Lloyd S. Harmetz

Lloyd S. Harmetz

Morrison & Foerster LLP

Contact  |  View Bio  |  RSS

Latest Posts › SEC

Share:

Structured Thoughts: News for the financial services community, Volume 7, Issue 11

Structured Products Legal and Regulatory Conference: November 2016 - In November 2016, Morrison & Foerster LLP sponsored Risk magazine’s annual structured products legal and regulatory conference in Washington, D.C. ...more

11/18/2016 - Cross-Selling DOL ETNs Fiduciary Rule FINRA International Regulatory Standards Nasdaq Packaged Retail And Insurance-Based Investment Products (PRIIPS) SEC Structured Financial Products

FINRA Proposes Rules to Protect Seniors from Financial Exploitation

In October 2016, FINRA filed with the SEC proposed rules designed to help brokers protect seniors and other vulnerable adults from financial exploitation. The proposal would amend existing customer account information rules...more

10/26/2016 - Broker-Dealer Brokers Exploitation FINRA Proposed Rules Safe Harbors SEC

Structured Thoughts: News for the financial services community, Volume 7, Issue 10

FINRA Revises its Proposed Amendments to Rule 2210 - In our recent Client Alert, we wrote about the Financial Industry Regulatory Authority, Inc.’s proposed changes to Rule 2210, Communications with the Public. One of...more

10/6/2016 - Administrative Proceedings Broker-Dealer Enforcement Actions Exchange-Traded Products FINRA Mortgage REITS NASAA Proposed Amendments Rule 2210 SEC

Structured Thoughts: News for the financial services community, Volume 7, Issue 9

Updating Unregistered Structured Note Programs: How Frequently? - For some types of securities offering programs, we have “black letter law” that instructs issuers how frequently the program documentation should be...more

9/15/2016 - BaFin Bank Holding Company Brokerage Accounts Cease and Desist Orders Duty to Update Federal Reserve Financial Sector FINRA Fixed Income Investments Germany Income Tax Act Private Funds SEC Subsidiaries TLAC TRACE

Investment Management Legal + Regulatory Update - August 2016

Regulation - Next on the SEC’s Regulatory Agenda: A Chief Valuation Officer? - First, the SEC required funds to designate a chief compliance officer. Then, the SEC proposed that funds designate a liquidity...more

8/16/2016 - Advisors Act Auditors BDC Broker-Dealer Business Continuity Plans Business Development Companies CFTC Commodity Futures Contracts Commodity Pool Customer Due Diligence (CDD) ETFs FinCEN FSOC OCIE Private Equity Qualified Client Risk Management SEC

Structured Thoughts: News for the financial services community, Volume 7, Issue 8

Brexit and Structured Products: A Framework for Considering Disclosures - The U.K.’s recent referendum to withdraw from the European Union has affected virtually all segments of the financial industry. The structured...more

8/13/2016 - Administrative Proceedings Broker-Dealer Disclosure Requirements Distributors DOL ERISA ETFs EU Fiduciary Duty Financial Markets FINRA Fraud Manufacturers Negligence Standard Referendums Required Communications SEC Structured Financial Products UK UK Brexit

Structured Thoughts: News for the financial services community, Volume 7, Issue 7

Financing Subsidiaries and SEC Registration - As readers of this publication know, in order to address the expected new U.S. regulatory capital requirements, a number of U.S. bank holding companies have been creating new...more

7/7/2016 - Bonds Complex Financial Products EU Federal Reserve Financial Services Industry Financing FINRA Global Systemically Important Financial Institutions (GSIFI) Investor Advisory Committee Investors ISDA SEC Securities Structured Financial Products Subsidiaries UK UK Brexit

SEC Proposes to Expand Smaller Reporting Company Eligibility

On June 27, 2016, the Securities and Exchange Commission (the “Commission”) proposed amendments to the definition of “smaller reporting company” (SRC) that would expand the number of companies that have this status. These...more

6/29/2016 - Capital Formation Disclosure Requirements Emerging Growth Companies Issuer Eligibility Criteria Proposed Amendments SEC Smaller Reporting Companies Threshold Requirements

FINRA Proposes Initial Round of Amendments to Communications Rules

In May 2016, FINRA filed with the SEC proposed revisions to its communications rules that include a few substantive revisions to existing rules, ease some burdensome filing requirements, and leave the door open for future...more

6/7/2016 - Amended Regulation Disclosure Requirements Educational Communications Rule Filing Requirements FINRA Investment Companies Investor Protection Rule 2210 SEC

Structured Thoughts: News for the financial services community, Volume 7, Issue 6

Structured Notes Offered on an Agency Basis - In our last issue, we discussed the potential impact of the Department of Labor’s new rules on sales of structured products. In that article, we discussed some of the...more

5/31/2016 - Comment Period Debt Deposit Accounts DOL FDIC FINRA Offerings Recordkeeping Requirements Regulation S-K Retirement Plan SEC Structured Financial Products Underwriting

Structured Thoughts: News for the financial services community, Volume 7, Issue 5

Electronic Structured Product Systems and FINRA’s Robo-Advisor Report - In a prior issue of this publication, we wrote about electronic structured note issuance platforms, and how these might be affected by U.S....more

5/2/2016 - Broker-Dealer European Securities and Markets Authority (ESMA) Financial Adviser FINRA OCC Regulation S-K Retail Investors SEC

Investment Management Legal + Regulatory Update - April 2016

Regulation - Department of Labor Issues Fiduciary Regulations Under ERISA - The Department of Labor (DOL) issued its long-anticipated final regulation (the “Regulation”) defining who is a fiduciary as a result of...more

4/21/2016 - Broker-Dealer CFTC Crowdfunding Derivatives DOL ERISA FINRA SEC

A Lofty Concept: Disclosure Effectiveness

Even before the JOBS Act had been proposed, policymakers focused on the downturn in the number of initial public offerings (IPOs) speculated that the burdensome disclosure requirements applicable to public companies were...more

4/19/2016 - Corporate Governance Disclosure Requirements IPO JOBS Act SEC

Structured Thoughts: News for the financial services community, Volume 7, Issue 4

Structured Product Sales at Bank Branches: Networking- Arrangement Rules - Many broker-dealers engaged in the structured products industry are affiliates of large U.S. banks, which have a significant customer footprint. ...more

4/1/2016 - Banks Broker-Dealer Financial Services Industry FINRA High-Yield Markets SEC Structured Financial Products

SEC Imposes Fine for Improper Research Report

In March 2016, the SEC entered into a settlement agreement with a U.S. broker-dealer, which initiated research coverage of an issuer after being invited by the issuer to participate as an underwriter for that issuer’s planned...more

3/28/2016 - Broker-Dealer Fines Offerings Prospectus SEC Underwriting

Structured Thoughts: News for the financial services community, Volume 7, Issue 3

Structured Product Sales at Bank Branches: Networking- Arrangement Rules - Many broker-dealers engaged in the structured products industry are affiliates of large U.S. banks, which have a significant customer footprint....more

3/3/2016 - Broker-Dealer Corporate Communications FINRA High-Yield Markets Investors Recruitment Policies SEC Structured Financial Products

FINRA Approves Price Disclosure Proposal for Debt Securities

On February 26, 2016, FINRA issued a press release (http://www.finra.org/newsroom/2016/finra-approves-enhanced-price-disclosure-retail-investors-fixed-income-securities) announcing that its Board of Governors approved the...more

3/2/2016 - Debt Securities Disclosure Requirements FINRA SEC TRACE

SEC Issues Investor Alert on Crowdfunding

With the May 2016 effective date of the new crowdfunding rules approaching, the SEC is attempting to help prepare the market. On February 16, 2016, the SEC’s Office of Investor Education and Advocacy issued an investor...more

2/18/2016 - Crowdfunding Early Stage Companies Fraud Investors Offerings SEC

Structured Thoughts: News for the financial services community, Volume 7, Issue 2

Is There a Standard Form of Rule 144A Representation Letter? - My file of Rule 144A representation letters has been growing fatter, and I‘m not sure why. I would have hoped that by now there would be just one great...more

2/12/2016 - Banking Sector Broker-Dealer Corporate Issuers Disclosure Requirements ERISA Federal Reserve FINRA Institutional Investors IRS Market Basket Regulation S-K Representations and Warranties Rule 144A Rule 15a-6 SEC Structured Finance Structured Financial Products TLAC

Structured Thoughts: News for the financial services community, Volume 7, Issue 1

T+2 Settlement and Structured Notes - Introduction - In December 2015, the “T+2 Industry Steering Committee” published its Implementation Playbook. The Playbook is intended to provide, among other things, a...more

1/18/2016 - Equity Markets FINRA OCIE Regulatory Agenda SEC Structured Finance Structured Financial Products

Structured Thoughts: News for the financial services community, Volume 6, Issue 9

ESMA Final Report on Complex Debt Instruments and Structured Deposits - On 26 November 2015, the European Securities and Markets Authority (“ESMA”) published its Final Report on its “Guidelines on complex debt...more

12/15/2015 - Banking Sector Derivatives DOL EU EURIBOR European Securities and Markets Authority (ESMA) Exchange-Traded Products Fiduciary Duty FINRA MiFID II Regulatory Agenda SEC Structured Finance

Investment Management Legal + Regulatory Update - November 2015

Regulation - OCIE Cautions Advisers on Outsourcing Compliance Activities: In a Risk Alert dated November 9, 2015, the SEC’s Office of Compliance Inspections and Examinations (OCIE) said it found that outsourced...more

11/18/2015 - AIFMD Anti-Money Laundering CFTC Compliance Cybersecurity Enforcement Actions FINRA Investment Management Investor Protection OCIE Outsourcing SEC Swap Dealers Swing Pricing Volcker Rule

Structured Thoughts: News for the financial services community, Volume 6, Issue 7

Structured Products Offerings and Research Reports: Introduction - Structured products are sold by broker-dealers, many of which are affiliates of large investment banks. The equity research group of the same...more

11/6/2015 - Binary Options Broker-Dealer Disclosure Requirements Equity Research Rule ETNs FINRA Global Systemically Important Financial Institutions (GSIFI) License Agreements Offerings Sanctions SEC Structured Financial Products Websites

Cybersecurity, Round 2: OCIE Announces Areas of Focus for Cybersecurity Examinations

On September 15, 2015, OCIE issued a risk alert relating to its new cybersecurity examination initiative. This is the second round of these examinations, and the alert provides a detailed look at OCIE’s current areas of...more

9/17/2015 - Broker-Dealer Cyber Incident Reporting Cyber Threats Cybersecurity Data Privacy Data Protection Data Security FINRA Hackers Investment Adviser OCIE Risk Alert Risk Management SEC SEC Examination Priorities Third-Party Training

46 Results
|
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×