Core Compliance Blog

As discussed in a prior CCLS blog posting, the U.S. Department of Labor ("DOL") recently proposed significant amendments to the definition of "fiduciary" under the Employee Retirement Income Security Act of 1974 ("ERISA"). Due to the considerable attention and comments the proposed rule has...

The new Form ADV Part 2, which requires investment advisers to provide significant additional information about the firm and its supervised persons than was required by previous versions of the form, was adopted on July 28, 2010. The revised Form includes Part 2A “firm brochure” (covering the...

As 2010 comes to an end, firms should be aware of several important considerations with regard to their compliance programs. Investment advisers with a fiscal year end of December 31 must file annual updates to Form ADV no later than March 31, 2011. In addition to updating the information contained...

As mentioned in last week’s post, the SEC on November 19, 2010 released proposed rules and rule amendments implementing various provisions of Title IV of the Dodd-Frank Act. The first release includes proposed amendments to various rules and forms in order to implement amendments to the Investment...

On November 19, 2010, the SEC released two separate but related releases proposing new rules and rule amendments governing the registration of investment advisers with the SEC (and exemptions therefrom) to give effect to provisions of Title IV of the Dodd-Frank Act. The first release includes...

On Thursday, November 18, 2010, Zac Rosenberg, CCLS Consultant, had the opportunity to participate in the SEC’s 29^th Annual Small Business Forum on Capital Formation. The event is designed to give members of the small business community and their advocates the opportunity to provide input and...

The Department of Labor has published a proposed rule that would amend the definition of "fiduciary" and would significantly expand the categories of persons who would be deemed to be fiduciaries subject to the Employee Retirement Income Security Act of 1974 (“ERISA”).

Under Rule 206(4)-2 of the Advisers Act (the “Custody Rule”), investment advisers to one or more private funds are deemed to have custody of the assets in the fund, and accordingly must implement certain procedures designed to protect those assets from loss, misuse or misappropriation. Under the...

On October 20, 2010, long-awaited Department of Labor (DOL) rules were released in their final form.  The new rules require plan fiduciaries, specifically the companies sponsoring 401(k) plans, to make detailed disclosures to plan participants. The rule officially takes effect December 20, 2010;...

Currently, many “family offices” have been structured to take advantage of the exemption from registration under section 203(b)(3) of the Investment Advisers Act for any adviser that during the course of the preceding 12 months had fewer than 15 clients and neither held itself out to the public as...