Setting SEC Exam Priorities

posted in: SEC Examinations | 0

One of the more interesting aspects of the recent National Exam Program release – Examination Priorities for 2013 – is that the priorities have been set by the SEC staff and not by the SEC itself.  The exam priorities and … Continued

Compliance Alert – SEC Exam Priorities

posted in: Alert!, SEC Examinations | 0

Dear Compliance Professional,   The National Examination Program (NEP) of the SEC’s Office of Compliance Inspections and Examinations recently released its examination priorities for 2013. The NEP release addresses both market-wide priorities and priorities for each of the NEP’s four … Continued

SEC Examination Priorities for 2013

posted in: SEC Examinations | 0

The National Examination program (NEP) of the Office of Compliance Inspections and Examinations (OCIE) published its examination priorities to communicate with investors and registrants about areas that are perceived by the staff to have heightened risk, and to support the … Continued

Arbitration Clauses

posted in: Client Relations | 0

The state of Massachusetts, in a public letter, is calling on the U.S. Securities and Exchange Commission to prohibit Registered Investment Advisers from inserting mandatory arbitration clauses in their contracts, saying such clauses are widespread, not always in the best … Continued

State Privacy Laws & Social Media

posted in: Advertising & Marketing | 0

An increasing number of states are passing privacy laws that conflict with book and record keeping requirements of SEC-registered investment advisers.  If a social media post is considered advertising, an SEC-registered investment adviser is required to keep a record of … Continued

Overly Helpful?

posted in: Compliance | 0

Has anyone else noticed the increased frequency with which regulators have been communicating with investment advisers? This is occurring on both the federal and state level. While I do applaud their efforts, the indiscriminate nature of the communications tends to … Continued

SAA Entitlement Certification

posted in: Registration & Licensing | 0

Even though you may get a message from FINRA to the contrary, investment advisory firms with only one registered investment adviser do not have to go through the annual SAA certification process. In fact, you can’t.