Share on Twitter Print Share by Email Share Back to top “The basic idea for covered firms is if you’ve got a breach, then you’ve got to notify. That’s good for investors.” Those were among the remarks that U.S. Securities and...more
6/14/2024
/ Breach Notification Rule ,
Cybersecurity ,
Data Breach ,
Enforcement ,
Financial Institutions ,
Incident Response Plans ,
Investigations ,
Regulation S-P ,
Regulatory Standards ,
Reporting Requirements ,
Risk Assessment ,
Securities and Exchange Commission (SEC) ,
Third-Party Service Provider
During last week’s testimony before the Senate Committee on Banking, Housing, and Urban Affairs, the questioning of SEC Chair Gary Gensler focused on the expected topics of cryptocurrency regulation, ESG disclosures, and...more
Non-Enforcement -
Form PF — What Purpose?
SEC registered investment advisers with at least $150 million of assets under management in private funds are required to periodically file Form PF with the SEC. The...more
8/31/2015
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Board of Directors ,
Breach of Duty ,
CFTC ,
Chief Compliance Officers ,
Compliance ,
Conflicts of Interest ,
Dodd-Frank ,
Enforcement ,
Enforcement Actions ,
EU ,
European Securities and Markets Authority (ESMA) ,
Excessive Fees ,
Failure To Disclose ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
Form PF ,
FSOC ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
IOSCO ,
Meals-Gifts-and Entertainment Rules ,
Mutual Funds ,
National Private Placement Regimes (NPPR) ,
Penalties ,
Private Funds ,
Risk Management ,
SCOTUS ,
SEC Examination Priorities ,
Section 36(b) ,
Securities and Exchange Commission (SEC) ,
Transparency ,
UK
SEC Looks to Step Up Oversight of the Fund Industry -
At a recent conference, Mary Jo White, SEC chairman, announced that the SEC will look to increase its scrutiny of the mutual fund asset management segment to ensure...more
Non-Enforcement
- Cost of Proposed User Fees by Registered Investment Advisers Further Discussed
- SEC Valuation Guidance for All Funds
- Update on Insider Trading in Mutual Fund...more
SEC Proposes Extension of Principal Trade Rule for Registered Advisers/Broker-Dealers -
The SEC has proposed extending to December 31, 2016, the sunset date for the expiration of Rule 206(3)-3T (the “Rule”) under the...more
Renewed Call for Investment Adviser User Fees -
As we reported in previous editions of our Investment Management Newsletter, various persons have proposed that a user fee be imposed on SEC registered investment...more
As reported in the May 2014 edition of Legal News: Investment Management Update, the SEC has made cybersecurity readiness a high-priority item to review when it conducts examinations of registered broker-dealers and...more
7/1/2014
/ Affiliated-Business Arrangements ,
Affiliates ,
Broker-Dealer ,
Cybersecurity ,
Dodd-Frank ,
Enforcement ,
Enforcement Actions ,
Investment Adviser ,
Retaliation ,
Sanctions ,
Securities and Exchange Commission (SEC)
Concerns Noted During Private Equity Adviser Exams -
Routine examinations by the SEC at advisory firms who manage the assets of private equity funds have uncovered some serious concerns about the way such advisers...more
5/30/2014
/ Enforcement ,
Enforcement Actions ,
Financial Industry Regulatory Authority (FINRA) ,
Investment Adviser ,
Mutual Funds ,
OCIE ,
Popular ,
Private Equity ,
Private Equity Funds ,
Professional License ,
Securities and Exchange Commission (SEC) ,
Whistleblowers
Enforcement Matters:
Improper Calculation of Client Advisory Fees Results in Enforcement Action -
In a recent action (In the Matter of Transamerica Financial Advisors, Inc., Investment Advisers Act Release No....more
In a recent SEC no-action letter (RS Global Natural Res. Fund, SEC no-action letter, available 3/6/14), the SEC stated that it would take a non-enforcement position if a SEC registered investment adviser to a fund registered...more
Investment Advisers — Are Your “IA Reps” Registered as Required? Why You Should Care -
As we approach the end of the calendar year, it is a good time for investment advisers to check if all of its personnel who are...more
Non-Enforcement Matters
- SEC Focused on Compliance Programs
- SEC Beefing Up its Risk and Examinations Office
- SEC Guidance on Valuation of Portfolio Securities
- Affiliated Exchange-Traded Funds May...more
Non-Enforcement Matters:
- No Rush to Advertise by Hedge Funds
- Updated Guidance From the SEC
- Results of Dodd-Frank Legislation on Investment Adviser Registration Numbers
Enforcement...more
Non-Enforcement Matters
- SEC to Monitor Fund Performance Claims
- Suit Against Exchange Traded Funds’ Investment Adviser Dismissed
- Counterparty Risk Management Practices for Mutual...more
Non-Enforcement Matters:
- Private Fund Issuers’ Use of New SEC Rule 506(c) Hardly a “Slam Dunk”
- Advisers Need to Revisit Their Business Continuity Plans.
Enforcement Matters:
- Registered...more
Re: Possible SRO for Investment Advisers and Fiduciary Standard for Broker-Dealers — What Others Are Saying -
In the ongoing debate over whether a supervisory regulatory agency, other than the SEC, should be delegated...more
Board Oversight of Distribution and Financial Intermediaries -
One of the SEC’s stated focuses is on payments for “distribution in guise.” Mutual funds are only permitted to pay for distribution of their shares if...more
5/31/2013
/ CFTC ,
Conflicts of Interest ,
Enforcement ,
Fund Managers ,
Identity Theft ,
Investment Management ,
Misappropriation ,
Mutual Funds ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Social Media
* Non-Enforcement Matters:
- Legislation Reintroduced to Charge Investment Advisor User Fees
- SEC Examination Program for Newly Registered Investment Advisers Reveals Common Areas of Concern
- Recent...more
In This Issue:
Non-Enforcement Matters
- FINRA Announces Regulatory and Examination Priorities for 2013
- SEC Previous Hedge Fund Enforcement Trends for 2013
Enforcement Matters
- Another...more
1/31/2013
/ Complex Financial Products ,
Compliance ,
Cybersecurity ,
Data Protection ,
Enforcement ,
Financial Industry Regulatory Authority (FINRA) ,
Hedge Funds ,
Insider Trading ,
Money Laundering ,
Non-Enforcement ,
Private Placements ,
Securities and Exchange Commission (SEC)
In This Issue:
Non-Enforcement Matters:
- New SEC Registrants Under Dodd-Frank to Be Focus of SEC Examination Program
- FINRA Rule 5123 Revisited
Enforcement Matters:
- SEC Accuses...more