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Economic Report of the President

Report - The American Presidency Project

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ates fully negotiable by May 1976. The deregulation <strong>of</strong> fixed commissionrates illustrates <strong>the</strong> efficiency gains that follow deregulation.Since <strong>the</strong> total deregulation <strong>of</strong> commission rates, average commissionscharged to customers have decreased. Services which were previouslyprovided jointly whe<strong>the</strong>r customers used <strong>the</strong>m or not, arenow substantially unbundled.Financial DisclosureThe Securities Exchange Act <strong>of</strong> 1933 required financial disclosurefor corporations seeking to raise capital through <strong>the</strong> issuance <strong>of</strong> newsecurities. The Securities Exchange Act <strong>of</strong> 1934 required periodic financialdisclosure for corporations with publicly traded securities.One <strong>of</strong> <strong>the</strong> motivations for this original legislation was a belief thatcorporations must be forced to disclose financial information inorder to protect <strong>the</strong> interests <strong>of</strong> investors. In recent years <strong>the</strong>re hasbeen concern that <strong>the</strong>se requirements have precluded new securityissues thus inhibiting <strong>the</strong> efficiency <strong>of</strong> <strong>the</strong> capital market. Additionally,a growing body <strong>of</strong> scholarship has questioned whe<strong>the</strong>r <strong>the</strong>se requirementshave served <strong>the</strong> interests <strong>of</strong> investors. Recently, some <strong>of</strong><strong>the</strong>se stringent disclosure requirements were ended for certain types<strong>of</strong> corporations. Specifically, corporations with less than $3 million inassets and 500 stockholders are now exempt from <strong>the</strong> filing requirements<strong>of</strong> <strong>the</strong> Securities Exchange Act <strong>of</strong> 1934.The SEC has also recently allowed, on an experimental basis, somefirms issuing new securities to use "shelf registration'* forms, thuseliminating <strong>the</strong> requirement to file for each new security issue. Theinitiation <strong>of</strong> shelf registration is expected to reduce <strong>the</strong> costs <strong>of</strong> raisingequity capital, allowing firms to manage <strong>the</strong>ir risk more efficientlyby entering <strong>the</strong> capital markets more <strong>of</strong>ten.Industry StructureBefore 1980, stocks listed on stock exchanges could not be tradedby members <strong>of</strong> those stock exchanges in any o<strong>the</strong>r markets. This barrierto entry was partially lifted in June 1980, when <strong>the</strong> SEC approvedRule 19c-3. This rule allows members <strong>of</strong> stock exchanges totrade securities in o<strong>the</strong>r markets that were listed on those stock exchangesafter May 1979.Stock exchange members are now also allowed to execute trades in<strong>the</strong> "19c-3 securities" in markets o<strong>the</strong>r than <strong>the</strong> stock exchanges.The market share <strong>of</strong> non-19c-3 stocks on <strong>the</strong> Over-<strong>the</strong>-Counter(OTG) markets is considerably less than <strong>the</strong> OTC market share for19c-3 securities. This larger market share for <strong>the</strong> OTC in 19c-3 securitiessuggests that, for some exchange members, it is more efficientto execute orders on <strong>the</strong> OTC ra<strong>the</strong>r than on <strong>the</strong> stock ex-120

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