<?xml version="1.0" encoding="UTF-8"?><rss xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:atom="http://www.w3.org/2005/Atom" version="2.0" xmlns:itunes="http://www.itunes.com/dtds/podcast-1.0.dtd" xmlns:googleplay="http://www.google.com/schemas/play-podcasts/1.0"><channel><title><![CDATA[Ritch and Associates]]></title><description><![CDATA[Ritch & Associates tracks legislation, regulation and government actions that could affect businesses and organizations. Written by Robert Ritch, each briefing focuses on what is changing, who may be affected, and what to watch next—without the partisan n]]></description><link>https://www.ritchandassociates.com</link><image><url>https://substackcdn.com/image/fetch/$s_!JQa2!,w_256,c_limit,f_auto,q_auto:good,fl_progressive:steep/https%3A%2F%2Fsubstack-post-media.s3.amazonaws.com%2Fpublic%2Fimages%2Ffa19a6e6-818a-4372-9399-751e80f631f4_1024x1024.png</url><title>Ritch and Associates</title><link>https://www.ritchandassociates.com</link></image><generator>Substack</generator><lastBuildDate>Thu, 15 Oct 2026 22:27:40 GMT</lastBuildDate><atom:link href="https://www.ritchandassociates.com/feed" rel="self" type="application/rss+xml"/><copyright><![CDATA[Lock Equity]]></copyright><language><![CDATA[en]]></language><webMaster><![CDATA[ritchandassociates@substack.com]]></webMaster><itunes:owner><itunes:email><![CDATA[ritchandassociates@substack.com]]></itunes:email><itunes:name><![CDATA[ROBERT RITCH]]></itunes:name></itunes:owner><itunes:author><![CDATA[ROBERT RITCH]]></itunes:author><googleplay:owner><![CDATA[ritchandassociates@substack.com]]></googleplay:owner><googleplay:email><![CDATA[ritchandassociates@substack.com]]></googleplay:email><googleplay:author><![CDATA[ROBERT RITCH]]></googleplay:author><itunes:block><![CDATA[Yes]]></itunes:block><item><title><![CDATA[IPO Proceeds Rose Sharply. What Does That Say About Access to Capital?]]></title><description><![CDATA[The U.S.]]></description><link>https://www.ritchandassociates.com/p/ipo-proceeds-rose-sharply-what-does</link><guid isPermaLink="false">https://www.ritchandassociates.com/p/ipo-proceeds-rose-sharply-what-does</guid><dc:creator><![CDATA[ROBERT RITCH]]></dc:creator><pubDate>Tue, 29 Sep 2026 12:03:06 GMT</pubDate><enclosure url="https://substack-post-media.s3.amazonaws.com/public/images/05587c48-6e6c-4e75-844e-e66d45d00422_1774x887.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<p>The U.S. public-offering market was far more active in the first half of 2026 than a year earlier, according to new Securities and Exchange Commission data.</p><p>The headline number is striking: 208 initial public offerings raised more than $137 billion in the first six months of 2026. In the same period of 2025, 180 IPOs raised more than $27 billion.</p><p>That is an increase of about 16% in the number of IPOs, while the amount raised was nearly five times as large.</p><p>Companies already in the public markets also raised more. The SEC reports 557 follow-on registered offerings totaling more than $111 billion, compared with 505 offerings raising nearly $84 billion in the first half of 2025.</p><p>For businesses and investors, the question is what those figures reveal&#8212;and what they do not.</p><h2>A stronger market, but for whom?</h2><p>More offerings and more proceeds indicate that companies able to access the public markets raised substantially more capital. That can help finance expansion, acquisitions, debt repayment, and other corporate plans.</p><p>The figures may also influence private companies considering whether to prepare for an eventual public offering. A stronger market gives management teams and investors another reason to examine that path.</p><p>But <strong>more money raised in IPOs does not mean capital has become easier for every business to obtain</strong>.</p><p>The amount raised grew much faster than the number of offerings. That distinction matters. The aggregate proceeds tell us how much capital entered through these transactions; they do not, on their own, show that smaller issuers found it easier to go public or that an individual company is more likely to complete an offering.</p><p>Nor do public-offering totals describe the financing conditions facing a privately held business seeking a bank loan, a small equity investment, or working capital.</p><h2>Why the SEC data matter for policy</h2><p>The SEC has published updated statistics and visualizations covering segments of the capital markets. Those figures give policymakers, companies, and investors a way to test broad claims about capital formation against reported activity.</p><p>A rise in offerings is relevant to debates over how public markets function. So is the question of who can use them. Offering totals alone cannot settle whether the current regulatory framework gives companies of different sizes practical access to capital, or whether changes to that framework would improve access without weakening investor protections.</p><p>That requires a closer look at the companies raising money, the types and sizes of offerings, and what happens after an offering is completed.</p><p>The SEC&#8217;s announcement reports market activity. <strong>It does not announce a new rule or change capital-raising requirements.</strong></p><h2>What businesses should take from this</h2><p>A company considering a public offering should treat the stronger first-half figures as a reason to examine its options, not as a prediction that its own deal will succeed.</p><p>The questions remain company-specific: Is the business ready for public-company reporting? Can it make a credible case for how it will use the capital? Do its financial performance, governance, and timing support an offering?</p><p>For policymakers, the next question is whether increased activity extends across a broad range of issuers or is concentrated among companies able to raise particularly large amounts. For business owners, that distinction is more useful than the headline proceeds figure alone.</p><p>The public market raised much more money in the first half of 2026. The harder question is how broadly the opportunity was shared.</p><p><strong>Source:</strong> Securities and Exchange Commission, September 23, 2026: <a href="https://www.sec.gov/newsroom/press-releases/2026-93-sec-publishes-updated-market-statistics-highlighting-increase-ipos-proceeds-raised">Updated market statistics on IPOs and follow-on offerings</a>.</p>]]></content:encoded></item><item><title><![CDATA[The Fed Proposes Stablecoin Rules: What Would Change for Issuers and Banks]]></title><description><![CDATA[A payment stablecoin may look simple to its user: one digital token intended to be worth one dollar.]]></description><link>https://www.ritchandassociates.com/p/the-fed-proposes-stablecoin-rules</link><guid isPermaLink="false">https://www.ritchandassociates.com/p/the-fed-proposes-stablecoin-rules</guid><dc:creator><![CDATA[ROBERT RITCH]]></dc:creator><pubDate>Mon, 28 Sep 2026 12:31:35 GMT</pubDate><enclosure url="https://substack-post-media.s3.amazonaws.com/public/images/e119d5b9-4875-47cb-8b10-7df92b91abdc_1672x940.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<p>A payment stablecoin may look simple to its user: one digital token intended to be worth one dollar. Behind that promise are questions about what backs the token, who holds those assets, and what happens if the issuer runs into trouble.</p><p>The Federal Reserve took a step toward answering those questions on September 24. It released two proposals for implementing its responsibilities under the GENIUS Act: one covering the supervision of payment stablecoin issuers and related activities, and another covering how certain banks would apply to issue them.</p><p><strong>These are proposals, not rules that have taken effect.</strong> The details could change after public comment.</p><h2>What the Fed is proposing</h2><p>Under the first proposal, payment stablecoin issuers supervised by the Federal Reserve would have to fully back their tokens with permitted reserve assets. The Fed identifies short-term Treasury bills and certain other high-quality, liquid assets as examples.</p><p>The proposal would also establish standardized capital requirements intended to address credit and operational risks, along with risk-management standards. It would address firms supervised by the Fed that safeguard the assets backing stablecoins and clarify which stablecoin-related activities are permissible for banks under its supervision.</p><p>The second proposal concerns market entry. A Fed-supervised bank seeking approval for a subsidiary to issue payment stablecoins would submit an application that includes a business plan and financial information. The proposal also sets out processes for appeals, hearings, and final decisions.</p><p>Together, the proposals address two separate questions: <strong>What standards would an issuer have to meet, and how would a bank receive approval to issue a stablecoin?</strong></p><h2>Why businesses should pay attention</h2><p>For a company considering stablecoins as a payment method, the most immediate issue is confidence in the dollar value it expects to receive. Reserve requirements are meant to address that issue, but a requirement on paper is only part of the picture. How assets are held, how risks are managed, and how the rules are enforced will matter as the framework develops.</p><p>Banks and prospective issuers face a different calculation. The proposals provide a clearer view of the information and safeguards the Fed expects, while also indicating that issuing a stablecoin would involve an approval process and continuing supervisory obligations.</p><p>Businesses building payment products around stablecoins should watch the rules, too. Their plans may depend on which institutions can issue tokens, which banks can participate, and what services those institutions may provide.</p><p>Those are potential business implications of the proposals. They do not mean stablecoins will become cheaper, safer, or more widely accepted as a result.</p><h2>The policy trade-off</h2><p>Supporters of clear federal standards may argue that backing, capital, and risk-management requirements could make payment stablecoins more credible and give banks a more defined route into the market.</p><p>The competing concern is cost and access. Compliance obligations can require substantial systems, staff, and capital. If the final requirements are too burdensome, smaller prospective issuers may find it harder to compete. Regulators must weigh that concern against the risks created when a product promises a stable dollar value without adequate safeguards.</p><p>The Fed has opened these questions for comment. It has not settled the trade-off in a final rule.</p><h2>What to watch next</h2><p>The public-comment period will close <strong>60 days after the proposals are published in the Federal Register</strong>. Businesses interested in issuing, banking, safeguarding, or building services around payment stablecoins should examine the proposals that apply to their role and decide whether to comment.</p><p>The next meaningful developments will be the Federal Register publication, the comments submitted, and any changes the Fed makes before adopting final rules. Until then, businesses should plan against the proposals as possible requirements, while distinguishing them from obligations already in force.</p><p><strong>Source:</strong> <a href="https://www.federalreserve.gov/newsevents/pressreleases/bcreg20260924a.htm">Federal Reserve Board, September 24, 2026: Proposed framework for Board-supervised payment stablecoin issuers</a>.</p>]]></content:encoded></item><item><title><![CDATA[SBA Suspended 870,000 PPP and EIDL Borrowers ]]></title><description><![CDATA[What Suspension Actually Means for a Business]]></description><link>https://www.ritchandassociates.com/p/sba-suspended-870000-ppp-and-eidl</link><guid isPermaLink="false">https://www.ritchandassociates.com/p/sba-suspended-870000-ppp-and-eidl</guid><dc:creator><![CDATA[ROBERT RITCH]]></dc:creator><pubDate>Fri, 25 Sep 2026 12:03:27 GMT</pubDate><enclosure url="https://substack-post-media.s3.amazonaws.com/public/images/c1b36e94-03c2-4b83-9941-1c37b30270d0_582x1202.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<p>The Small Business Administration has announced the suspension of 870,000 borrowers connected to an estimated $39 billion in suspected fraudulent pandemic-era PPP and EIDL activity.</p><p>The number is enormous.</p><p>But businesses should understand exactly what the SBA action means &#8212; and what it doesn&#8217;t.</p><p>A borrower being suspended by the SBA is <strong>not the same thing as being convicted of fraud</strong>.</p><p>The agency is taking administrative action against borrowers it says are associated with suspected fraudulent activity while also pursuing debt collection and potential referrals for additional enforcement.</p><p>For affected businesses, however, an administrative suspension can have serious practical consequences even without a criminal conviction.</p><h2>What Happened</h2><p>On September 14, the SBA announced what it described as its largest suspension action to date.</p><p>The agency says it suspended approximately 870,000 borrowers across 45 additional states, six territories and the District of Columbia.</p><p>Those borrowers are connected to an estimated $39 billion in suspected fraudulent activity involving the Paycheck Protection Program and COVID Economic Injury Disaster Loans.</p><p>The announcement represents the culmination of a broader state-by-state pandemic-fraud initiative.</p><h2>What Suspension Means</h2><p>The practical consequences extend beyond collection of an old pandemic loan.</p><p>According to the SBA, suspended borrowers can lose access to future SBA programs.</p><p>That can affect eligibility for small-business and disaster loans as well as participation in certain other SBA programs.</p><p>For companies doing business with the federal government, that can be particularly important.</p><p>SBA programs include the 8(a) Business Development Program, which provides qualifying businesses access to federal contracting opportunities.</p><p>A suspension can therefore potentially affect both <strong>capital and government revenue opportunities</strong>.</p><h2>Suspected Fraud Is Not a Conviction</h2><p>This distinction deserves emphasis.</p><p>The SBA describes the affected borrowers as being connected to <strong>suspected fraudulent activity</strong>.</p><p>Administrative suspension is not the same as a criminal court finding that a borrower committed fraud.</p><p>Some cases may ultimately lead to civil or criminal enforcement.</p><p>Others may involve disputes over eligibility, documentation, repayment or other issues.</p><p>Businesses receiving notices should therefore focus on the specific allegations and administrative process applicable to their situation rather than assuming the public announcement determines the ultimate legal outcome.</p><h2>Debt Collection Is Escalating</h2><p>The SBA is also moving forward with a collection initiative called Operation No Doze.</p><p>As part of the initial effort, thousands of flagged borrowers in Kansas and Missouri are expected to receive final demands giving them 30 days to address outstanding debts.</p><p>If debts remain unresolved, the government can use Treasury collection mechanisms.</p><p>Depending on the circumstances, that can include offsets against certain federal payments and additional collection costs.</p><p>Cases can also potentially be referred for further civil or criminal enforcement.</p><h2>Who It Affects</h2><p>The immediate population includes businesses and individuals with PPP or COVID EIDL loans that the government has flagged.</p><p>But there is a broader lesson for companies that participated in pandemic programs.</p><p>Records that seemed unimportant years ago can become critical when an agency later questions eligibility or how funds were used.</p><p>Businesses should preserve:</p><ul><li><p>Loan applications</p></li><li><p>Payroll records</p></li><li><p>Bank records</p></li><li><p>Forgiveness documentation</p></li><li><p>Certifications</p></li><li><p>Correspondence with lenders</p></li><li><p>Records showing how proceeds were used</p></li></ul><p>That documentation may become the difference between quickly resolving a government inquiry and facing a prolonged dispute.</p><h2>Arguments and Considerations on Both Sides</h2><p>The government has a legitimate interest in recovering taxpayer money obtained through fraud.</p><p>PPP and EIDL programs were deployed rapidly during an extraordinary economic emergency, and their scale created opportunities for abuse.</p><p>Aggressive post-program enforcement can recover funds and discourage future fraud.</p><p>There is another concern.</p><p>Large-scale administrative actions can potentially sweep legitimate borrowers into government review.</p><p>When hundreds of thousands of borrowers are affected, the process for challenging errors and demonstrating legitimate eligibility becomes important.</p><p>Effective enforcement therefore requires both aggressive pursuit of actual fraud and a workable process for legitimate businesses to respond when they believe they have been incorrectly flagged.</p><h2>Where It Stands</h2><p>The SBA&#8217;s September 14 announcement describes an <strong>administrative suspension and enforcement initiative</strong>.</p><p>It is not new legislation or a new regulation applying prospectively to every SBA borrower.</p><p>The agency is identifying and taking action against borrowers associated with suspected pandemic-program fraud while escalating collection efforts on unresolved debts.</p><p>Individual borrowers may face different procedural and legal circumstances depending on their loans and the government&#8217;s findings.</p><h2>What Businesses Should Watch</h2><p>Businesses receiving an SBA suspension, repayment demand, or fraud-related notice should not treat it as routine correspondence.</p><p>The consequences can extend beyond the original PPP or EIDL loan.</p><p>They may affect future financing, government programs, and federal contracting opportunities.</p><p>Affected businesses should determine:</p><p><strong>What specific loan or certification is being questioned?</strong></p><p><strong>What documentation supports the original application and use of proceeds?</strong></p><p><strong>What response or appeal deadlines apply?</strong></p><p><strong>Does the suspension affect other SBA programs the business currently uses?</strong></p><p>The broader lesson extends beyond pandemic lending.</p><p>Whenever a business accepts government money, guarantees, or program benefits, the records supporting eligibility can remain important long after the money has been spent.</p><p>The pandemic programs may be over.</p><p>The government&#8217;s review of how that money was obtained and used clearly is not.</p><h2>Sources</h2><p>U.S. Small Business Administration &#8212; September 14, 2026: <em>SBA Announces Suspensions for 870,000 U.S. Borrowers Tied to $39 Billion in Suspected Pandemic Fraud</em></p>]]></content:encoded></item><item><title><![CDATA[The Fed Raised Rates Again — What Businesses Should Recalculate Now]]></title><description><![CDATA[The Federal Reserve has raised interest rates again.]]></description><link>https://www.ritchandassociates.com/p/the-fed-raised-rates-again-what-businesses</link><guid isPermaLink="false">https://www.ritchandassociates.com/p/the-fed-raised-rates-again-what-businesses</guid><dc:creator><![CDATA[ROBERT RITCH]]></dc:creator><pubDate>Thu, 24 Sep 2026 12:01:52 GMT</pubDate><enclosure url="https://substack-post-media.s3.amazonaws.com/public/images/45dbc261-f9a1-4428-866c-bccfbc6ba762_652x1224.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<p>The Federal Reserve has raised interest rates again.</p><p>For business owners, the useful question isn&#8217;t what happened to the federal funds rate.</p><p>It&#8217;s <strong>which assumptions in your business no longer work at the new cost of money.</strong></p><p>On September 16, the Federal Open Market Committee unanimously raised its target range for the federal funds rate by one-quarter percentage point, bringing it to <strong>3.75%&#8211;4.00%</strong>.</p><p>The operational changes took effect September 17.</p><p>That doesn&#8217;t mean every business loan becomes 0.25 percentage point more expensive immediately.</p><p>But businesses using floating-rate debt, lines of credit, acquisition financing, and other rate-sensitive capital should understand how the change could eventually affect them.</p><h2>What Happened</h2><p>The Federal Reserve said economic activity continues to expand at a solid pace, employment remains relatively stable, and capital investment is robust.</p><p>Inflation, however, remains elevated.</p><p>The FOMC therefore voted 12&#8211;0 to increase the federal funds target range to 3.75%&#8211;4.00%.</p><p>To implement that decision, the Fed raised the rate paid on reserve balances to 3.90% and increased the primary credit rate charged through the Federal Reserve&#8217;s discount window to 4.00%.</p><p>Those changes became effective September 17.</p><h2>What It Means for Businesses</h2><p>The federal funds rate isn&#8217;t the rate most businesses pay their bank.</p><p>But changes in Fed policy influence short-term interest rates throughout the financial system.</p><p>That makes this a good time for owners to review any financing whose cost changes with market rates.</p><p>Start with <strong>floating-rate debt</strong>.</p><p>Commercial loans and credit facilities frequently price interest using a benchmark plus an additional spread.</p><p>When the underlying benchmark rises, the business&#8217;s interest expense can rise.</p><p>A quarter-point increase by itself may not materially change a healthy company&#8217;s finances.</p><p>Repeated increases can.</p><h2>Recalculate Acquisitions</h2><p>Interest rates also affect the economics of buying businesses.</p><p>A deal that generates an acceptable return with inexpensive debt can look very different when debt service increases.</p><p>Buyers should rerun acquisition models using current financing assumptions rather than relying on numbers prepared months earlier.</p><p>That means reconsidering:</p><ul><li><p>Debt-service coverage</p></li><li><p>Free cash flow after interest</p></li><li><p>Required equity contribution</p></li><li><p>Purchase-price affordability</p></li><li><p>Seller-note structures</p></li><li><p>Expected return on invested capital</p></li></ul><p>The purchase price may not have changed.</p><p>The economics of financing it may have.</p><h2>Revisit Capital Expenditures</h2><p>The same principle applies to equipment, expansion, and other capital projects.</p><p>Businesses often evaluate investments by comparing a project's expected return with the cost of financing and other uses of capital.</p><p>As capital becomes more expensive, some marginal projects no longer produce attractive returns.</p><p>That doesn&#8217;t mean companies should stop investing.</p><p>It means management should <strong>recalculate, not assume</strong>.</p><p>A project approved under one financing environment may deserve another look before committing money.</p><h2>Watch Working Capital</h2><p>Lines of credit deserve particular attention because businesses often treat them as operational tools rather than long-term financing decisions.</p><p>A company borrowing against a revolver to finance inventory, receivables, or seasonal working capital can experience higher interest expense without taking on any additional debt.</p><p>For businesses operating with thin margins, that matters.</p><p>Owners should understand:</p><p><strong>How much debt is floating rate?</strong></p><p><strong>When does it reset?</strong></p><p><strong>What benchmark determines the rate?</strong></p><p><strong>How much additional annual interest expense would another 0.25, 0.50, or 1 percentage point increase create?</strong></p><p>Those are relatively simple calculations that can reveal significant exposure.</p><h2>There Is Another Side</h2><p>Higher interest rates are not uniformly negative for businesses.</p><p>Companies holding substantial cash can earn more on short-term deposits and Treasury securities.</p><p>Banks and financial institutions can also experience different effects depending on their asset and funding structures.</p><p>And if tighter monetary policy succeeds in reducing inflation, businesses may eventually benefit from greater price stability.</p><p>The immediate impact therefore depends heavily on whether a company is primarily a borrower, lender, saver, or investor.</p><h2>Where It Stands</h2><p>The September decision is a <strong>completed Federal Reserve monetary-policy action</strong>, not a proposal.</p><p>The target range is now 3.75%&#8211;4.00%.</p><p>The Fed has not predetermined the path of future rates. Future decisions will depend on economic conditions and inflation.</p><p>Businesses therefore should avoid building financial plans around assumptions that rates must immediately move in either direction.</p><h2>What Businesses Should Do Now</h2><p>Owners don&#8217;t need to become Fed watchers.</p><p>They do need to understand their exposure to the cost of money.</p><p>This is a reasonable time to rerun:</p><p><strong>Debt schedules.</strong></p><p><strong>Acquisition models.</strong></p><p><strong>Capital-expenditure returns.</strong></p><p><strong>Working-capital costs.</strong></p><p><strong>Cash-management strategies.</strong></p><p><strong>Refinancing assumptions.</strong></p><p>The Fed&#8217;s quarter-point increase may not fundamentally change any one of those decisions.</p><p>But businesses get into trouble when financing conditions change while their assumptions don&#8217;t.</p><p>The relevant question isn&#8217;t simply whether interest rates went up.</p><p>It&#8217;s whether the numbers behind your next decision still work now that they have.</p><h2>Sources</h2><p>Board of Governors of the Federal Reserve System &#8212; September 16, 2026: <em>Federal Reserve Issues FOMC Statement</em></p><p>Board of Governors of the Federal Reserve System &#8212; September 16, 2026: <em>Implementation Note</em></p>]]></content:encoded></item><item><title><![CDATA[SEC Proposes Eliminating the Federal Shareholder-Proposal Rule — What Would Change for Public Companies]]></title><description><![CDATA[Would Change for Public Companies]]></description><link>https://www.ritchandassociates.com/p/sec-proposes-eliminating-the-federal</link><guid isPermaLink="false">https://www.ritchandassociates.com/p/sec-proposes-eliminating-the-federal</guid><dc:creator><![CDATA[ROBERT RITCH]]></dc:creator><pubDate>Tue, 22 Sep 2026 20:35:05 GMT</pubDate><enclosure url="https://substack-post-media.s3.amazonaws.com/public/images/c3a836f1-7498-4117-9ce1-0a890cf1193a_598x1216.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<h1>Would Change for Public Companies</h1><p>The Securities and Exchange Commission is proposing a major change to how shareholders submit proposals for inclusion in public-company proxy materials.</p><p>On September 16, the SEC proposed rescinding Exchange Act Rule 14a-8, the longstanding federal rule that establishes circumstances under which qualifying shareholder proposals must be included in a company&#8217;s proxy statement.</p><p>If adopted, the proposal would shift much of the responsibility for determining the role of shareholder proposals from the SEC to <strong>state corporate law and individual companies&#8217; governing documents</strong>.</p><p>For public companies and investors, that could materially change how shareholder proposals reach annual meetings.</p><p>But the most important distinction is this:</p><p><strong>Rule 14a-8 remains in effect today.</strong></p><p>The SEC has proposed eliminating it. The Commission has not yet adopted a final rule.</p><h2>What Happened</h2><p>Rule 14a-8 establishes a federal framework under which qualifying shareholders can require certain proposals to appear in a company&#8217;s proxy materials, subject to eligibility requirements and specified grounds for exclusion.</p><p>The SEC is now proposing to rescind that framework.</p><p>The Commission says questions concerning whether shareholders should be able to place proposals in corporate proxy materials are fundamentally matters of corporate governance traditionally handled under state law.</p><p>Under the proposal, state corporate law and a company&#8217;s charter, bylaws, and other governing documents would play a greater role in determining how shareholder proposals are handled.</p><p>The SEC is also proposing changes to Rule 14a-4 concerning when companies can exercise discretionary voting authority over proposals presented at shareholder meetings but not included in company proxy materials.</p><h2>Why This Matters to Public Companies</h2><p>Shareholder proposals have become an established component of annual-meeting and proxy-season planning.</p><p>Companies devote legal, management, and board resources to evaluating proposals, determining whether they satisfy Rule 14a-8 and, when appropriate, seeking SEC staff concurrence that a proposal can be excluded.</p><p>Rescinding the federal rule could significantly change that process.</p><p>Instead of working primarily within one federal framework, companies and investors could increasingly have to examine the corporate law of the state in which a company is incorporated along with that company&#8217;s governing documents.</p><p>For Delaware corporations, for example, Delaware corporate law could assume greater importance in determining shareholder rights in this area.</p><p>Companies could also potentially address aspects of the shareholder-proposal process through their charters and bylaws, subject to applicable state law.</p><h2>Who It Affects</h2><p>The proposal is particularly relevant to:</p><ul><li><p>Public companies</p></li><li><p>Corporate boards</p></li><li><p>Securities and corporate-governance attorneys</p></li><li><p>Institutional investors</p></li><li><p>Activist investors</p></li><li><p>Shareholder advocacy organizations</p></li><li><p>Proxy advisers</p></li><li><p>Asset managers</p></li></ul><p>The effects could vary significantly depending on where a company is incorporated and what its governing documents provide.</p><h2>Arguments and Considerations on Both Sides</h2><p>The SEC&#8217;s current leadership argues that Rule 14a-8 extends federal securities regulation into an area more appropriately governed by state corporate law.</p><p>The Commission also says some of the original policy justifications for the federal shareholder-proposal framework have become less compelling and that the rule may have discouraged states from developing their own approaches.</p><p>Supporters of the existing framework can raise a different concern.</p><p>Rule 14a-8 gives shareholders and public companies a relatively uniform federal process. Eliminating it could produce different standards among states and companies and make the process more complicated for investors holding shares across many corporations.</p><p>There is also a practical question of access.</p><p>The current system gives qualifying shareholders a defined mechanism for bringing certain matters before fellow shareholders without conducting an entirely separate proxy solicitation.</p><p>How that access changes would depend on state law and individual corporate governance arrangements that emerge if the proposal becomes final.</p><h2>This Is Bigger Than ESG</h2><p>Shareholder proposals have received considerable attention in recent years because of environmental, social and governance issues.</p><p>But treating this proposal purely as an ESG development misses its broader significance.</p><p>Rule 14a-8 can be used for proposals involving executive compensation, corporate governance, shareholder rights and other business matters.</p><p>The fundamental issue, then, is not which shareholder proposals companies should accept.</p><p>It is <strong>who establishes the rules governing shareholder access to corporate proxy materials.</strong></p><p>The SEC&#8217;s proposal would move much of that authority away from a uniform federal rule.</p><h2>Where It Stands</h2><p>This is a <strong>proposed SEC rule &#8212; not a final rule.</strong></p><p>Rule 14a-8 remains in force.</p><p>The SEC issued the proposal on September 16, and the public-comment period is scheduled to run through November 20, 2026.</p><p>After reviewing comments, the Commission could adopt the proposal, modify it, abandon it, or pursue a different approach.</p><p>Companies therefore should not change their current proxy practices assuming Rule 14a-8 has already disappeared.</p><h2>What Businesses Should Watch</h2><p>Public companies should watch three issues closely.</p><p><strong>First, whether the SEC adopts the rescission substantially as proposed.</strong></p><p>The final rule, if there is one, could differ from the current proposal.</p><p><strong>Second, state-law developments.</strong></p><p>If federal regulation recedes, states may become more important in setting the rules for shareholder proposals.</p><p><strong>Third, corporate governing documents.</strong></p><p>Companies and their advisers may eventually need to examine whether existing charters and bylaws adequately address shareholder proposals under a more state-centered system.</p><p>The SEC proposal therefore potentially represents more than another change to proxy-season procedure.</p><p>It could change <strong>which level of government&#8212;and which corporate documents&#8212;determines how shareholders bring issues before public companies.</strong></p><h2>Sources</h2><p>U.S. Securities and Exchange Commission &#8212; September 16, 2026: <em>Rescission of Rule 14a-8&#8217;s Federal Regulation of Shareholder Proposals and Amendments to Rule 14a-4</em></p><p>U.S. Securities and Exchange Commission &#8212; September 16, 2026: <em>SEC Proposes Rescission of Shareholder Proposal Rule and Reforms to Proxy Solicitation Process</em></p>]]></content:encoded></item><item><title><![CDATA[White House Tightens H-1B Scrutiny: What Employers Need to Know About the $100,000 Requirement and Layoff Reviews]]></title><description><![CDATA[Employers using the H-1B visa program face another year of a $100,000 payment requirement for certain workers entering the United States &#8212; and potentially greater scrutiny if they have recently laid off U.S.]]></description><link>https://www.ritchandassociates.com/p/white-house-tightens-h-1b-scrutiny</link><guid isPermaLink="false">https://www.ritchandassociates.com/p/white-house-tightens-h-1b-scrutiny</guid><dc:creator><![CDATA[ROBERT RITCH]]></dc:creator><pubDate>Tue, 22 Sep 2026 12:04:44 GMT</pubDate><enclosure url="https://substack-post-media.s3.amazonaws.com/public/images/b0105bdf-40ad-4741-8ab3-29781671f38f_1371x1148.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<p>Employers using the H-1B visa program face another year of a $100,000 payment requirement for certain workers entering the United States &#8212; and potentially greater scrutiny if they have recently laid off U.S. employees.</p><p>On September 18, President Donald Trump issued two separate actions affecting the H-1B program.</p><p>A presidential proclamation extends for another year restrictions first imposed in 2025 on the entry of certain H-1B workers unless their petitions are accompanied or supplemented by a $100,000 payment.</p><p>A separate executive order directs federal agencies reviewing H-1B matters to consider whether sponsoring employers have recently laid off &#8212; or plan to lay off &#8212; similarly situated U.S. workers.</p><p>For employers, the second action may ultimately be as important as the $100,000 requirement.</p><h2>What Happened</h2><p>The presidential proclamation extends the H-1B entry restrictions originally imposed in September 2025.</p><p>Under the extended policy, entry into the United States for certain H-1B specialty-occupation workers is restricted unless the petition is accompanied or supplemented by a $100,000 payment.</p><p>The restriction applies to affected workers outside the United States who must seek admission based on the petition.</p><p>There are exceptions. The Secretary of Homeland Security can determine that the restriction should not apply to an individual, employees of a particular company or workers in an industry when their employment is in the national interest and does not threaten U.S. security or welfare.</p><p>The renewed restriction takes effect September 21, 2026, and is scheduled to continue for another 12 months.</p><h2>The $100,000 Requirement Is Not Universal</h2><p>Employers should be careful not to describe the policy as a $100,000 fee on every H-1B worker.</p><p>It isn&#8217;t.</p><p>The proclamation specifically addresses entry into the United States by affected H-1B workers and petitions involving workers currently outside the country.</p><p>Before filing an affected petition, an employer must obtain and retain documentation showing it has made the required payment.</p><p>The State Department must verify the payment during the visa process, and State and Homeland Security are directed to deny entry when the applicable payment requirement has not been satisfied.</p><p>The White House says the requirement, combined with other H-1B changes, has substantially altered filing patterns since its introduction in 2025.</p><h2>Layoffs Become Part of H-1B Scrutiny</h2><p>The separate executive order potentially creates a broader compliance issue for employers.</p><p>When considering H-1B labor condition applications, petitions, visas, and entry, the Departments of State, Labor, and Homeland Security are directed to take into account whether the sponsoring employer:</p><p><strong>Engaged directly or indirectly in layoffs during the previous year, or</strong></p><p><strong>Plans future layoffs that negatively affect similarly situated U.S. workers.</strong></p><p>Those agencies are also directed to coordinate with Commerce, Education and the Small Business Administration and use relevant wage, employment, academic, industrial and other economic information when administering the program.</p><p>That means H-1B review is becoming more explicitly connected to an employer&#8217;s broader workforce decisions.</p><h2>Previously Filed Applications Will Also Receive Attention</h2><p>The order does not look only at future filings.</p><p>Within 30 days of the September 18 order, the Department of Labor&#8217;s Wage and Hour Division must begin reviewing data associated with previously submitted labor condition applications.</p><p>The purpose is to determine whether additional action against sponsoring employers may be warranted under existing immigration law.</p><p>Employers with substantial H-1B usage therefore should not assume the new scrutiny applies only to petitions they file going forward.</p><h2>Who It Affects</h2><p>The changes are particularly relevant to businesses that regularly sponsor H-1B workers, including:</p><ul><li><p>Technology companies</p></li><li><p>Engineering businesses</p></li><li><p>Professional-services firms</p></li><li><p>IT staffing companies</p></li><li><p>Outsourcing businesses</p></li><li><p>Financial and technical employers</p></li><li><p>Companies recruiting specialized workers internationally</p></li></ul><p>The practical risk will vary significantly among employers.</p><p>A company hiring a highly specialized worker from overseas without simultaneously reducing comparable U.S. positions presents a different factual situation from an employer sponsoring large numbers of H-1B workers while conducting layoffs in similar occupations.</p><h2>Arguments and Considerations on Both Sides</h2><p>The administration argues that some employers have used the H-1 B program to replace U.S. workers with lower-cost foreign labor rather than supplement the domestic workforce with specialized talent.</p><p>The White House says the $100,000 requirement and other changes have already reduced registrations from major IT outsourcing companies and shifted selections toward higher-paid and more highly skilled workers.</p><p>Employers that depend on international talent may see the issue differently.</p><p>The H-1B program is widely used in technology, engineering, and other specialized fields where businesses may argue that particular skills are difficult to obtain domestically.</p><p>A $100,000 payment can materially change the economics of bringing an employee into the United States, particularly for smaller companies.</p><p>Additional scrutiny tied to layoffs also creates complexity because businesses can simultaneously reduce employment in one part of an organization while struggling to recruit specialized expertise in another.</p><p>That makes the government&#8217;s definition and application of &#8220;similarly situated&#8221; workers particularly important.</p><h2>Where It Stands</h2><p>These are <strong>two separate presidential actions already issued</strong>, not proposed legislation.</p><p>The proclamation extends the existing entry restriction and $100,000 payment requirement for another 12 months beginning September 21, 2026.</p><p>The executive order directs federal agencies to increase coordination and incorporate recent and planned layoffs into their consideration of H-1B matters.</p><p>It also gives relevant agencies authority to issue rules, policies, and operational guidance needed to implement the order.</p><p>Additional implementation details may therefore follow.</p><h2>What Employers Should Watch</h2><p>Companies using the H-1B program should watch three areas.</p><p><strong>First, determine whether the $100,000 requirement actually applies.</strong></p><p>The proclamation concerns affected workers seeking entry into the United States. Employers should not assume every H-1B petition is subject to the payment.</p><p><strong>Second, examine layoffs alongside H-1B sponsorship.</strong></p><p>Employers that have reduced U.S. headcount during the previous year &#8212; particularly in positions comparable to those being filled through H-1B sponsorship &#8212; should expect increased scrutiny.</p><p><strong>Third, watch for agency implementation.</strong></p><p>Labor, State, and Homeland Security now have explicit directions to coordinate their review, while Labor must begin examining previously submitted labor-condition data within 30 days.</p><p>For businesses, federal policy is increasingly clear.</p><p>H-1B compliance is no longer simply about whether a particular worker and position satisfy the requirements for a specialty occupation.</p><p>Federal agencies are being directed to look more broadly at <strong>what the sponsoring employer is doing with its U.S. workforce.</strong></p><h2>Sources</h2><p>The White House &#8212; September 18, 2026: <em>Restriction on Entry of Certain Nonimmigrant Workers</em></p><p>The White House &#8212; September 18, 2026: <em>Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program</em></p><p>The White House &#8212; September 18, 2026: <em>Fact Sheet: President Donald J. Trump Further Enhances Program Integrity and Interagency Coordination in the H-1B Visa Program</em></p>]]></content:encoded></item><item><title><![CDATA[SEC Opens Regulatory Path for Onchain Trading of Tokenized U.S. Stocks]]></title><description><![CDATA[The Securities and Exchange Commission has taken a significant step toward allowing traditional U.S.]]></description><link>https://www.ritchandassociates.com/p/sec-opens-regulatory-path-for-onchain</link><guid isPermaLink="false">https://www.ritchandassociates.com/p/sec-opens-regulatory-path-for-onchain</guid><dc:creator><![CDATA[ROBERT RITCH]]></dc:creator><pubDate>Fri, 18 Sep 2026 12:30:43 GMT</pubDate><enclosure url="https://substack-post-media.s3.amazonaws.com/public/images/da50a296-cfa1-4355-91fc-dd102803730b_1370x1148.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<p>The Securities and Exchange Commission has taken a significant step toward allowing traditional U.S. stocks to trade using blockchain-based market infrastructure.</p><p>On September 17, the SEC granted temporary, conditional regulatory relief designed to allow qualifying trading venues to facilitate transactions in <strong>tokenized National Market System stocks</strong> using technologies including permissioned automated market makers and liquidity pools.</p><p>The development is important because it moves tokenized public-company shares beyond regulatory discussion and toward actual operation within the U.S. securities market.</p><p>But there is an important distinction.</p><p><strong>The SEC has not adopted a permanent rule creating a new tokenized stock market.</strong></p><p>Instead, it has granted an exemption from certain existing securities regulations, subject to substantial conditions, while the Commission considers longer-term rules.</p><h2>What Happened</h2><p>The SEC issued what it calls an <strong>Innovation Exemption</strong> providing temporary regulatory relief for qualifying Tokenized Securities Venues, or TSVs.</p><p>Under the exemption, qualifying venues can facilitate transactions in tokenized versions of stocks already trading within the National Market System.</p><p>The relief addresses a basic regulatory problem facing blockchain-based trading systems.</p><p>A platform bringing together buyers and sellers of securities could otherwise fall within the Exchange Act definition of an &#8220;exchange,&#8221; triggering a regulatory framework developed for more traditional securities markets.</p><p>The SEC&#8217;s exemption provides qualifying tokenized venues temporary relief from that definition when they comply with the Commission's conditions.</p><p>The SEC also provided conditional relief from the Exchange Act definition of &#8220;dealer&#8221; for certain liquidity providers that use their own capital to supply liquidity to these venues.</p><h2>What the Exemption Allows</h2><p>The action creates a regulatory path for qualifying platforms to experiment with different ways to trade tokenized public-company shares.</p><p>That includes the use of <strong>permissioned automated market makers and liquidity pools</strong>, technologies more commonly associated with digital-asset markets.</p><p>Instead of relying exclusively on the traditional buyer-and-seller model of placing orders through an exchange, these systems can use capital pools and software-based mechanisms to facilitate transactions.</p><p>However, the SEC has placed significant limitations on the exemption.</p><p>Tokenized securities operating under the framework are subject to symbol and trading-volume limits.</p><p>Tokenized shares must provide investors with the same rights and privileges as <strong>equivalent traditional shares</strong>.</p><p>Smart contracts used in the system must also be publicly available and auditable.</p><p>And if trading in the underlying stock is halted on its primary exchange, trading in the tokenized version must also stop.</p><h2>What It Means for Public Companies</h2><p>One particularly important provision concerns the companies whose shares could be tokenized.</p><p>The exemption does not simply give unrelated third parties unlimited authority to tokenize any public company&#8217;s stock.</p><p>Issuers can object to unaffiliated third parties tokenizing their securities.</p><p>That gives public companies an important degree of control as the market develops.</p><p>Companies may therefore need to begin thinking about tokenization as more than a theoretical capital-markets issue.</p><p>Boards, management teams, securities counsel, and investor-relations departments may eventually need policies addressing whether, and under what circumstances, they want their securities represented and traded through tokenized infrastructure.</p><h2>Who It Affects</h2><p>The most immediate impact is on companies developing securities-market infrastructure.</p><p>That includes:</p><ul><li><p>Broker-dealers</p></li><li><p>Alternative trading platforms</p></li><li><p>Financial technology companies</p></li><li><p>Blockchain infrastructure providers</p></li><li><p>Market makers and liquidity providers</p></li><li><p>Public companies</p></li><li><p>Institutional investors</p></li><li><p>Securities attorneys and compliance professionals</p></li></ul><p>The longer-term implications could extend considerably further if tokenized trading becomes a meaningful part of the U.S. public markets.</p><h2>Arguments and Considerations on Both Sides</h2><p>Supporters of tokenization argue that blockchain-based infrastructure could make securities markets more efficient.</p><p>Potential advantages include faster settlement, programmable transactions, lower infrastructure costs, and new ways to provide market liquidity.</p><p>The SEC&#8217;s approach also lets regulators and market participants test those technologies within a controlled framework, rather than waiting for an entirely new regulatory structure to be developed first.</p><p>There are also significant questions.</p><p>Automated market makers and liquidity pools were not originally designed around the regulatory architecture governing U.S. public equities.</p><p>Regulators must consider investor protection, market manipulation, custody, cybersecurity, liquidity, price formation, and what happens when software controlling market activity fails or behaves unexpectedly.</p><p>Fragmentation is another concern.</p><p>If traditional shares and tokenized versions of the same securities trade through different infrastructure, regulators will need to determine how those markets interact while preserving consistent investor rights and market integrity.</p><h2>Where It Stands</h2><p>The SEC&#8217;s action is <strong>temporary exemptive relief &#8212; not a permanent final rule.</strong></p><p>That distinction is important.</p><p>The Commission is allowing qualifying market participants to operate under specified exemptions while simultaneously gathering information that could inform future regulation.</p><p>SEC Chairman Paul Atkins described the Innovation Exemption as a bridge toward more durable rulemaking.</p><p>The exemptions are scheduled to expire five years after publication unless the Commission modifies, extends, or replaces the framework.</p><p>The SEC is also requesting public comments.</p><p>That means the regulatory structure governing tokenized stocks could evolve considerably during the exemption period.</p><h2>What Businesses Should Watch</h2><p>The first question is which companies actually attempt to operate under the exemption.</p><p>Regulatory permission does not necessarily mean tokenized stocks will immediately become a significant part of U.S. trading.</p><p>Market adoption will matter.</p><p>Public companies should also watch how the issuer-objection process develops and whether major issuers permit independent tokenization of their shares.</p><p>Financial institutions should watch the SEC&#8217;s eventual permanent rulemaking closely.</p><p>The temporary exemption gives regulators an opportunity to observe how these systems function before deciding whether to modify existing securities rules more broadly.</p><p>And investors should pay attention to a basic principle embedded in the SEC&#8217;s framework:</p><p>A tokenized stock remains a <strong>security</strong>.</p><p>Putting a traditional stock on blockchain-based infrastructure does not remove it from federal securities regulation or eliminate the rights associated with the underlying shares.</p><p>That may ultimately be the most significant aspect of the SEC&#8217;s action.</p><p>Rather than creating a separate regulatory universe for tokenized public equities, the Commission is beginning to establish a path for blockchain technology to operate <strong>inside the existing U.S. securities system.</strong></p><h2>Sources</h2><p>U.S. Securities and Exchange Commission &#8212; September 17, 2026: <em>SEC Issues Innovation Exemption to Facilitate Trading of Tokenized NMS Stock, Requests Comment</em></p><p>U.S. Securities and Exchange Commission &#8212; September 17, 2026: Chairman Paul S. Atkins, <em>Innovation Exemption: A Bridge Toward Durable Rulemaking</em></p>]]></content:encoded></item><item><title><![CDATA[White House Moves to Restrict Canadian Goods From Federal Government Purchasing]]></title><description><![CDATA[The U.S.-Canada trade dispute is moving beyond tariffs and import restrictions and into another major market: federal government purchasing.]]></description><link>https://www.ritchandassociates.com/p/white-house-moves-to-restrict-canadian</link><guid isPermaLink="false">https://www.ritchandassociates.com/p/white-house-moves-to-restrict-canadian</guid><dc:creator><![CDATA[ROBERT RITCH]]></dc:creator><pubDate>Thu, 17 Sep 2026 12:02:10 GMT</pubDate><enclosure url="https://substack-post-media.s3.amazonaws.com/public/images/30cf8066-4c23-442b-996d-978227a34d0c_1370x1148.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<p>The U.S.-Canada trade dispute is moving beyond tariffs and import restrictions and into another major market: <strong>federal government purchasing.</strong></p><p>President Donald Trump issued a presidential memorandum on September 16 directing federal officials to identify Canadian-origin products that can lawfully be removed or made unavailable for purchase through the federal civilian procurement system.</p><p>For companies selling products to federal agencies &#8212; or supplying contractors that do &#8212; the action deserves attention.</p><p>But the distinction between what the administration has ordered and what it has actually prohibited matters.</p><p>The memorandum <strong>does not immediately ban all Canadian products from federal procurement.</strong></p><p>Instead, it directs the federal government to identify products it can legally restrict and begin taking steps to implement those restrictions.</p><h2>What Happened</h2><p>The September 16 memorandum, titled <em>Restoring Reciprocity in Government Procurement</em>, directs the Office of Management and Budget and the U.S. Trade Representative to work with the Federal Acquisition Regulatory Council to identify Canadian-origin products that can lawfully be made unavailable for federal civilian procurement.</p><p>Federal agency heads are also directed to take appropriate actions within their existing legal authority to implement the policy.</p><p>The administration says the action is intended to address what it considers unequal access between U.S. and Canadian government procurement markets.</p><p>According to the White House, Canadian businesses currently have access to more than $280 billion annually in U.S. federal procurement covered by the World Trade Organization&#8217;s Agreement on Government Procurement.</p><p>The administration argues American businesses do not receive equivalent access to Canada&#8217;s procurement market.</p><h2>What the Action Does</h2><p>The memorandum establishes a federal policy to limit procurement of certain Canadian-origin goods.</p><p>It directs OMB and USTR, in coordination with the FAR Council, to identify products that can legally be excluded or made unavailable through the federal civilian procurement system.</p><p>That process matters because federal purchasing is governed by a combination of statutes, regulations, trade agreements, and procurement rules.</p><p>The administration therefore cannot necessarily prohibit every Canadian-origin product through a single directive without considering those existing obligations.</p><p>The memorandum instead instructs federal officials to determine where restrictions can legally be imposed and implement them using existing authority.</p><p>Agency heads are separately directed to take appropriate measures consistent with applicable law.</p><h2>Who It Affects</h2><p>The most obvious exposure is for Canadian companies selling products directly to U.S. federal agencies.</p><p>But the potential consequences extend into American supply chains.</p><p>Businesses that should watch the implementation include:</p><ul><li><p>Canadian manufacturers and exporters</p></li><li><p>U.S. distributors of Canadian-origin products</p></li><li><p>Federal contractors</p></li><li><p>Government suppliers using Canadian components</p></li><li><p>Manufacturers competing against Canadian suppliers</p></li><li><p>Companies participating in federal procurement programs</p></li></ul><p>For some U.S. manufacturers, restrictions could create new opportunities if federal buyers must replace Canadian-origin products with domestic alternatives.</p><p>For others, particularly contractors dependent on Canadian suppliers, the policy could create sourcing and compliance challenges.</p><h2>Arguments and Considerations on Both Sides</h2><p>The administration describes the policy as an effort to restore reciprocity.</p><p>It argues that Canadian companies benefit from substantial access to the U.S. federal procurement market, while American businesses face more restrictive access to government purchasing opportunities in Canada.</p><p>Restricting Canadian products could therefore increase opportunities for U.S. manufacturers and strengthen domestic sourcing.</p><p>There are also potential costs.</p><p>Federal contractors have supply chains designed around existing procurement rules. Removing currently available Canadian products could require contractors and agencies to identify replacement suppliers, potentially affecting pricing, availability, and contract performance.</p><p>The impact will depend heavily on which products are ultimately identified for restriction.</p><h2>Where It Stands</h2><p>This is a <strong>signed presidential memorandum directing executive-branch action.</strong></p><p>It is not a proposed rule awaiting public comment.</p><p>But it is also <strong>not a blanket federal procurement ban on Canadian products.</strong></p><p>The memorandum begins by identifying Canadian-origin products that can legally be restricted and directs agencies to implement the policy within their existing authority.</p><p>That means businesses should watch what OMB, USTR, the FAR Council, and individual federal agencies do next.</p><p>Those implementation decisions will determine the policy's practical scope`.</p><h2>What Businesses Should Watch</h2><p>Federal contractors should begin by examining whether Canadian-origin products or components appear in their government supply chains.</p><p>Companies competing with Canadian manufacturers should also watch the process. Restrictions could create opportunities for domestic suppliers if agencies need alternative sources.</p><p>Three developments will be particularly important:</p><p><strong>Which Canadian products are identified.</strong><br>The memorandum itself does not provide a comprehensive exclusion list.</p><p><strong>How the FAR Council implements the policy.</strong><br>Changes to federal acquisition rules could determine how broadly restrictions apply to contractors and suppliers.</p><p><strong>Whether Canada responds.</strong><br>The procurement memorandum comes amid a broader trade dispute already involving tariffs and scheduled import restrictions on specified Canadian products.</p><p>For businesses, the significance is that the dispute is no longer confined to the border.</p><p>It is now moving into the federal government&#8217;s enormous purchasing system.</p><p>And for companies selling into that system, the next government action may determine whether Canadian sourcing remains an option &#8212; or whether domestic alternatives become necessary.</p><h2>Sources</h2><p>White House &#8212; September 16, 2026: <em>Presidential Memorandum: Restoring Reciprocity in Government Procurement</em></p><p>White House &#8212; September 16, 2026: <em>Fact Sheet: President Donald J. Trump Restores Reciprocity in Government Procurement</em></p>]]></content:encoded></item><item><title><![CDATA[Canadian Tariff Changes Take Effect Today — With Import Bans Coming September 29]]></title><description><![CDATA[Businesses importing certain products from Canada face a changing trade environment this month, with tariff-list changes taking effect today and outright import prohibitions scheduled to begin September 29.]]></description><link>https://www.ritchandassociates.com/p/canadian-tariff-changes-take-effect</link><guid isPermaLink="false">https://www.ritchandassociates.com/p/canadian-tariff-changes-take-effect</guid><dc:creator><![CDATA[ROBERT RITCH]]></dc:creator><pubDate>Tue, 15 Sep 2026 15:16:35 GMT</pubDate><enclosure url="https://substack-post-media.s3.amazonaws.com/public/images/062e1161-53b8-4c3f-ad33-13ab73a7ab65_1222x1287.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<p>Businesses importing certain products from Canada face a changing trade environment this month, with tariff-list changes taking effect today and outright import prohibitions scheduled to begin September 29.</p><p>The distinction matters.</p><p>The United States had already imposed additional 50% tariffs on specified Canadian alcoholic beverages, dairy products and motor vehicles under Section 338 of the Tariff Act of 1930.</p><p>On September 8, President Donald Trump signed a series of proclamations modifying which Canadian products are covered by those additional duties and moving certain products from tariffs to outright import prohibitions.</p><p>For affected businesses, the question is no longer simply how much it will cost to import a product.</p><p>Beginning September 29, some covered Canadian goods will not be permitted to enter the United States at all.</p><h2>What Happened</h2><p>The current dispute traces back to July, when the administration imposed additional duties of up to 50% on specified Canadian products.</p><p>The administration said Canada&#8217;s treatment of U.S. alcoholic beverages, dairy products and motor vehicles discriminated against American commerce and invoked Section 338 of the Tariff Act of 1930.</p><p>Those duties ultimately took effect on August 22 after a brief suspension intended to allow additional negotiations.</p><p>On September 8, the administration escalated the response.</p><p>The administration issued five presidential proclamations addressing Canadian alcohol, dairy, and motor vehicles.</p><p>Some modify the products subject to the existing additional tariffs. Those changes take effect September 15.</p><p>Others go considerably further by excluding specified Canadian products from importation beginning September 29.</p><h2>What the Government Action Does</h2><p>For businesses, two separate issues now need to be understood.</p><p>First, the scope of Canadian products subject to the additional 50% duties is changing.</p><p>Companies importing affected goods should therefore verify the Harmonized Tariff Schedule classification of their products rather than assuming the tariff treatment that applied previously remains unchanged.</p><p>Second, certain products currently subject to the additional tariffs are being moved into a different category entirely: prohibited imports.</p><p>The September 8 proclamations cover specified Canadian alcoholic beverages, dairy products and motor vehicles.</p><p>For example, the dairy proclamation states that products listed in its annex will be excluded from importation into the United States beginning at 12:01 a.m. Eastern on September 29.</p><p>Similar actions were issued for specified Canadian alcoholic beverages and motor vehicles.</p><p>That distinction is critical.</p><p>A tariff increases the cost of bringing a product into the country.</p><p>An import prohibition can eliminate the ability to bring that product into the country altogether.</p><h2>Who It Affects</h2><p>The most obvious impact falls on businesses directly importing affected Canadian goods.</p><p>But the consequences can extend further through the supply chain.</p><p>Potentially affected businesses include:</p><ul><li><p>Importers and distributors</p></li><li><p>Alcohol wholesalers and retailers</p></li><li><p>Dairy distributors and food businesses</p></li><li><p>Automobile manufacturers and dealers</p></li><li><p>Parts and supply-chain companies</p></li><li><p>Logistics providers</p></li><li><p>Customs brokers</p></li><li><p>Businesses purchasing Canadian products through U.S. distributors</p></li></ul><p>Companies that do not directly import products can therefore still experience changes in price, availability, or sourcing.</p><h2>Arguments and Considerations on Both Sides</h2><p>The administration argues the actions are necessary because Canada has maintained discriminatory treatment of U.S. products.</p><p>The White House says Canada failed to eliminate the practices identified in the earlier proclamations and subsequently imposed additional retaliatory measures against U.S. exports.</p><p>From that perspective, tariffs and import restrictions are intended to pressure Canada to change policies that disadvantage American companies.</p><p>That approach also carries costs.</p><p>Import restrictions can affect U.S. companies that depend on Canadian suppliers, potentially increasing costs or reducing product availability.</p><p>Businesses may need to find alternative suppliers, change inventories or renegotiate contracts even though they had no involvement in the underlying trade dispute.</p><p>The practical impact will therefore vary considerably by industry and supply chain.</p><h2>Where It Stands</h2><p>These actions are <strong>presidential proclamations, not proposed regulations awaiting public comment.</strong></p><p>The existing additional Section 338 duties became effective August 22.</p><p>The September 8 proclamations modify the products covered by those duties, with those changes taking effect September 15.</p><p>The separate import prohibitions covering specified products are scheduled to take effect at <strong>12:01 a.m. Eastern on September 29, 2026</strong>.</p><p>Businesses should not confuse those dates.</p><h2>What Businesses Should Watch</h2><p>Companies purchasing Canadian products should first determine whether their products appear in the applicable tariff classifications covered by the proclamations.</p><p>Businesses with affected goods already moving through the supply chain should pay particular attention to timing.</p><p>The proclamations provide transition treatment for certain products imported before September 29 but not yet entered for consumption. Those products may remain subject to the 50% duty rather than the new import prohibition.</p><p>Importers should review the precise treatment of their products with their customs brokers or trade advisers rather than relying on general product descriptions.</p><p>Businesses should also watch negotiations between the United States and Canada.</p><p>The administration has previously suspended and modified these measures as negotiations changed. Further government action could therefore alter the situation again.</p><p>For now, however, businesses should plan around two facts:</p><p><strong>The revised tariff treatment begins September 15.</strong></p><p>And for specified Canadian products, <strong>September 29 changes the issue from the cost of importing to whether importing is permitted at all.</strong></p><h2>Sources</h2><p>White House &#8212; September 8, 2026: <em>Fact Sheet: President Donald J. Trump Responds to Canada&#8217;s Retaliation</em></p><p>White House &#8212; Presidential Proclamations modifying the scope of Canadian products subject to additional duties</p><p>White House &#8212; Presidential Proclamations excluding certain Canadian alcoholic beverages, dairy products and motor vehicles from importation</p><p>White House &#8212; August 18, 2026: <em>Temporary Suspension of Additional Duties to Offset Canadian Discrimination Against the Commerce of the United States With Respect to Alcoholic Beverages, Dairy, and Motor Vehicles</em></p>]]></content:encoded></item><item><title><![CDATA[SBA Is Reconsidering What Qualifies as a Small Business — and Federal Contractors Should Pay Attention]]></title><description><![CDATA[The federal government&#8217;s definition of a &#8220;small business&#8221; may be changing &#8212; and for companies that sell to the government or rely on SBA programs, the consequences could be significant.]]></description><link>https://www.ritchandassociates.com/p/sba-is-reconsidering-what-qualifies</link><guid isPermaLink="false">https://www.ritchandassociates.com/p/sba-is-reconsidering-what-qualifies</guid><dc:creator><![CDATA[ROBERT RITCH]]></dc:creator><pubDate>Mon, 14 Sep 2026 13:13:02 GMT</pubDate><enclosure url="https://substack-post-media.s3.amazonaws.com/public/images/1c5ddd27-4c7f-4a2f-8420-574ca9c517dc_1536x1024.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<p>The federal government&#8217;s definition of a &#8220;small business&#8221; may be changing &#8212; and for companies that sell to the government or rely on SBA programs, the consequences could be significant.</p><p>The U.S. Small Business Administration is considering a major revision of its size standards, including both the methodology it uses to determine who qualifies as small and the specific thresholds applied across industries.</p><p>On September 17, the SBA will hold a virtual public forum to receive testimony on the proposals. That testimony will become part of the administrative record the agency considers before issuing a final rule.</p><p>For businesses near an SBA size threshold, this is more than a technical regulatory exercise. The eventual changes could determine whether they remain eligible for federal small-business contracting opportunities and other SBA programs.</p><h2>What Happened</h2><p>In August, the SBA proposed a broad overhaul of its small-business size standards.</p><p>The proposal would simplify the system by moving toward broader four-digit North American Industry Classification System, or NAICS, industry groupings. According to the SBA, this would reduce the number of separate size-standard categories from nearly 1,000 to 338.</p><p>The agency is also proposing higher thresholds in numerous industries.</p><p>The SBA estimates that the changes would result in more than 110,000 additional firms qualifying as small businesses.</p><p>On September 11, the agency announced that it would accept public testimony on the proposed changes at a virtual forum scheduled for September 17.</p><p>Businesses may also submit written comments.</p><h2>What the Proposal Would Do</h2><p>The proposal could change both how the SBA calculates size standards and where it sets the thresholds<strong>.</strong></p><p>Under the revised methodology, the SBA would change the formula used to translate industry economic characteristics into a size standard.</p><p>Among the changes, the agency proposes eliminating an explicit maximum size standard used under the previous methodology. That could allow substantially higher thresholds in industries where economic data supports them.</p><p>The methodology would also add a productivity adjustment to monetary-based size standards, rather than relying primarily on inflation adjustments.</p><p>Some proposed increases are substantial.</p><p>For example, the SBA says the employee-based size standard for semiconductor manufacturers would rise from 1,250 to 2,800 employees. Shipbuilding would increase from 1,300 employees to 2,300, while oil drilling would increase from 1,000 employees to 2,650.</p><p>For support activities for animal production, the receipts-based threshold would increase from $11 million to $71 million.</p><p>These examples demonstrate how materially the definition of &#8220;small&#8221; could change in certain industries.</p><h2>Who It Affects</h2><p>The most immediate impact is on companies that participate &#8212; or want to participate &#8212; in federal contracting.</p><p>Federal agencies reserve certain procurement opportunities for businesses that qualify as small under SBA standards. Moving the threshold can therefore change the competitive field for those contracts.</p><p>A growing company that previously exceeded its industry&#8217;s threshold could potentially regain or retain small-business eligibility.</p><p>The proposal could also affect businesses using SBA lending and other programs where size eligibility applies.</p><p>The SBA has specifically encouraged companies selling to the federal government and organizations that provide businesses with access to capital to participate in the September 17 forum.</p><h2>Arguments and Considerations on Both Sides</h2><p>The case for revising the standards is straightforward.</p><p>Businesses and industries have grown, costs have increased, productivity has changed and some existing classifications may no longer accurately reflect today&#8217;s economy.</p><p>Higher thresholds could also address an unusual problem created by government programs: successful small businesses can eventually grow beyond eligibility and suddenly find themselves competing directly against much larger companies.</p><p>Allowing companies to remain classified as small for longer could provide a smoother transition.</p><p>There is another side.</p><p>Expanding eligibility means more businesses can compete for opportunities specifically intended for small businesses. Existing small contractors could therefore face increased competition from considerably larger companies that newly qualify under higher thresholds.</p><p>The broader the definition of &#8220;small business&#8221; becomes, the more important the question becomes: <strong>Which businesses are federal small-business programs actually intended to help?</strong></p><p>That is one of the practical policy questions the SBA will ultimately have to resolve.</p><h2>Where It Stands</h2><p>These changes are <strong>proposals, not current requirements.</strong></p><p>The SBA published its proposed size-standard changes and revised methodology in August and is currently receiving public input.</p><p>The September 17 virtual forum is part of that process. Oral and written testimony submitted through the process will become part of the administrative record the SBA considers when developing the final rule.</p><p>Businesses should therefore not treat the proposed thresholds as existing eligibility standards.</p><h2>What Businesses Should Watch</h2><p>Companies involved in federal contracting should determine whether the proposed standard for their industry differs materially from the existing standard.</p><p>Businesses near their current size threshold have the most obvious reason to pay attention.</p><p>Companies should also consider the competitive impact, not simply their own eligibility. A business that remains comfortably below its industry&#8217;s threshold could still find itself competing against larger companies if the threshold rises significantly.</p><p>And businesses that believe the proposed methodology or industry threshold creates an unintended competitive consequence still have an opportunity to participate in the rulemaking process.</p><p>The immediate date to watch is <strong>September 17, 2026</strong>, when the SBA holds its virtual public forum.</p><p>The more important date will come later, when the SBA determines what changes survive the public-comment process and appear in a final rule.</p><p>Until then, businesses should treat this as an important proposed change &#8212; not a change in the law that has already taken effect.</p><h2>Sources</h2><p>U.S. Small Business Administration &#8212; September 11, 2026: <em>SBA to Consider Public Testimony on Proposed Size Standards Rules</em></p><p>U.S. Small Business Administration &#8212; August 20, 2026: <em>SBA Proposes Overhaul to Simplify Small Business Classification and Expand Access to Federal Programs</em></p><p>Federal Register &#8212; <em>Small Business Size Standards: Revised Size Standards Methodology</em></p><p>Federal Register &#8212; <em>Small Business Size Standards</em></p>]]></content:encoded></item><item><title><![CDATA[Federal Regulators Expand 18-Month Exam Cycle for Community Banks Up to $6 Billion]]></title><description><![CDATA[Federal banking regulators are expanding the number of community banks eligible for less frequent on-site examinations by raising the asset threshold for qualifying institutions from $3 billion to $6 billion.]]></description><link>https://www.ritchandassociates.com/p/federal-regulators-expand-18-month</link><guid isPermaLink="false">https://www.ritchandassociates.com/p/federal-regulators-expand-18-month</guid><dc:creator><![CDATA[ROBERT RITCH]]></dc:creator><pubDate>Fri, 11 Sep 2026 13:02:25 GMT</pubDate><enclosure url="https://substackcdn.com/image/fetch/$s_!JQa2!,w_256,c_limit,f_auto,q_auto:good,fl_progressive:steep/https%3A%2F%2Fsubstack-post-media.s3.amazonaws.com%2Fpublic%2Fimages%2Ffa19a6e6-818a-4372-9399-751e80f631f4_1024x1024.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<p>Federal banking regulators are expanding the number of community banks eligible for less frequent on-site examinations by raising the asset threshold for qualifying institutions from $3 billion to $6 billion.</p><p>The change could reduce regulatory costs and administrative demands for eligible community banks while maintaining financial and management standards institutions must meet to qualify.</p><h2>What Happened</h2><p>On September 10, the Federal Reserve, Federal Deposit Insurance Corporation, and Office of the Comptroller of the Currency jointly announced an interim final rule expanding eligibility for an 18-month examination cycle.</p><p>Under the previous threshold, institutions with assets of less than $3 billion could qualify for the longer examination schedule.</p><p>The new rule increases that threshold to less than $6 billion.</p><h2>What the Rule Does</h2><p>Federal regulators conduct periodic examinations of banks and savings associations.</p><p>Qualifying institutions covered by the rule may undergo a full-scope, on-site examination every 18 months rather than every 12 months.</p><p>That six-month difference can reduce management time and internal resources devoted to preparing for and participating in regulatory examinations.</p><p>The change does not eliminate examinations or automatically apply to every institution with assets below $6 billion.</p><p>Banks must meet additional regulatory criteria.</p><h2>Who It Affects</h2><p>The rule applies to qualifying insured depository institutions falling within the expanded asset range.</p><p>Among other requirements, eligible institutions generally must be well capitalized and well managed.</p><p>Regulators retain authority to conduct more frequent examinations when an institution&#8217;s condition or circumstances warrant additional oversight.</p><p>The immediate beneficiaries are therefore financially sound community banks that meet the regulatory requirements rather than troubled institutions seeking reduced supervision.</p><h2>Arguments and Considerations on Both Sides</h2><p>Supporters of the change argue that reducing examination frequency for well-managed institutions can lower unnecessary regulatory burdens without materially weakening bank supervision.</p><p>Community banks often argue that compliance costs fall disproportionately on smaller institutions because they have fewer employees and less revenue to spread regulatory expenses across.</p><p>Allowing qualifying institutions another six months between examinations could reduce those costs and free management resources for other activities.</p><p>There is a countervailing consideration.</p><p>Regular examinations are an important part of the banking-supervision system and can help regulators identify emerging problems before they become more serious.</p><p>Increasing the examination interval therefore requires regulators to balance reduced compliance burdens against effective oversight.</p><p>The eligibility requirements are intended to address that concern by limiting the longer cycle to institutions meeting financial and management standards.</p><h2>Where It Stands</h2><p>The agencies issued the change as an interim final rule.</p><p>According to the joint announcement, the rule becomes effective upon publication in the Federal Register.</p><p>The agencies are also accepting public comments for 30 days following publication.</p><p>Businesses should distinguish that structure from a conventional proposed rule.</p><p>The change takes effect while the agencies simultaneously receive comments that could inform subsequent regulatory action.</p><h2>What Businesses Should Watch</h2><p>The direct impact falls on community banks, but businesses that rely on those institutions should watch how the regulatory environment develops.</p><p>Community banks play an important role in commercial lending, particularly for smaller businesses and businesses operating in markets not always served as aggressively by national financial institutions.</p><p>It would be premature to conclude that less frequent examinations will directly increase lending or reduce borrowing costs.</p><p>The rule, however, represents another federal effort to reduce regulatory burden on qualifying community financial institutions.</p><p>Business owners should watch whether additional changes follow involving community-bank regulation, commercial lending, or capital requirements</p>]]></content:encoded></item><item><title><![CDATA[SBA Changes 8(a) Rules as Defense-Critical Manufacturers Move to the Front of the Line]]></title><description><![CDATA[The U.S.]]></description><link>https://www.ritchandassociates.com/p/sba-changes-8a-rules-as-defense-critical</link><guid isPermaLink="false">https://www.ritchandassociates.com/p/sba-changes-8a-rules-as-defense-critical</guid><dc:creator><![CDATA[ROBERT RITCH]]></dc:creator><pubDate>Fri, 11 Sep 2026 13:00:58 GMT</pubDate><enclosure url="https://substack-post-media.s3.amazonaws.com/public/images/dcaf290e-fd68-4701-a243-87276039cf98_1536x1024.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<p>The U.S. Small Business Administration has issued new guidance affecting its 8(a) Business Development Program, including changes intended to prioritize businesses operating in industries considered important to the nation&#8217;s defense industrial base.</p><p>The changes could create opportunities for qualifying manufacturers while also changing what applicants must demonstrate to gain admission to the program.</p><h2>What Happened</h2><p>On September 10, the SBA announced guidance implementing changes to the 8(a) program.</p><p>Among the most significant changes is an emphasis on applications from businesses operating in defense-critical industries.</p><p>The agency identified industries including machine shops, electronic-component manufacturing, iron and steel operations, fabricated-metal products, and shipbuilding and repair.</p><p>The SBA is also reinstating reviews designed to determine whether applicants demonstrate sufficient &#8220;potential for success.&#8221;</p><h2>What the Changes Do</h2><p>The 8(a) Business Development Program is intended to help eligible small businesses compete for federal contracting opportunities while providing business-development assistance.</p><p>Under the new approach, qualifying businesses operating in industries considered important to defense manufacturing and the domestic industrial base may receive greater priority during the application process.</p><p>At the same time, applicants will face renewed scrutiny of their financial and business condition through the potential-for-success review.</p><p>That means eligibility alone may not be sufficient.</p><p>Applicants should be prepared to show that their businesses have the financial resources, operating history, and capabilities needed to perform government contracts successfully.</p><h2>Who It Affects</h2><p>The changes are particularly relevant to small businesses operating within manufacturing and defense-related supply chains.</p><p>Potentially affected companies include machine shops, metal fabricators, component manufacturers, and businesses involved in shipbuilding and repair.</p><p>The changes also matter to businesses with pending individually owned 8(a) applications.</p><p>According to the SBA&#8217;s announcement, pending applicants have 45 days to update and resubmit financial information under the revised requirements.</p><p>Companies with applications already underway should therefore determine quickly whether additional documentation is required.</p><h2>Arguments and Considerations on Both Sides</h2><p>From the government&#8217;s perspective, prioritizing defense-critical businesses could strengthen the domestic supplier base and increase the number of smaller companies that can compete for defense-related federal work.</p><p>Small manufacturers can face significant barriers when attempting to enter government contracting, including certification requirements, procurement procedures, and the resources necessary to pursue large federal opportunities.</p><p>Prioritization through the 8(a) program could lower some of those barriers for qualifying businesses.</p><p>There are also trade-offs.</p><p>Prioritizing certain industries necessarily means businesses outside those industries may receive less attention. Reinstating potential-for-success reviews could also make entry more difficult for younger or financially weaker businesses.</p><p>Supporters may view that additional scrutiny as necessary to ensure participants can fulfill federal contracts.</p><p>Critics could argue that businesses most in need of development assistance may also be the businesses least able to demonstrate strong financial performance at the application stage.</p><h2>Where It Stands</h2><p>The SBA has issued guidance implementing the revised program requirements.</p><p>Businesses currently applying for 8(a) participation should review the agency&#8217;s current requirements rather than relying on application standards that existed when they initially began the process.</p><p>Pending applicants should pay particular attention to the 45-day period for updating financial information where applicable.</p><h2>What Businesses Should Watch</h2><p>Companies in defense-critical manufacturing industries should determine whether the revised 8(a) program presents a new federal contracting opportunity.</p><p>That does not mean every qualifying manufacturer should pursue government work.</p><p>Federal contracting can involve substantial administrative, compliance, and performance requirements.</p><p>But manufacturers already considering government contracting&#8212;or companies supplying larger defense contractors&#8212;now have another reason to examine the program.</p><p>Businesses with pending applications should act more quickly.</p><p>Their immediate priority should be determining whether the new financial-information requirements apply to them and whether their existing application demonstrates the potential for success required under the revised program.</p><p><strong>Source:</strong> U.S. Small Business Administration, September 10, 2026 guidance concerning the 8(a) Business Development Program.</p>]]></content:encoded></item></channel></rss>