of period end; ``(ii) the average daily liabilities during the measured period and average daily assets during the measured period; ``(iii) any short term borrowings, including separately presenting securities sold under agreements to repurchase, shown as of the end of the period and as a daily average during the period; ``(iv) a period end leverage ratio, measured as total equity capital as of period end, divided by total assets as of period end; ``(v) an average daily leverage ratio, measured as average daily equity capital during the measured period, divided by average daily assets during the measured period; and ``(vi) any other leverage or liquidity ratios that the Commission determines, by rule, to be appropriate. ``(2) Transactions affecting future liquidity.--The Commission shall issue rules requiring the disclosure of information on transactions that were accounted for as sales by the issuer, but have implications for future liquidity. ``(3) Graphic representations authorized.--The disclosures under this subsection may include a graphic representation of the information required to be disclosed.''. ______