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Category Archives: Investment Adviser Regulation

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Attention Retail Investors: The SEC Wants to Hear Your Views on the DOL’s Fiduciary Rule

Posted in Broker-Dealer Regulation, Investment Adviser Regulation

In connection with the Department of Labor’s (“DOL”) fiduciary rule (the “Fiduciary Rule”), key provisions of which became applicable on June 9, 2017, SEC Chair Jay Clayton issued a public statement seeking retail investors’ (and other interested parties’) views in advance of any “possible” future SEC action in the area. The Chair said that he… Read More

IFLR Webinar: Living with the DOL Fiduciary Rule

Posted in Broker-Dealer Regulation, Events, Investment Adviser Regulation

Wednesday, June 28, 2017 12:00 p.m. – 1:30 p.m. EDT The first phase of the Department of Labor’s (“DOL”) new fiduciary rule (“Fiduciary Rule”) was implemented on June 9, 2017. The Fiduciary Rule greatly expands the categories of persons who are deemed fiduciaries when dealing with retail retirement investors.  Many investment professionals will now be… Read More

U.S. Treasury Department Report on Core Principles for Regulating the United States Financial System

Posted in Broker-Dealer Regulation, Enforcement, Investment Adviser Regulation

As required by the President’s Executive Order 13772 setting forth the core principles that should be taken into account in connection with the regulation of the U.S. financial system, the U.S. Treasury Department published a report identifying regulations inconsistent with the seven principles articulated in the order. The report is the first of series of… Read More

Complimentary Teleconference – Keeping up with Regulatory Developments Affecting Social Media Use

Posted in Events, Investment Adviser Regulation

Thursday, June 15, 2017 12:00 p.m. – 1:00 p.m. EDT This session will focus on the considerations for issuers, broker-dealers, registered investment advisers, and commodity pools in using social media, whether for corporate communications or in the context of securities offerings. Topics of discussion will include: Reg FD and other liability concerns; FINRA guidance on… Read More

Implementing the DOL Fiduciary Rule

Posted in Broker-Dealer Regulation, Investment Adviser Regulation

Background On June 9, 2017, key provisions of the fiduciary rule adopted by the Department of Labor (DOL) will become applicable for most broker-dealers, as well as many bankers, insurance agents, and others who make investment recommendations to retail retirement investors (the “Fiduciary Rule”).  As discussed below, only a portion of the Fiduciary Rule and… Read More

Living with the DOL Fiduciary Rule: Be Prepared for the June 9 Implementation Date

Posted in Broker-Dealer Regulation, Investment Adviser Regulation

The first phase of the Department of Labor’s (“DOL”) new fiduciary rule (“Fiduciary Rule”) is scheduled to be implemented on June 9, 2017.  The Fiduciary Rule greatly expands the categories of persons who are deemed fiduciaries when dealing with retail retirement investors.  It was adopted by the DOL in April 2016 together with new prohibited… Read More

Presidential Actions on Regulatory Rollback: The Order of the Orders

Posted in Broker-Dealer Regulation, Investment Adviser Regulation

Since his inauguration on January 20, 2017, President Trump has issued a number of presidential orders and memoranda relating to the reduction of regulation.  Among these include the “two-fer” order, a memorandum to the Department of Labor relating to the delay of its Fiduciary Duty Rule and an order to identify and reduce tax regulatory… Read More

Is it Time to Streamline Financial Regulation?

Posted in Broker-Dealer Regulation, Fund Regulation, Investment Adviser Regulation

A March 13, 2017 presidential order requiring a comprehensive plan to reorganize the executive branch could be the first step toward streamlining the financial regulatory structure. The Executive Order requires the Director of the Office of Management and Budget to propose a plan within a year to reorganize government functions and eliminate unnecessary agencies, agency… Read More

SEC Staff Discusses Investment Company Reporting Modernization and Asset Management Industry Trends at SEC Speaks in 2017 Conference

Posted in Fund Regulation, Investment Adviser Regulation

On February 24, 2017, the U.S. Securities and Exchange Commission’s Division of Investment Management (the “Staff”) participated in a panel at the Practising Law Institute’s SEC Speaks in 2017 conference.  As part of the discussion, the Staff provided an update on the current initiatives relating to investment companies, as well as the Staff’s priorities for… Read More

SEC Staff Discusses Current Initiatives Related to Investment Advisers at SEC Speaks in 2017 Conference

Posted in Investment Adviser Regulation

On February 24, 2017, the U.S. Securities and Exchange Commission’s Division of Investment Management (the “Staff”) participated in a panel at the Practising Law Institute’s SEC Speaks in 2017 conference.  As part of the discussion, the Staff provided an update on the current initiatives relating to investment advisers, as well as the Staff’s priorities for… Read More

Personal Advice for Robo-Advisers: Beef Up Disclosure and Compliance

Posted in Investment Adviser Regulation

Robo-advisers, those automated bots that offer up personalized investment advice with little, if any, human contact, face increased regulatory scrutiny as they grow more popular. After monitoring and engaging them for several months, the SEC’s Division of Investment Management lent a personal touch in guidance published in February 2017, urging robo-advisers to improve risk disclosures and… Read More

SEC Grants Limited Relief from the Custody Rule for Advisers Relying on Clients’ Standing Letters of Instruction

Posted in Investment Adviser Regulation, SEC Enforcement

In a letter to the Investment Adviser Association (IAA), the Staff of the Division of Investment Management said that investment advisers acting pursuant to a standing letter of instruction or other similar asset transfer authorization (SLOA) established by a client with a qualified custodian would be deemed to have custody of client assets for purposes… Read More

One Step Forward, Two Steps Back?

Posted in Broker-Dealer Regulation, Fund Regulation, Investment Adviser Regulation

Market participants who are not enamored by the current state of federal securities regulation may have been heartened by the new administration’s January 30, 2017 “two for one” order.  The order contemplated that, for each new rule issued by an executive department or agency, two regulations would need to be identified for elimination. The order… Read More

SEC 2017 Exam Priorities: Key Takeaways

Posted in Broker-Dealer Regulation, Investment Adviser Regulation

Far from the White House and the halls of Congress, compliance officers are preparing their compliance plans for 2017. On everyone’s mind: What will the Trump administration’s commitment to deregulate mean for compliance priorities? The short answer is “not much,” at least for the near-future. To predict what’s in store for the immediate future, compliance… Read More

The Future of Investment Management Regulation: What to Expect in 2017

Posted in Broker-Dealer Regulation, Fund Regulation, Investment Adviser Regulation

In this fast-changing regulatory environment, the long-term consequences – both intended and unintended – of the recent White House remain uncertain, but looking into our crystal ball, we certain trends emerging.  These trends may lead to long-term shifts in how the Securities and Exchange Commission approaches regulation and enforcement, but, at least in the short-term,… Read More

OCIE Identifies Top Five Adviser Compliance Issues

Posted in Investment Adviser Regulation

In a new Risk Alert, OCIE’s National Exam Program provided investment advisers with insight into the five compliance topics most frequently identified in its exam deficiency letters.  Registered investment advisers should review their compliance policies and procedures to ensure they have adequately addressed these issues. OCIE also provided examples of the types of deficiencies they… Read More

President Trump Directs DOL to Review the Fiduciary Rule and Consider Modifications or Revocation

Posted in Broker-Dealer Regulation, Investment Adviser Regulation

On February 3, 2017, President Trump directed the Department of Labor (“DOL”) to review the fiduciary rule adopted in April 2016 (the “Fiduciary Duty Rule”) and consider whether the Fiduciary Duty Rule should be modified or rescinded.  The President’s order instructed the DOL to consider whether the Fiduciary Duty Rule would: Harm investors’ access to… Read More

Trump Signs Executive Orders on DOL Fiduciary Rule and Dodd-Frank

Posted in Broker-Dealer Regulation, Investment Adviser Regulation

On February 3, 2017, President Donald Trump signed an executive order to delay the implementation of the Department of Labor’s Fiduciary Rule.  President Trump also signed an executive order to roll back certain parts of the Dodd-Frank Act.  We will continue to monitor news relating to these executive orders and report developments on this blog…. Read More

Unintended Consequences of Financial Services Reform

Posted in Broker-Dealer Regulation, Events, Investment Adviser Regulation

Thursday, February 16, 2017 4:15 p.m. – 7:30 p.m. Thomson Reuters 3 Times Square New York, New York 10036 The Center for Financial Services at the College of Business and Economics at Lehigh University will present a panel discussion of the unintended consequences of financial reform in New York City on February 16, 2017. In… Read More

Enforcement Focus on Advisers’ “Cherry-Picking” Continues

Posted in Investment Adviser Regulation, SEC Enforcement

The SEC banned the managing member and chief compliance officer of a registered investment adviser from the securities industry for illegal “cherry-picking” investments among the adviser’s managed accounts.  The SEC staff uncovered the trades through data analysis used to detect suspicious trading patterns. The SEC filed a complaint in federal district court in the District… Read More

Uncertain Seas: European Financial and Regulatory Developments into 2017

Posted in Broker-Dealer Regulation, Fund Regulation, Investment Adviser Regulation

“There are greater storms in politics than you will ever find at sea. Piracy, broadsides, blood on the decks. You will find them all in politics.”  —David Lloyd George, British Prime Minister, 1916-1922 “The greater the difficulty the more glory in surmounting it. Skillful pilots gain their reputation from storms and tempests” —Epictetus Lloyd George… Read More