Inadequate Compliance Programs Could Lead to Enforcement Actions & Penalties
In a recent press release, the SEC announced three enforcement actions against firms for failing to meet their obligations under Rule 206(4)-7 of the Advisers Act, commonly referred to as the “Compliance Program Rule.” Rule 206(4)-7 requires firms to (i) … Read More
Record-Setting Year for SEC Enforcement Actions
On November 9, 2011, the SEC issued a press release announcing that the SEC filed a total of 735 enforcement actions in its fiscal year ending September 30, the most ever in a single year in SEC history. More than … Read More
The Importance of Having a Mock SEC Exam
The Securities and Exchange Commission’s (SEC) Office of Compliance and Examinations (OCIE) has recently released its 2020 Examination Priorities. As expected, the SEC has significantly expanded its regulatory examination program and continues to make efforts to strengthen its risk-based approach … Read More
Is Your Hedge Fund Too Successful for the SEC?
As part of the SEC’s attempt to increase the effectiveness of its enforcement program, the SEC has undergone a complete reorganization of the Division of Enforcement, which has resulted in more enforcement actions, including some which have been highly publicized. … Read More
Government Shutdown Could Freeze Investigations and Enforcement Actions by SEC and Other Federal Regulators
Although the SEC would maintain some functionality in the event of a government shutdown, the majority of its activities, including inspections and examinations of registered investment advisers and broker-dealers would and ongoing enforcement actions would be discontinued until after a … Read More
SEC Study on Enhancing Investment Adviser Examinations Includes Possible Creation of SRO for Advisers
On January 19, 2011, the SEC submitted to Congress the much-anticipated Study on Enhancing Investment Adviser Examinations, as required by Section 914 of the Dodd-Frank Act. The Study gives Congress three options for improving the SEC’s examination program to address … Read More