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NASAA Report on BD Compliance With Reg BI: Finds Progress, but Specifies Work To Be Done

A September report of the North American Securities Administrators Association (NASAA) on broker-dealer compliance with the SEC’s Regulation Best Interest (Reg BI) finds...more

SEC Publishes Fund Compliance Shortfalls

The SEC’s Division of Examinations has released a risk alert warning of compliance “risks and issues” of mutual funds (including ETFs) and their advisers....more

SEC Takes ESG Disclosure Plunge: An Ocean of Issues Swirls

It comes as no surprise that the SEC has placed environmental, social, and governance matters on its regulatory calendar, even though the SEC says it’s doing so for the “first time.”...more

Great-West Wins 36(b) Fee Case

Great-West Life & Annuity Insurance Co. and Great-West Capital Management, LLC (together, “Great-West”) have won a judgment that they did not violate their fiduciary duty by receiving excessive investment advisory and...more

SEC Still Cool With Virtual Fund Board Meetings

Mutual fund boards of directors need not meet in person to approve investment advisory contracts, Rule 12b-1 plans, or independent public accountants through December 31. ...more

New SEC Regulation Defines ‘Best Interest’ Flexibly

Each Broker-Dealer Can Help Shape Concept Appropriately to Its Business - The SEC’s new Regulation Best Interest (Reg BI) requires broker-dealers to: - Disclose business practices in dealing with retail customers;...more

Court Upholds SEC on “Backtested” Investment Strategy Illustrations

An investment adviser seeking to show how a particular investment strategy would have performed during specified time periods would be well advised to: use only historical performance data and not a mix of historical...more

SEC Staff Ready to Recommend Variable Annuity Summary Prospectus

William Kotapish, an Assistant Director in the SEC’s Division of Investment Management, recently stated that the SEC staff is prepared to recommend that the Commission adopt rules and forms authorizing a variable annuity...more

Supreme Court Protects Whistleblowing Employees of Mutual Fund Adviser

Whistleblowing law continues to develop, with a recent U.S. Supreme Court decision holding that, despite ambiguous statutory language, the Sarbanes-Oxley Act of 2002 protects employees of private companies serving as...more

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