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Debt
Management Division
Using Plain English in Bond Offering Documents
Department
of the Treasury
implemented
this best practice in January 1998
Qualifying
under the Best Practices
catalogue:
3 Provide Capabilities
31 Manage resources and capabilities
312 Deliver products and services to customers
Best
Practice Summary
(how it works, how you measure it)
Offering documents
(i.e., preliminary and final Official Statements) are produced
and distributed to potential buyers and final purchasers of bonds
issued by the Commonwealth of Virginia and its issuing entities.
These documents provide a description of the bonds, the security
therefore and other information used and relied upon by purchasers
to gauge their interest in purchasing the bonds for their portfolio
or those of others. As a municipal issuer, the Commonwealth is
generally exempt from the U.S. securities laws except for the
anti-fraud provisions of the Securities Exchange Act of 1934.
In January
1997, the Securities and Exchange Commission (SEC) published a
handbook in which it described certain methods by which issuers
(corporate and municipal) could improve the readability and understandability
of offering/disclosure documents. Simultaneously, SEC Chairman
Arthur Levitt began calling on all market participants to improve
disclosure and stressed using "plain English" where
possible. In July 1997 the Virginia Department of the Treasury
met with their bond counsel in the first of a series of meetings
to discuss the issue. As a result, beginning in 1998, Treasury
began the process of converting offering documents to a "plain
English" format for bonds issued by entities staffed by Treasury.
This is an ongoing process. In August 1998, the SEC issued its
Plain English Handbook in which it provided further guidance.
The Commonwealth was one of the first states and one of the first
issuers in the Commonwealth to totally convert the front page
of all of its offering documents to a summary form easy-to-read
format. We have received favorable comments from investors for
these efforts.
Impact
on the Process Organizational Performance (OUTCOMES)
Investors
in obligations of the Commonwealth and those issuing entities
staffed by Virginia Department of the Treasury have found the
offering documents easier to read and understand. While difficult
to quantify, this may result in more buyers (particularly retail
buyers) which through increased competition would result in
lower interest costs for the citizens of the Commonwealth.
Best
Practice Qualification
The Commonwealth
was recognized as a pioneer in the use of "plain English"
disclosure.
For
Additional Information
Department
of the Treasury
101
North 14th Street, 3rd Floor
Richmond,
VA 23219
P.
O. Box 1879
Richmond,
VA 23218-1879
Gary
Ometer
(804)
225-4929
gary.ometer@trs.state.va.us
Arthur
N. Bowen, III
(804)
225-2391
arthur.bowen@trs.state.va.us
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