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OCIE Releases Risk Alert on Compliance Risks During COVID-19

On August 12, 2020, the Office of Compliance Inspections and Examinations issued a risk alert related to COVID-19 compliance risks (“Risk Alert”). The Risk Alert applies to both investment advisers and broker-dealers and...more

Fiduciary Rule 2.0: What You Need to Know About the DOL's New Fiduciary Rule

On June 29, 2020, the Department of Labor (“DOL”) announced1 its new approach to the standards for financial institutions and investment professionals who provide investment advice on a nondiscretionary basis to 401(k) plans,...more

The New York AG Estimates Rule Proposals Would Impact up to 14000 IARs 5500 Issuers

On April 15, 2020, the Investor Protection Bureau of the New York Department of Law (a division of the attorney general’s office) (the “Bureau”) published proposed amendments to regulations governing state-registered...more

Recent Enforcement Action Provides Helpful Guidance in Several Areas for Advisers to Private Funds

In April and May 2020, the Securities and Exchange Commission (the “Commission”) entered a series of settled Orders assessing fines, instituting a bar, and ordering remedial action against registered investment advisers...more

SEC Issues Guidance for Investment Advisory Firms That Accepted PPP Loans

Many registered investment advisers (“RIAs”) have obtained loans guaranteed by the U.S. Small Business Administration (SBA) under the Paycheck Protection Program (“PPP”). Applicants for PPP loans were required to make certain...more

OCIE Issues Risk Alerts Previewing Initial Exams' Focus on Compliance with Reg BI, Form CRS

On April 7, 2020, the SEC's Office of Compliance Inspections and Examinations ("OCIE") issued two risk alerts regarding the expected scope and content of initial examinations for compliance with Form CRS and Regulation Best...more

Iowa Proposes State-Specific Best Interest Rules for Insurance and Securities Businesses

UPDATED: MAY 12, 2020: Yesterday, Iowa adopted its proposed regulation requiring annuity agents to act in the best interest of consumers, but delayed adoption (or revision, withdrawal) of the companion securities rules. The...more

SEC Temporarily Permits Affiliated Purchases of Debt Securities From Mutual Funds

Section 17(a) of the Investment Company Act of 1940, as amended (the “40 Act”) prohibits certain transactions between an investment company and their affiliated persons, including transactions where an affiliated person...more

Massachusetts Adopts Amendments to its Fiduciary Rule Part II The Massachusetts Fiduciary Rule and Reg BI

On February 21, 2020, the Massachusetts Securities Division (the “MSD”) announced the finalization of its fiduciary rule. Part I summarized the evolution of Massachusetts Fiduciary Rule (“Fiduciary Rule”) and the...more

Massachusetts Finalizes its Fiduciary Rule Part I

On February 21, 2020, the Massachusetts Securities Division (the “Securities Division”) announced the finalization of its Fiduciary Rule. This Part I summarizes the evolution of the Massachusetts Fiduciary Rule and the...more

SEC Releases FAQ on RIA Revenue Sharing 12b1 and Other Compensation Disclosures

Last Friday, the staff of the SEC Division of Investment Management (the “Staff”) released an FAQ on disclosures of conflicts related to investment adviser compensation (the “FAQ”). The FAQ specifically focused on...more

New Jersey Releases Proposed Fiduciary Rule for Broker-Dealers and Investment Advisers

On Monday, April 15, the New Jersey Bureau of Securities (“NJBS”) released its long-awaited proposed fiduciary rule (the “Proposed Rule”) for broker-dealers (“BDs”) and investment advisers (“IAs”).1 Key points from the Rule...more

SEC Loosens In Person Voting Requirements for Mutual Fund and other Registered Investment Company

As just about everyone who operates in the mutual fund, closed-end fund or exchange-traded fund (ETF) industries knows, the Investment Company Act of 1940, as amended (the “1940 Act”), requires certain key registered...more

New Jersey Releases Fiduciary Rule for Broker Dealers Investment Advisers

New Jersey released its long-awaited proposed fiduciary rule (the “Fiduciary Rule”) for broker-dealers and investment advisers. The 60-day comment period for the Fiduciary Rule began today, and will end on June 14, 2019....more

FINRA Issues Guidance Re Customer Communications on Departing Registered Reps

Last week FINRA issued guidance (Regulatory Notice 19-10) with respect to communications with customers about registered representatives (“RRs”) who have left a broker-dealer (the “Notice”). With increased frequency, RRs...more

SEC Releases Cryptocurrency and Digital Asset Guidance

The SEC published guidance with respect to cryptocurrencies, digital tokens, and similar investments (each a “digital asset”) that is designed to help issuers and others determine whether the applicable digital asset is a...more

Clarifying the Single Issuer Exemption for Broker-Dealers

On September 20th, the SEC released a proposed rule amending Rule 17a-5 of the Securities Exchange Act of 1934, as amended (“Exchange Act”). Under Rule 17a-5(d)(1)(i)(C) of the Exchange Act, broker-dealers registered with the...more

Clarifying the Single Issuer Exemption for Broker-Dealers

On September 20th, the SEC released a proposed rule amending Rule 17a-5 of the Securities Exchange Act of 1934, as amended (“Exchange Act”).[1] Under Rule 17a-5(d)(1)(i)(C) of the Exchange Act, broker-dealers registered with...more

OCIE Risk Alert Highlights Adviser Best Execution Deficiencies

Investment advisers, as fiduciaries, have an obligation to seek “best execution” of client transactions when selecting broker-dealers and executing client trades. This duty to seek “best execution” does not simply mean...more

Truly RIA-Friendly Broker-Dealers on the Horizon?

FINRA recently proposed a rule (the “Proposed Rule”) addressing FINRA-registered broker-dealer’s (“Broker-Dealers”) responsibilities to supervise the outside business activities of their registered representatives...more

OCIE Issues Risk Alert Regarding Adviser Fees and Expenses

On April 18, 2018, the Office of Compliance Inspections and Examinations (the “OCIE”) released a Risk Alert on the most frequent compliance issues relating to advisory fees and expenses. As a general matter, the OCIE...more

SEC Proposes Amendment to Liquidity Rule

On March 14, 2018, the SEC proposed an amendment to the Liquidity Rule. As adopted, the Liquidity Rule requires open-end investment companies to establish a written liquidity risk management program. As part of this program...more

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