Following its July 27-28, 2016 quarterly board meeting, the MSRB has announced that it will not pursue “at this time” new regulations to mandate disclosure of bank loan information by municipal securities issuers. However, the MSRB continues to stress the importance of voluntary disclosure of information about bank loans, and is working to institute changes to its website (EMMA) to make the process to disclose such information easier for issuers.
Municipal securities issuers should consult their legal counsel and financial advisor before making any voluntary disclosure of bank loan information through EMMA. Our advice on this topic over a year ago still rings true: there are significant issues in voluntarily disclosing such information, and municipal securities issuers may be opening themselves up to liability under the securities laws in connection with such disclosures where none previously existed.