SEC Takes Action on ESG Investing, Cybersecurity, and More in October 2023

The Securities and Exchange Commission (SEC) took a number of actions in October 2023 related to ESG investing, cybersecurity, and other areas. These actions reflect the SEC's continued focus on protecting investors and promoting fair and orderly markets.

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SEC Takes Action on ESG Investing, Cybersecurity, and More in October 2023

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October 2023 has proven to be a pivotal month for the U.S. Securities and Exchange Commission (SEC). With several key actions on Environmental, Social, and Governance (ESG) investing, cybersecurity, and other financial sectors, the SEC has shown its commitment to modernizing financial regulations and ensuring the protection of investors. These actions reflect the SEC's continued focus on protecting investors and promoting fair and orderly markets.

ESG Investing

Recent surveys have shown a surge in interest among investors for companies with strong ESG frameworks. According to the Global Sustainable Investment Alliance, ESG assets have grown by 15% in recent years. Recognizing this trend, the SEC has taken steps to enhance transparency and reliability in ESG-related disclosures.

In October, the SEC unveiled a set of guidelines aimed at standardizing ESG-related disclosures by companies. These guidelines will help investors make more informed decisions and ensure that companies are held accountable for their ESG claims.  Investment funds purporting to focus on ESG factors have boomed in recent years. Bloomberg says ESG investments are surpassing $41 trillion worldwide. In the US alone, sustainable investments accounts for a third of US assets under management according to the US Forum for Sustainable and Responsible Investment.

One of the proposed rules would require investment funds that claim to be ESG-focused to disclose how they define ESG and how they incorporate ESG factors into their investment process. The rule would also require funds to disclose their ESG performance. Another proposed rule would require public companies to disclose information about their climate-related risks. This information would include the company's greenhouse gas emissions, its climate risk management policies, and its impact on climate change.

The SEC's proposed ESG rules are still in the early stages of development. The SEC is accepting public comments on the rules until December 19, 2023. Investors should familiarize themselves with the new ESG guidelines and review any ESG-centric portfolios or funds to ensure they align with the latest standards.

Cybersecurity

Cybersecurity remains a pressing concern for both companies and investors. Recent data breaches, like the one affecting major tech firm CyberGuard Inc. in September, have only underscored the need for stringent cybersecurity measures.

In response, the SEC has updated its cybersecurity disclosure guidelines, emphasizing the importance of timely and comprehensive reporting of cyber incidents. One of the SEC's actions was to issue a proposed rule that would require public companies to disclose information about their cybersecurity risks and governance practices. The rule would also require companies to disclose any material cybersecurity incidents that occur. Renowned cybersecurity expert, Dr. Alan Torres, mentioned, "The SEC’s proactive approach is commendable. These guidelines will go a long way in ensuring companies prioritize cybersecurity, ultimately benefiting investors."

Another SEC action was to issue a guidance alert on the risks associated with decentralized finance (DeFi) platforms. The alert warned investors about the risks of fraud, theft, and market manipulation on DeFi platforms.

The SEC's cybersecurity actions are designed to help protect investors from cyberattacks and to promote market integrity. Companies should revisit their cybersecurity protocols, ensuring they align with the SEC’s updated guidelines. Investors, too, should prioritize businesses with robust cybersecurity measures while making investment decisions.

Other SEC Actions

In addition to its actions on ESG investing and cybersecurity, the SEC also took a number of other actions in October 2023. These actions included:

  • Proposing a rule that would require public companies to disclose information about their executive compensation programs.
  • Digital Assets: With the burgeoning growth of cryptocurrency and blockchain technologies, the SEC has highlighted its intent to revisit regulations surrounding digital assets. Preliminary discussions indicate a focus on investor protection and mitigating market manipulation..
  • Broker-Dealer Regulations: The SEC is also reconsidering broker-dealer regulations to ensure a level playing field and to protect the interests of small investors.

The SEC's actions in October 2023 reflect the agency's continued focus on protecting investors and promoting fair and orderly markets.

What Investors Can Do

Investors can take a number of steps to protect themselves from the risks identified by the SEC. These steps include:

  • Carefully reviewing ESG disclosures before investing in ESG funds.
  • Researching cybersecurity risks before investing in public companies.
  • Being cautious when investing in DeFi platforms.
  • Reviewing executive compensation plans before investing in public companies.
  • Being aware of the risks of securities fraud.

Investors should also stay informed about the SEC's latest actions by visiting the SEC's website and subscribing to the SEC's email alerts.

We have witnessed the SEC's robust efforts in refining financial market regulations. The agency's actions in the ESG and cybersecurity domains signify its commitment to evolving with the times and prioritizing investor interests. Investors can take a number of steps to protect themselves from the risks identified by the SEC, such as carefully reviewing ESG disclosures, researching cybersecurity risks, and being cautious when investing in DeFi platforms.

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