Article: SEC's EIA rule may resurface; Appeals court finds commission's rulemaking "arbitrary and capricious'.(News)

Byline: Sara Hansard

The Securities and Exchange Commission will likely reissue a rule that classifies equity index annuities as securities and subjects them to federal oversight.

The Court of Appeals for the District of Columbia Circuit last Tuesday ruled that the SEC does in fact have the legal authority to declare jurisdiction over such annuities. But it ordered the commission to reconsider the rule, saying it failed to consider properly its effect on efficiency, competition and capital formation.

"The SEC purports to have analyzed the effect of the rule on competition but does not disclose a reasoned basis for its conclusion that [the rule] ...

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