COVID-19 Brings Risks – and we aren’t talking Health Risks

Advisers registered with the SEC have faced several challenges through the Coronavirus pandemic. These have come operationally, technologically, commercially, and so on. The OCIE has put forth great efforts to continue operating as normal through this time and have worked to make sure that advisers could work in normal operational procedures without major disruptions. The […]

Let the Exams Continue..

The Securities and Exchange Commission has created the Event and Emerging Risks Examination Team (EERT) in the Office of Compliance Inspections and Examinations (OCIE). The EERT will work with financial firms on emerging threats and current market events and will be utilized for their expertise and resources by the SEC’s regional offices when critical matters come […]

“Law without penalty is advice.”

The Securities and Exchange Commission recently announced that Interactive Brokers LLC will pay an $11.5 million penalty to settle charges it repeatedly failed to file Suspicious Activity Reports (SARs) for U.S. microcap securities trades it executed on behalf of its customers. FINRA and CFTC also announced settlements with Interactive Brokers related to anti-money laundering failures […]

SEC Adopts Amendments to Procedures for Exemptive Relief

The SEC is frequently receiving applications for exemptions or other relief for funds. These exceptions provide important economic benefits to funds and their shareholders, encourage financial innovation, and increase the variety of opportunities for investors.  So on July 6, 2020 the SEC adopted amendments to the Exemptive Applications procedures. This will help create a quicker […]

40 Years Without Change to Form 13F. Overdue? Absolutely!

On July 10th, the SEC proposed changes to Form 13F to update the threshold for institutional investment managers and make other targeted changes. The form originated in 1978 to collect data from larger managers about their investment activities and holdings, so that their influence and impact could be considered in maintaining fair and orderly securities […]

Update: SEC Rule Change Proposal!

The U.S. Securities and Exchange Commission (the “Commission”) recently published a series of proposed rule changes, including a change to the “accredited investor status” verification requirement under Rule 506(c) of Regulation D. My RIA Lawyer responded to the proposal on behalf of our private fund clients. Please read our full comment letter to the Commission […]

What violations are catching FINRA’s attention?

Quarantine doesn’t slow down suitability violations. FINRA is consistent in their review of unsuitable recommendations. Despite this being a hot topic for FINRA and all the cases they consistently have, there are violations happening at an alarming rate. Here are the main points to consider:   1: Review your WSPs for suitability and make sure […]

Are your disclosures (or lack of) going to get you in trouble?

The SEC started an initiative a couple years ago ordering firms to turn themselves in if they had failed to fully and fairly disclose their conflicts of interests in selecting for their advisory clients more expensive mutual fund share classes. The initiative allowed firms to self-report and return money to harmed investors.   This initiative […]

The SEC is Proposing a Modernization of the Framework for Fund Valuation Practices

This is huge news. We haven’t seen this addressed since 1970. The proposal reflects the vast changes that have taken place over the years. It also recognizes the important role that funds’ investment advisers may play and the expertise they may provide. This new rule is designed to explain how fund boards can satisfy their […]

Is your Cybersecurity Program Air Tight?

On January 27th 2020 the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) issued examination observations related to cybersecurity and operational resiliency practices taken by market participants.  OCIE observed a wide range of industry practices which included governance and risk management, access rights and controls, data loss prevention, mobile security, incident response […]