Well's Notice

While a “Wells Notice” has “well” in it, it’s not a welcome thing.

The “Wells” comes from John Wells, who once chaired the Wells Committee (also named after him) at the Security Exchange Commission, or the SEC.

If you’re thinking “SEC? Uh-oh..."...you’re right. When the SEC starts talking to you, it’s not because they want to be your BFF.

A Wells Notice is a letter from SEC regulators to let you know they’ve completed an investigation of SEC infractions. It lays out the basics of the infractions, and concludes with next steps on what they’re going to do with you. If you’ve been naughty, violating securities laws, it means punishment in the form of civil action against you (whether you’re a person or a firm).

When you get a Wells Notice, you still have the opportunity to defend yourself via a “Wells Submission” to those involved in investigating your violations, within 30 days of receiving your Wells Notice. Rather than a plea or a “It wasn’t me!” kind of letter, this response should lay out legal reasons why you shouldn’t be charged. Also, those responses are public, so...keep that in mind, too.

Between 2011 and 2013, 80% of Wells Notice recipients faced charges for their tomfoolery, so Wells Notices are no joke.