Broker Dealer Regulation | Conflicts of Interest | ERISA | ESG | FINRA Rule Changes | Investment Adviser Regulation | Private Funds | Regulatory Deadlines | SEC Rule changes

DOL Brings Back Impartial Conduct Standards in FAQs, SEC Weighs in on ESG Investing, and FINRA Makes it Even Harder to Hire Reps with Black Marks: Regulatory Update for May 2021

Bringing Back BICE. The Department of Labor (DOL)  issued some Frequently Asked Questions on its new Prohibited Transaction Exemption 2020-02 (“PTE 2020-02”).  First, the bad news.  The DOL is sticking…

Broker-Dealers | cryptocurrency | cybersecurity | FINRA Rule Changes | Investment Advisers | Mutual Funds | SEC Rule changes

Regulatory Spring Cleaning! SEC Publishes Marketing Rule FAQ and 2021 Examination Priorities, and EXAMS Risk Alert Tackles Bitcoin and Other Digital Assets: Regulatory Update for April 2021

Risk Alert – Division of Examinations’ Continued Focus on Digital Asset Securities. The popularity of Bitcoin and other cryptocurrencies grew exponentially in 2020, while financial regulators struggled to get up…

Broker Dealer Regulation | CFTC | Conflicts of Interest | ERISA | FINRA Rule Changes | Investment Adviser Regulation | Mutual Fund Regulation | Private Funds | Regulatory Deadlines | SEC Rule changes

DOL Fiduciary Rule Rises Again, Regulatory Freeze Continues, March Madness – NCAA Players Scammed: Regulatory Update for March 2021

Not Quite Dead Yet – DOL’s Fiduciary Rule Rises Again! On December 18, 2020, the Department of Labor (DOL) adopted Prohibited Transaction Exemption 2020-02 (“PTE 2020-02”), subjecting 401(k) rollover subject…

Best Execution | Broker Dealer Regulation | CFTC | Conflicts of Interest | FINRA Rule Changes | Form ADV | Investment Adviser Regulation | Mutual Funds | Private Funds | Regulatory Deadlines | SEC Rule changes

ADV Season is Here; Hardin Releases 2021 Compliance Resources for Brokers and RIAs; Don’t Forget Your CPO Annual Affirmations; SEC Creates 5-Year “Sandbox” for BD Custody of Digital Assets: Regulatory Update for February 2021

Custody of Digital Asset Securities by Special Purpose Broker-Dealers. Just in time for Christmas, the SEC issued a Statement conveying its position that, for five years, a broker-dealer operating under…

Advertising and Marketing | Broker Dealer Regulation | ERISA | FINRA Rule Changes | Investment Adviser Regulation | Mutual Fund Regulation | Private Funds | Regulation Best Interest | Regulatory Deadlines | SEC Rule changes

SEC (Finally) Modernizes Advertising and Solicitation Rules; NY Requires IAR Registration; DOL’s New Rule Eliminates ESG from Investment Decisions; SEC to Take Second Crack at Broker-Dealer Reg BI Compliance: Regulatory Update for January 2021

At Long Last – SEC Modernizes the Advertising and Solicitation Rules!  Cramming it in just before the end of 2020, the SEC adopted a new rule to replace the existing…

Broker Dealer Regulation | Chief Compliance Officer | FINRA Rule Changes | Form CRS | Hedge Funds | Investment Adviser Regulation | Mutual Fund Regulation | Private Funds | Regulation Best Interest | Regulatory Deadlines | SEC Rule changes

Form CRS Roundtable Take-aways, Commissioner Peirce Talks Turkey on CCO Liability, New Executive Order Prohibits Investments Related to Chinese Military, OCIE Cites Top Compliance Program Failures and Risks of Branch Offices: Regulatory Update for December 2020

What We Learned from the Regulation BI and Form CRS Roundtable. The recent joint SEC/FINRA Roundtable on Regulation Best Interest (“BI”) and Form CRS provides insight and guidance for firms…

Broker Dealer Regulation | CFTC | Conflicts of Interest | cybersecurity | FINRA Rule Changes | Form CRS | Investment Adviser Regulation | Private Funds | Regulation Best Interest | SEC News

COVID-19 Compliance Risks Continue, SEC Surveying Initial Form CRS Filings, Exempt CPOs: Your Attention is Needed, and Guidance for BDs on Customer Due Diligence: Regulatory Update for September 2020

Select COVID-19 Compliance Risks and Considerations for Broker-Dealers and Investment Advisers.  Although it may seem like a note from Captain Obvious, SEC’s Office of Compliance Inspections and Examinations (OCIE) sent…

Advertising and Marketing | Broker Dealer Regulation | Conflicts of Interest | cybersecurity | FINRA Rule Changes | Investment Adviser Regulation | Mutual Fund Regulation | Private Funds | Regulatory Deadlines | SEC News | Seniors and Vulnerable Investors

Ransomware Attacks! SEC Creates New Hoops for Advisers with Automated Proxy Voting; and Private Fund Conflicts Still Under the Microscope: Regulatory Update for August 2020

RANSOMWARE ATTACKS! Is Your Firm Ready?  OCIE issued a risk alert warning investment advisers, broker dealers, and investment companies that increasingly sophisticated ransomware attacks are being carried out on many…

Advertising and Marketing | CFTC | FINRA Rule Changes | Investment Adviser Regulation | Mutual Funds | Private Funds | SEC Rule changes

SEC Agrees to Broaden Exemptions to New Issue and Spinning Rules; Comment Now on SEC Advertising and Cash Solicitation Rule Changes; CFTC Simplifies CPO/CTA Registration Exemptions; Actively-Managed ETFs Clear Regulatory Barrier: Regulatory Update for January 2020

SEC Approves Amendments to FINRA New Issue and Anti-Spinning Rules. See also: FINRA Amends Rules Regarding Initial Public Offerings.  Effective January 1, 2020, FINRA Rules 5130 and 5131 have been…

Conflicts of Interest | FINRA Rule Changes | Form ADV Disclosure | Investment Adviser Regulation | Mutual Funds | Regulation Best Interest | Regulatory Deadlines | TRACE

SEC’s Relentless Pursuit of Comp-Related Conflict Disclosures, RIA and BD Annual Renewals Come Due, FINRA Year in Review, New ETF Rule Eliminates Need for Exemptive Orders, Zero Commissions – What’s Next?: Regulatory Update for November 2019

Between a Rock and a Hard Place: SEC’s FAQs on Conflicts of Interest and Recent Settlements Set Bar Impossibly High for Advisers.  The SEC is going on the offensive, tackling…