Municipal Securities Rulemaking Board

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What Is The Municipal Securities Rulemaking Board (MSRB)?

The Municipal Securities Rulemaking Board (MSRB) is a self-regulatory entity tasked with establishing regulations, rules, and guidance for the municipal securities market in the United States. These rules apply and abide by all the United States municipal securities market parties, such as banks, brokers, dealers, and other firms and asset institutions.

Municipal Securities Rulemaking Board (MSRB)

The municipal securities market (MSM) offers financial securities that the U.S. government proposes to raise funds for public projects, community services, and infrastructure work. The market typically deals in municipal bonds and notes. The three main participants are the government, finance professionals, and investors.

  • The Municipal Securities Rulemaking Board regulates municipal securities, notes, and bonds in the US municipal securities market.
  • It was founded on 4 June 1975 by the United States Congress to look after the US municipal securities market separately.
  • The MSRB protects and manages an approximately $4 trillion municipal securities market with regulations, efficient capital reserves, and income for investors.
  • As a self-regulating body, it is responsible for setting trading standards, monitoring, educating, and drafting rules and regulations for every participant involved in the US MSM.

How Does Municipal Securities Rulemaking Board Work?

The Municipal Securities Rulemaking Board is a US municipal securities market governing body. It typically involves monitoring and ensuring general trading practices regarding municipal bonds, notes, and other debt securities. Municipal bonds are generally issued to raise capital for state and local government projects related to infrastructure works like highway or road constructions, including community centers, dams, bridges, rail lines, etc. In short, municipal bonds are loans that the general public or investors lend to the authorities in return for an interest payment provided for a fixed period.

The MSRB also holds the authority for regulation, data, innovation, and technology to empower the municipal securities market and serve the public interest. Initially, it was designed to create a system for open and free securities trading. Although it falls under the authority of the US Securities and Exchange Commission (SEC), the Board has its own rules and regulations. The Board played a significant role in forming the SEC Rule 15c2-12, which was centered around transparency of information and disclosure of data.

Municipal bonds are considered one of the best ways to earn interest-based income and are also accounted safe because local governments or state authorities mainly issue them. Bond Anticipation Notes (BANs), Revenue Anticipation Notes (RANs), and Tax Anticipation Notes (TANs) are some of the most common forms of short-term municipal bonds traded and regulated by the MSRB. In March 2008, MSRB introduced the Electronic Municipal Market Access (EMMA), an official platform for free public accessibility and document transparency.

Role & Jurisdiction

The MSRB has specific roles and jurisdictions, including:

  1. Regulation of the activities of broker-dealers and financial professionals involved in trading municipal securities rather than directly regulating municipal entities.
  2. Operating under the US Securities and Exchange Commission (SEC) supervision.
  3. Working to protect investors and municipal entities by establishing rules and regulations for issuing and trading municipal securities, ensuring fair and transparent market practices.
  4. Enforcing measures to prevent manipulation and fraud within the municipal securities market.
  5. Providing educational resources and information about municipal bonds and the municipal securities market to inform investors and market participants.
  6. Collaborating with regulatory bodies such as FINRA and the IRS to achieve common regulatory objectives.
  7. Enhancing market transparency and facilitating access to municipal securities data and document disclosures through the Electronic Municipal Market Access (EMMA) platform.

Regulated Security Types

The regulated security types in the Municipal Securities Rulemaking Board are -

  1. General Obligation Bonds: These municipal bonds rely primarily on the creditworthiness and taxing authority of the issuing jurisdiction for their backing. These bonds rely on the belief that the municipality can repay its debt through taxes and project revenue. Due to this backing, they are considered one of the safest types of municipal bonds.
  2. Revenue Bonds: Revenue bonds are project-specific municipal bonds. They are backed by the revenue generated from specific projects they finance, such as toll bridges, stadiums, highways, and other revenue-generating infrastructure. Unlike general obligation bonds, the primary source of repayment for revenue bonds is the revenue generated by the project rather than the general taxing power of the municipality.
  3. Unique Municipal Bonds: Municipal bonds can vary in complexity and structure, and there are various special types based on specific characteristics. These may include bonds structured around interest rate curves, forecasting cash flow, and bonds designed for particular financing needs. Each unique bond type may have distinct features and repayment mechanisms.
  4. Short-Term Municipal Bonds: Short-term municipal bonds are often called municipal notes. They are a convenient way for municipalities to raise capital for short-term needs. Common types include BANs, RANs, and TANs. Short-term municipal bonds offer tax advantages and are suitable for holding capital while generating interest income.

Rules & Regulations

The rules and regulations of the Municipal Securities Rulemaking Board include:

  1. The MSRB operates within the US Securities and Exchange Commission (SEC) regulatory framework, ensuring oversight and guidance for the municipal securities market.
  2. The MSRB maintains extensive rules and regulations covering various aspects of the municipal securities market. These rules encompass trading practices, advertising permissions, disclosure requirements, and specialized programs to enhance market integrity and transparency.
  3. In addition to market-specific rules, the MSRB establishes administrative rules governing the Board. These rules define board membership, delineate powers and authority, and establish operational bylaws for effective management.
  4. The MSRB actively promotes the industry's best practices by setting standards for calculation and reporting in the municipal securities market. It also establishes qualifications and standards for market participants (e.g., brokers and dealers) and municipal entities issuing bonds to ensure adherence to recognized benchmarks and criteria.

Challenges

The Municipal Securities Rulemaking Board (MSRB) faces several challenges, including the following:

  1. The municipal securities market comprises many issuers, from local government agencies to state offices and authorities. This diversity presents regulatory challenges due to these entities' varying sizes and structures.
  2. A complex array of financial products, instruments, and securities characterizes the municipal securities market. Managing and regulating this complexity is a significant challenge for the MSRB.
  3. The decentralized nature of the municipal securities market, with numerous participants spread across the country, makes it challenging to consistently monitor and ensure compliance with rules and regulations.
  4. The MSRB must operate within the US Securities and Exchange Commission (SEC) regulatory framework. Aligning its rules and framework with the diverse array of SEC guidelines and regulations is an ongoing challenge.

Frequently Asked Questions (FAQs)

1. What is the Municipal Securities Rulemaking Board rule G 41?

Rule G-41 represents the Anti-money laundering compliance program under which a dealer must implement such a program for either its registered association or with the proper banking regulator. The rule is created to achieve ongoing compliance with the requirements of the Bank Secrecy Act, 31 USC 5311.

2. Does the Municipal Securities Rulemaking Board approve advertising?

Yes, as per the rule G-40 advertising by Municipal Advisors, each advertisement must be approved in writing by a Municipal Advisor Principal; it should also have a testimonial, which must comply with the requirements of the rule under G-40(a)(iv)(G). The rule is present to restrict municipal advisors from publishing false and misleading ads regarding the services. Only specific content approved before first use is allowed.

3. Does the MSRB have enforcement powers?

The MSRB primarily focuses on rulemaking and oversight and does not possess direct enforcement powers. Instead, it collaborates with regulatory bodies such as the SEC and FINRA, which have the authority to enforce compliance with MSRB rules and regulations. Violations of MSRB rules can lead to penalties and sanctions imposed by these regulatory entities.