12.17.2009 President Obama signed H.R. 3288, the appropriations bill that includes funding for the Securities and Exchange Commission (SEC). Accordingly, effective December 21, 2009, the § 6(b) fee rate applicable to the registration of securities, the § 13(e) fee rate applicable to the repurchase of securities, and the § 14(g) fee rate applicable to proxy solicitations and statements in corporate control transactions will increase to $71.30 per million dollars. The § 6(b) rate is also the rate used to calculate the fees payable with the Annual Notice of Securities Sold Pursuant to Rule 24f-2 under the Investment Company Act of 1940.
All filings submitted to the SEC before 5:30 p.m., ET, and filings pursuant to Rule 462(b) (17 C.F.R. 230.462(b)) submitted to the SEC before 10 p.m., ET, on December 18, 2009, will be subject to the current fee rate of $55.80 per million dollars. Rule 462(b) filings submitted after 10 p.m., ET, and all other filings submitted after 5:30 p.m., ET, on December 18, 2009, shall be deemed filed as of the next business day, December 21, 2009, under § 232.13 of Regulation S-T (17 C.F.R. 232.13), and be subject to the new fee rate of $71.30 per million dollars. In addition, effective January 15, 2010, the § 31 fee rate applicable to securities transactions on the exchanges and over-the-counter markets will decrease to $12.70 per million dollars. Until that date, the current rate of $25.70 per million dollars will remain in effect. The § 31 assessment on security futures transactions will remain unchanged at $0.0042 per round turn transaction.
The adjusted fee rates will not affect the amount of funding available to the SEC. The SEC will announce the new fee rates for fiscal year 2011 no later than April 30, 2010. These fee rates will become effective October 1, 2010, or after the SEC’s fiscal year 2011 appropriation is enacted, whichever is later.
Click http://www.sec.gov/news/press/2009/2009-270.htm to access the release.