They issued stock. Okay, what else? What other company has board members appointed by the President of the United States?
http://www.sec.gov/news/testimony/2006/ts061506cc.htmIn July 2002, Fannie Mae took a step forward by announcing that it would voluntarily register its common stock with the SEC under Section 12(g) of the Exchange Act. The registration of its common stock became effective on March 31, 2003, and Fannie Mae subsequently began filing periodic reports with the SEC. Unfortunately, many of Fannie Mae's periodic disclosures have been late or incomplete. Most notably, Fannie has to date not filed an annual report (10-K) for either 2004 or 2005, and has not filed quarterly reports (10-Q) in any of the preceding seven quarters.
While our recent enforcement action has assuredly focused the attention of Fannie Mae's management on improving its disclosure to investors, there is no question that, in the future, Fannie Mae would be far more likely to maintain consistent compliance with our disclosure regime if the Congress were to terminate its special status of voluntary registration and reporting, and make its registration and reporting mandatory. That, in my view, is a far better way to protect investors.
I also wanted to bring the Committee up to date on a related issue of the New York Stock Exchange's rules, which authorize suspension and delisting when a listed company fails to file its annual report with the SEC in a timely manner. As you know, because of Fannie Mae's failure to file its 2004 and 2005 annual reports on time, the NYSE amended its general delisting rules to provide a unique exemption for Fannie Mae, though it is not specifically phrased in those terms.
Since NYSE put this new rule in place, questions have been raised about whether this exemption is appropriate. As I testified before this Committee on April 25, 2006, the exemption needs to be considered in light of the unusual circumstances not only of Fannie Mae's voluntary transition to Exchange Act financial reporting compliance, but also its massive restatement. I also expressed my view that this exemption must be temporary, only for the purpose of allowing Fannie Mae to come into initial compliance with Exchange Act reporting. To respond to concerns that this exception might become a permanent, rather than temporary, policy, I want to inform the Committee that we have encouraged the NYSE to amend its rule to put an expiration date on this exception, so that Fannie Mae-and its investors-understand that we expect Fannie Mae, like any other listed company, to remain in full compliance with NYSE's listing standards.
Voluntary reporting? What private company has that option? Not to mention the exemption from the NYSE that kept Fannie Mae stock from being de-listed from the exchange, even though Fannie did not comply with the financial disclosure rules that every other company on the exchange has to comply with. How exactly is this a private company?
http://www.ofheo.gov/about.aspx?Nav=156On July 12, 2002, Fannie Mae and Freddie Mac (the “Enterprises”) have announced that they would voluntarily register their common stock with the Securities and Exchange Commission (“SEC”) under Section 12(g) of the Securities Exchange Act of 1934 (the “Exchange Act”). Section 12(g) enables companies, such as the Enterprises, that are not covered by the Exchange Act and its disclosure requirements, to submit voluntarily to SEC rules. On March 31, 2003, Fannie Mae voluntarily registered its common stock and has been subject to SEC reporting requirements and other rules and regulations since then. Due to its accounting and control problems, Freddie Mac has yet to complete the voluntary registration process although it remains publicly committed to doing so once it returns to timely quarterly financial reporting.
In April 2003, OFHEO adopted a rule, “Public Disclosure of Financial and Other Information,” to facilitate the process of voluntary registration by the Enterprises. This rule requires copies of all documents filed by the Enterprises with the SEC to be forwarded concurrently to OFHEO.