Proposed Revisions to California’s Custody Rule
The California Department of Corporations (“DOC”) recently issued an invitation for comments regarding proposed amendments to the California investment adviser custody rule, which sets forth requirements for investment advisers with custody or possession of clients’ funds or securities. Investment adviser … Read More
SEC Raises Dollar Amount Thresholds for Charging Performance Fees
On July 12, 2011, the SEC issued an order that raises the thresholds for whether investment advisers can charge performance fees to clients. The order was mandated by the Dodd-Frank Act, which required the SEC to adjust these dollar amount … 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
What’s New in Form ADV?
Last week, in addition to adopting new investment adviser registration requirements and exemptions, the SEC adopted several revisions to Form ADV Part 1A that require advisers to provide more detailed information about private funds they advise, their advisory business (including … Read More
New Guidance on California’s RIA Placement Agent Registration Requirements
California’s new law requiring RIA placement agents to register as lobbyists has generated substantial interest throughout the investment management community. Pursuant to the legislation and the regulations adopted under it, certain placement agents and others seeking business from California’s CALPERS … Read More
Whistleblower Program Now Established
On May 25, 2011, the SEC adopted final rules establishing a whistleblower program pursuant to Section 922 of the Dodd-Frank Act. The final rules were approved by a narrow 3-2 vote by the five SEC commissioners, and are designed to … Read More
SEC Proposes to Disqualify Felons and Other “Bad Actors” From Rule 506 Offerings
Rule 506 under Regulation D, the most widely used exemption from the registration requirements of the Securities Act of 1933, permits issuers to offer and sell securities to an unlimited number of “accredited investors” and up to 35 non-accredited investors. … Read More