On January 6, 2021, the Division of Examinations (“Division”) issued a Risk Alert to notify investment advisers, broker-dealers, and other market participants of a recent action relating to investments in securities...more
1/11/2021
/ American Depository Receipts (ADRs) ,
Broker-Dealer ,
China ,
Divestment ,
Executive Orders ,
Global Depositary Receipts (GDRs) ,
Index Funds ,
Investment Adviser ,
Mutual Funds ,
Office of Foreign Assets Control (OFAC) ,
Risk Alert
Non-Enforcement -
Mutual Fund Directors Must Be Vigilant in Addressing Risks -
In remarks to the Mutual Fund Directors Forum, SEC Chair Mary Jo White outlined some of the risks and challenges that mutual fund...more
6/3/2016
/ 12b-1 plan ,
Civil Monetary Penalty ,
Conflicts of Interest ,
Custody Rule ,
Directors ,
Disgorgement ,
Enforcement Actions ,
Fiduciary Duty ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Liquidity ,
Mutual Funds ,
No-Action Relief ,
PCAOB ,
Permanent Injunctions ,
Prejudgment Interest ,
Private Funds ,
Risk Assessment ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Sub-advisers ,
Summary Judgment ,
Third-Party Service Provider
Non-Enforcement -
Remember to Update Your Risk Disclosure on an Ongoing Basis -
The staff of the Securities and Exchange Commission (SEC) issued guidance reminding mutual funds, exchange traded funds, and other...more
4/4/2016
/ Breach of Duty ,
Conflicts of Interest ,
Directors ,
Disclosure Requirements ,
Enforcement Actions ,
Exchange-Traded Products ,
Fees ,
Fiduciary Duty ,
Form ADV ,
Intermediaries ,
Investor Protection ,
Mutual Funds ,
New Guidance ,
Penalties ,
Registered Investment Advisors ,
Registered Investment Companies (RICs) ,
Risk Assessment ,
Securities and Exchange Commission (SEC)
Non-Enforcement -
SEC Decides Against Mounting an Appeal in Koch Ruling -
The July 2015 ruling by the D.C. Circuit Court in Koch v. SEC will apparently not be challenged by the SEC. The Court ruled in that...more
11/2/2015
/ Auditors ,
Board of Directors ,
Breach of Duty ,
Cease and Desist Orders ,
Chief Compliance Officers ,
Civil Monetary Penalty ,
Compliance ,
Conflicts of Interest ,
Cyber Threats ,
Cybersecurity ,
Disclosure Requirements ,
Disgorgement ,
Division of Investment Management ,
Dodd-Frank ,
Enforcement Actions ,
Exemptive Orders ,
Fiduciary Duty ,
Fixed Income Investments ,
Guidance Update ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Companies ,
Investment Company Act of 1940 ,
Investment Management ,
Investor Protection ,
Liquidity Risk Management Rule ,
Meals-Gifts-and Entertainment Rules ,
Mismanagement ,
Money Market Funds ,
Municipal Advisers ,
Mutual Funds ,
NRSRO ,
Popular ,
Prejudgment Interest ,
Private Funds ,
Proposed Regulation ,
Recordkeeping Requirements ,
Registered Investment Advisors ,
Risk Mitigation ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Social Media ,
Testimonial Statements ,
Valuation
Non-Enforcement Cybersecurity Is At the Top of SEC Examination Concerns In a recent SEC “risk alert” for registered broker-dealers and investment advisers, the SEC’s Office of Compliance Inspections and Examinations (OCIE)...more
10/1/2015
/ Blue Sky Laws ,
Board of Directors ,
Broker-Dealer ,
Chief Compliance Officers ,
Civil Monetary Penalty ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Derivatives ,
Disclosure Requirements ,
ETFs ,
Free Identity Theft Protection ,
Hackers ,
Investment Portfolios ,
Liquidity Risk Management Rule ,
Mutual Funds ,
NAV ,
New Guidance ,
OCIE ,
Personally Identifiable Information ,
Policies and Procedures ,
Proposed Regulation ,
Registered Investment Advisors ,
Regulation S-P ,
Remedial Actions ,
Reporting Requirements ,
Risk Alert ,
Risk Assessment ,
Risk Management ,
Sanctions ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Security Risk Assessments ,
Senior Managers ,
Servicing Agreements ,
Share Redemption ,
Shareholder Distributions ,
Swing Pricing
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
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
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
- Insider Trading in Mutual Fund Shares
- Incentive for Whistleblowers to Bypass Internal Reporting
- SEC Announces Compliance Outreach Sessions
- Implementation of FATCA Reporting...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:
- Recent Newsworthy Remarks by the SEC
- SEC Issues “Alert” on the Custody Rule
- Securities Exchange Act Issues for Exchange-Traded Funds
- Mutual Funds’ After-Tax Returns...more
In This Issue:
Non-Enforcement Matters
- Registered Investment Advisers’ Annual Review of Compliance Policies and Procedures
- Mutual Fund Boards and Oversight of Fair Valuation
- Mutual Funds and...more