SEC Adopts Final Rules Removing Credit Ratings References from Regulation M

On June 7, 2023, the US Securities and Exchange Commission (the “SEC”) unanimously adopted final rules amending Regulation M (the “Final Rules”) to remove its references to credit ratings, replace them with alternative measures of creditworthiness and impose related record-keeping obligations on broker-dealers. The SEC had previously proposed amendments to Regulation M (the “Proposed Rules”) in March 2022. The Final Rules are largely similar to the Proposed Rules, with certain modifications made to address feedback received during the comment period.