The Importance of Effectively Monitoring Gifts & Entertainment – Part 3: Pay-To-Play
Another rule that firms must be mindful of in monitoring is the SEC’s, Pay-to-Play Rule. The Rule is designed to prevent investment advisers (IAs) from obtaining governmental business, through direct or indirect campaign contributions made by certain high-level employees to … Read More
The Importance of Effectively Monitoring Gifts and Entertainment – Part 1: ERISA
Gifts and entertainment can establish goodwill between securities professionals and their clients. However, some gifts and entertainment benefits can be too frequent or so excessive as to give rise to an appearance of improper influence. To prevent improprieties, governmental agencies … Read More
FINRA Drops Bid to be SRO for Registered Investment Advisors, For Now
Over the last couple of years, FINRA has spent nearly $5 million lobbying to become the primary regulator for registered investment advisers (“RIA”). However, Richard G. Ketchum chief executive of FINRA has stated that FINRA will no longer aggressively seek … Read More
FINRA Issues Exam Priorities for 2013
On January 11, 2013, the Financial Industry Regulatory Authority (FINRA) released its exam priorities list that it will focus on during its routine examinations this year. As investors continue to seek attractive returns, FINRA highlighted its intent to focus on … Read More
FINRA Considering Rule for Bonus Disclosure
The Financial Industry Regulatory Authority Inc. (“FINRA”) Board of Governors voted to propose a rule during the December board meeting that would require brokers to disclose their recruitment incentives to customers. The suggestion is obviously getting a sharp reaction from … Read More
Will You Need to Register as a “CTA” in the New Year?
On February 9, 2012, the Commodity Futures Trading Commission (“CFTC”) issued “Final Rules” rescinding or amending certain exclusions and exemptions to registration as a commodity trading advisor (“CTA”); as well as expanding the definition of who is a CTA. Some … Read More
Upcoming U.S. Supreme Court Hearing on Statute of Limitations to Have Broad Ramifications
The U.S. Supreme Court recently decided to take up the case of SEC vs. Marc Gabelli and Bruce Alpert. At issue, in this case, is whether the SEC’s five-year statute of limitations to bring civil enforcement actions (cases where the … Read More