Creating a Robust Compliance Program
The Compliance Program
Are You a Level Fee Fiduciary?
The Department of Labor’s (“DOL’s”) Conflicts of Interest rule (“the DOL Rule”),[1] and its broad applications, will inevitably impact a wide range of retirement investors and most financial services firms that deal directly with investors. As the DOL Rule will materially … Read More
Compliance Year-End Preparation Checklist
The end of 2016 is fast approaching and the financial services industry has been hit this year with some very important and complicated new regulations, such as the Department of Labor’s Conflicts of Interest Rule (“DOL Rule”) and the Securities … Read More
Form ADV | Investment Adviser | Risk Management Updates (RMU) | Securities and Exchange Commission (SEC)
SEC Releases Amendments to Form ADV and Other Investment Adviser Act Rules
In a press release dated August 25, 2016,1 the Securities and Exchange Commission (“SEC”) announced their issuance of a final rule, which amends Form ADV (Uniform Application for Investment Adviser Registration), along with five other rules under the Investment Advisers … Read More
Pitfalls of Performance Advertising by Investment Advisers
In this age of technology, advertising and marketing by investment advisers can be very economical and the venues numerous. Advisers utilize websites, social media, blogs and blast messages as their main distribution channels and all of these mediums have far … Read More
SEC Proposed Business Continuity & Transition Plan Rule: More than Just Disaster Recovery Planning
On June 28, 2016, the Securities and Exchange Commission (“SEC”) issued a proposal requiring SEC registered investment advisers to implement a written business continuity and transition plan (“BCTP”).1 In the corresponding press release,2 the SEC stated that the purpose of the … Read More
The DOL Conflicts of Interest Rule and How it May Affect You (Part 2)
Who is an ERISA Fiduciary?
Enhancing Annual Reviews – Practical Considerations for Investment Advisers and Investment Companies
It’s been over a decade since the Securities and Exchange Commission (“SEC”) adopted Rule 206(4)-7 under the Investment Advisers Act of 1940, and Rule 38a-1 under the Investment Company Act of 1940. Despite the passage of time, Rule 206(4)-7 and … Read More
The DOL Conflicts of Interest Rule and How it May Affect You (Part 1)
The final adopting release of the Department of Labor’s (“DOL”) Conflicts of Interest rule (the “Rule”),1 along with the separate releases of two new and four amended prohibited transaction exemptions (“PTE”) are now published in the Federal Register as of April … Read More
2016 Solutions for Compliance Professionals
In January, the Securities and Exchange Commission’s (“SEC’s”) Office of Compliance Inspections and Examinations (“OCIE”) issued their annual examination priorities update, which is focused on the highest perceived risks to investors and the U.S. capital markets for the coming year.1 … Read More