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Ch. 27 · SEC / CFPB·Proposed·

Preempt blue sky for exchange/ATS trades; kill CAT; abolish Rule 144 resale limits

For capital markets, Mandate would preempt state blue-sky for securities on established markets, terminate the Consolidated Audit Trail, and abolish Rule 144/other resale restrictions in favor of issuer current-information duties.

Mandate

Mandate Ch. 27 (Financial Regulatory Agencies) — Better Capital Markets: SEC should preempt blue sky registration, qualification, and continuing reporting for securities traded on established securities markets (national exchange or ATS); terminate the Consolidated Audit Trail (CAT) program; abolish Rule 144 and other regulations that restrict securities resales and instead require a company that has sold securities to provide sufficient current information to the market.

Undo plan

1) Preserve CAT (or equivalent surveillance) for market manipulation/spoofing detection with privacy safeguards—do not terminate without replacement. 2) Limit blue-sky preemption to NMS securities; keep state tools for OTC microcaps. 3) Reform Rule 144 holding periods rather than abolish resale discipline that prevents pump-and-dumps. 4) Pair any resale liberalization with Rule 10b-5 enforcement resources. 5) Verify: CAT outage/alternative surveillance coverage; OTC fraud incidence.

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