
Disclosure Services
Complying with the Municipal Securities
Rule 15c2-12 Continuing Disclosure
- Municipalities that have issued bonds or notes since July 3, 1995 may be subject to Rule 15c2-12 of the U.S. Securities and Exchange Commission (the “Rule”).
- The Rule provides that, where applicable, municipalities must submit annual financial information to certain securities information repositories and provide notice of certain events material to their bonds or notes.
- Typically, issuers of not more than $10 million in outstanding securities are subject to the material events notice requirements, but need to provide financial information and operating data only upon request.
- If the issuer has more than $10 million in outstanding securities. The issuer, under the Rule, must file its most recent audit, budget, and operating data
annually.
- The issuer must also provide timely notice of the following events, if material to the bonds
or notes
- Principal and interest payment delinquencies
- Nonpayment related defaults
- Unscheduled draws on debt service reserves reflecting financial difficulties
- Unscheduled draws on credit enhancements reflecting financial difficulties
- Substitution of credit or liquidity providers or their failure to perform
- Adverse tax opinions or events affecting the tax-exempt status of the security
- Modifications to the rights of security holders
- Bond calls
- Defeasances
- Release, substitution or sale of property securing repayment of the securities
- Rating changes
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- Concord Public Financial Advisors, Inc. ("Concord") has developed a service that can help to assure that the
issuer will remain in compliance with the Continuing Disclosure Rules.
- Concord will assist the issuer in gathering the information required to be disclosed, will compile the information in a format that can be filed with the NRMSIRs and will file the information on behalf of the
issuer.
- Annually, Concord will contact the issuer in time to assure that the
issuer remains in compliance on a continuous basis. If the issuer is not now in compliance, a strategy to address noncompliance will be developed and pursued.
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