We provide every client with a tailored program, customized to fit their needs.

Solution: When the SEC walks in the door, your firm should be able to provide an up-to-date compliance manual that reflects actual processes used, a Form ADV that accurately reflects your business practices and addresses conflicts of interest, and a compliance program with records of current testing and monitoring. We can help you prepare by doing a deep dive into your business and compliance process, and provide constructive advice on how to improve your compliance program. We start by reviewing your compliance manual, pointing out potential gaps, and helping you develop policies and procedures to address your regulatory requirements and reflect your current practices. We’ll work with you to develop a compliance risk assessment, so you can prioritize areas with weak controls. And we’ll develop a calendar to keep on track with testing and monitoring

Solution: Handling an SEC examination can be intimidating. We can help you navigate through the process by working directly with the regulators and helping you respond to their document requests and questions. We will review your responses and let you know where you may have weak spots and how to deal with them. We can prepare firm employees and management on how to handle an SEC interview. Having been through many SEC exams, our consultants can also advise you on strategies and potential outcomes, so you can confidently deal with SEC staff.

Solution: We can help. We will review your current manual to determine whether it addresses the most recent regulations and industry best practices. We will then provide you with practical advice on how to update your policies and procedures. Our goal is not to reinvent the wheel – so if you are already doing the right thing we help you develop the documentation to prove it.

Solution: Monitoring and testing of compliance policies and procedures in a timely manner is an essential part of your compliance program. When you fall behind, you can miss issues that may indicate a pattern of wrongdoing or a weakness in your controls. Our consultants can step in and support you. We will set up a calendar, and work with your firm to gather the data and perform the required testing and monitoring throughout the year. We use a comprehensive technology platform to set up a customized compliance program for your firm to capture the results of testing and monitoring. Our program will allow you to quickly produce easy-to-read reports for use with management and the SEC.

Solution: Setting up a compliance program that meets regulatory requirements and allows you to run your business efficiently takes knowledge and experience. Our compliance consultants have the expertise to set up a compliance program for your firm and perform the required testing and monitoring so you can focus on your business. We take the time to really understand your business and operations so your program is tailored to your firm’s business – everything you need and nothing you don’t. We will work with you proactively, so when you want to offer a new service or enter a new market, we can provide constructive advice so you can confidently expand your business.

Solution: Getting answers quickly is important. When you engage our firm, we assign a team of consultants to support you. So there is always someone you can count on to discuss your concerns. Because of the breadth of our experience and client base, we are able to provide you with constructive advice to solve your problem. We don’t tend to have a lot of turnover, so you don’t have to waste time explaining your business model to a new consultant every six months.

Solution: Even experienced compliance professionals can use some help and advice. Being able to pick up the phone or shoot an email to an experienced professional can save you time and effort in solving issues where there is no clear answer. Our consultants are available to provide advice on an ad hoc basis at rates which are generally lower than most attorneys charge. With our diverse client base, chances are we’ve already faced a similar situation and come up with a range of solutions. Some of our service packages include an unlimited amount of consulting, so you can talk through issues without worrying about incurring further costs.

Solution: Finding the CCO who is the right fit for your organization can take time. While you conduct your search, we can provide you with an experienced interim CCO backed by a team of consultants to keep your compliance program running smoothly. We will make sure compliance testing and monitoring is completed in a timely manner. Our managing members and senior compliance consultants include securities attorneys and former CCOs, so you can feel comfortable that we will handle your compliance issues efficiently and effectively.

Solution: The answer is yes even though you are not registered with the SEC, your firm is still subject to examination and is required to have a compliance program. We have a number of clients in the same situation, and can quickly provide you advice on your regulatory obligations and suggest ways to fulfill them.

Solution: A mock SEC exam is a useful tool to predict your firm’s ability to handle a routine examination. But it can be an expensive and time-consuming process. We have developed an “SEC Readiness Exam” that can gauge your firm’s readiness efficiently and cost effectively. We review your firm’s lines of business, operations and existing compliance program and tailor a review process to focus on areas where your firm may be vulnerable. We’ve been through many SEC exams and can advise your firm on potential weaknesses, based on our most recent experiences with the SEC staff and your business model. We will work with your CCO in performing an assessment of your firm’s readiness for a routine examination by the SEC. This assessment includes:

• Review of the books and records required under Rule 204-2 of the Investment Advisers Act of 1940, and Rule 31a-2 of the Investment Company Act;.
• An on-site visit of the firm to inspect the firm’s business operations and required books and records (with an expected time frame of 1-2 days);
• Interviews of firm personnel to assess their knowledge and ability to discuss with regulators the requirements of the Advisers Act, the firm’s compliance program, and SEC requirements.
• We will provide a written report detailing our assessment of your readiness for an SEC exam, with recommendations for areas needing improvement.

Solution: The amount of information available about new regulations and changes in the law can be daunting. Law firms, consultants, regulators, industry organizations, bloggers, and the news media are constantly churning out articles discussing the next big thing. Much of the content is focused on what the regulators say, with very little discussion about what it means for your firm. We know our clients and what their concerns are.

So when we send out regulatory updates, article and blog posts in our Compliance Informer®, we pare the information down to its essentials and provide practical advice. Our goal is to provide relevant and succinct information that you can use, not to fill up your inbox with daily updates that have nothing to do with your business. When you engage our services, we’ll make sure that your receive our regulatory updates and blog posts, as well as providing new policies and procedures to comply with any newly enacted securities laws affecting your firm.

Solution: A Chief Compliance Officer is responsible for the administration of a firm’s regulatory compliance program. This position carries with it a lot of responsibility and personal liability. The best way to protect yourself and your firm is to develop a compliance program that is reasonably designed to prevent, detect and address violations of securities law and your firm’s policies and procedures. We can help you create and maintain that program. We’ve developed the Compliance Navigator®, a program that addresses regulatory compliance aspects of the Investment Advisers Act of 1940 and Rule 206(4)-7, as well as industry best practices.

We will work with you to create a customized compliance program for your firm, along with a calendar designed to track the Firm’s monthly, quarterly and annual compliance testing. We will help you develop testing and documentation for the compliance tasks, based upon the customized compliance calendar. We will also be available to answer your questions and concerns.

If you have a compliance manual, we will perform a “gap” analysis, where we will compare your policies and procedures to current regulations and industry best practices. We’ll then help you fill any gaps by drafting policies and procedures tailored to your firm. And if you don’t have a compliance manual, we’ll help you draft it. Our services also include the development of a comprehensive risk assessment designed to identify and establish appropriate control measures. We will also visit your firm periodically to perform testing and provide assistance with firm compliance training.

When there are updates to the rules and regulations, we will revise or draft new policies and procedures, as appropriate. We’ll also let you know about important regulatory developments through our Compliance Informer® as well as periodic podcasts and blog postings.

Solution: Deciphering an SEC “deficiency letter” can be a daunting task. Although the SEC staff will take a lot of time pointing out potential rule violations or inadequate policies and procedures, they typically do not provide any guidance on how to fix the issues. That’s where we can step in and help you out. Our consultants understand “SEC speak” and know what the SEC is looking for. We will help you develop a response to address the regulator’s concerns that works for your firm. And if we think the SEC is overreaching, we’ll let you know that too and suggest strategies for dealing with unreasonable requests.

Solution: Performing an annual review of your firm’s compliance program is a regulatory requirement under Rule 206(4)-7 of the Advisers Act, but the SEC has issued very few guidelines as to what that report should cover. Over the years, we’ve developed a review process and format for writing the report that covers the bases. We will work with your CCO to review your compliance program, testing and monitoring results, your business practices, and compliance issues that have surfaced throughout the year. We can help you write a comprehensive report to meet your obligations under Rule 206(4)-7.

Solution: Developing and administering a compliance program requires organization. Over the past 10+ years, Hardin has created a comprehensive set of tasks that investment advisers and broker-dealers are required to perform to meet their regulatory requirements that we call Compliance Navigator®. We use this template as a starting point to help your CCO develop a compliance program specifically tailored to your firm’s business model. This program will include a customized compliance testing calendar. Our consultants will keep you on track by sending you reminders on a monthly basis of the tasks that you need to perform. We’ll also let you know about important regulatory developments through our Compliance Informer® as well as periodic podcasts and blog posts. You can also call or email our compliance consultants to ask questions and get ideas about how to deal with compliance issues.

Solution: Review of advertising and marketing materials is time-consuming. Additionally, it’s an area highly scrutinized by regulators, so it’s important to get it right. Our consultants have reviewed hundreds of marketing pieces and are well-versed in the SEC’s advertising rules and interpretations. So we can review advertising pieces and provide comments and suggestions quickly, in many cases on the same day.

Solution: Compliance with the Investment Company Act of 1940 adds an extra layer of complexity to your compliance program. Our consultants work with many mutual fund companies and have helped investment advisers meet their additional reporting and compliance obligations. We can help educate you on your new responsibilities and provide you with forms and templates so you can fulfill your new obligations.

Solution: At Hardin, we want to make sure you get the level of service you need. We can help firms that want to register as an investment adviser and set up an initial compliance program, or firms that have been in business for years and just need advice now and then. Our basic level includes assistance in creating a customized compliance program that meets the requirements of Investment Advisers Act Rule 206(4)-7, providing monthly compliance testing reminders based on that program, communication of regulatory updates and alerts with our Compliance Informer®, and ongoing consulting.

For firms that want to meet their regulatory obligations but don’t have the staff or in-house expertise, we offer our Signature level compliance support services, where we create a customized compliance program using our Compliance Navigator®, perform testing and monitoring of agreed-upon compliance tasks, prepare regulatory filings, provide unlimited consulting and draft the report on the annual review of the firm’s compliance program. This service also includes a review of your firm’s existing compliance manual and program to determine whether there are any gaps, development of a comprehensive risk assessment to analyze whether all significant regulatory issues are being addressed, and preparation of a customized compliance calendar to test your policies and procedures.

We also provide an Executive level of compliance support services, where a Hardin consultant serves as your firm’s Chief Compliance Officer. This level of service includes the same services provided at the Signature level, and Hardin takes on the responsibility and liability associated with serving as Chief Compliance Officer.

We can also provide assistance on other compliance related projects, such as a review of the compliance manual, consulting on best execution, assistance with complying with SEC settlement orders, on a flat fee or hourly basis. Just give us a call at 1.724.935.6770 and we’ll discuss what you need and come up with a proposal that best suits your firm and budget.

Solution: Determining your cybersecurity risk is complex. We’ve developed a process that helps you assess your risk, starting with an inventory of hardware, software and connections used by your firm. Then we help you identify sensitive data and assess the strength of the controls restricting access. We look at your current policies and procedures to determine their effectiveness, and provide you with a cybersecurity risk assessment. This document will help you focus on any potential gaps in your cybersecurity environment. Finally, we help update and implement additional policies and procedures as applicable.

Solution: Compliance with regulatory requirements often requires more than just knowing the regulations. Our compliance consultants have worked with retail advisers, hedge fund managers, mutual fund companies, private equity firms and broker dealers, and have a proven process for setting up compliance programs that meet regulatory requirements and stand up to scrutiny by the SEC and FINRA. We can set up your program and provide you with a compliance calendar that tells you what you need to do and when you need to do it. We can even run your compliance program for you for less than you would have to pay to hire a full-time, experienced compliance professional.

Solution: Not all investment advisers need to be registered with the SEC. We will walk you through the analysis and help you decide what makes the most sense for your firm. We’ve helped many advisers through the registration process at both the state and federal levels, and can get your firm up and running quickly and cost effectively.