News & Analysis as of

Financial Industry Regulatory Authority (FINRA) Office of Compliance Inspections and Examinations

Katten Muchin Rosenman LLP

SEC Scrutiny into Cash Sweep Programs: What Investment Advisers Need to Know

In recent years, the US Securities and Exchange Commission (SEC) has initiated several probes into how advisory firms manage their cash sweep programs, which are designed to transfer idle cash from investment advisory...more

Bressler, Amery & Ross, P.C.

ESG Task Force, Emerging Risk Team, Exam Priorities for 2021 and Other Highlights from the SEC

It is clear that environmental, social, and governance (“ESG”) issues will be an “enhanced focus” for the SEC in 2021. See, the regulator’s recent announcement of an ESG task force and the Division of Examinations priorities...more

McGuireWoods LLP

New Year, Old Problem: Broker-Dealers Should Evaluate Their Supervision of Personal Device Use

McGuireWoods LLP on

Many companies that transitioned to a work-from-home environment in early 2020 may have reasonably anticipated a return to the normalcy of in-office operations by the end of the year. Yet as 2021 commences, remote work has...more

UB Greensfelder LLP

Let’s Hear It For CCOs; After All, They Are Human People

UB Greensfelder LLP on

We have frequently blogged here about the degree of attention that regulators pay to Chief Compliance Officers, and whether it is proper that they sometimes are named individually in Enforcement actions. And we are hardly...more

Faegre Drinker Biddle & Reath LLP

SEC Roundtable on Reg BI and Form CRS

The U.S. Securities and Exchange Commission (SEC) hosted a virtual roundtable in late October to discuss the Regulation Best Interest (Reg BI) and Form CRS. With a few months of observations from examinations since the June...more

McGuireWoods LLP

Recent SEC and FINRA Guidance to Impact Firms’ COVID-19 — and Post-COVID-19 — Operations

McGuireWoods LLP on

As the pandemic continues, firms have begun to consider whether certain practice and cultural changes spurred by COVID-19 should become more permanent. To date, the U.S. Securities and Exchange Commission (SEC) and Financial...more

Perkins Coie

OCIE Raises Concerns Regarding Physical and Cyber Security, Supervision, and Business Continuity

Perkins Coie on

The Office of Compliance Inspections and Examinations (OCIE) of the U.S. Securities and Exchange Commission (the SEC) issued a risk alert (the risk alert) on August 12, 2020, highlighting COVID-19 pandemic-related risks and...more

Faegre Drinker Biddle & Reath LLP

Have No Fear, Reg BI Is Finally Here

All things come to those who wait … even Regulation Best Interest (colloquially known as Reg BI). In what now feels like a lifetime since the Securities and Exchange Commission (SEC) adopted it (believe it or not, it was only...more

Perkins Coie

SEC and FINRA Provide Guidance Regarding Cybersecurity, Artificial Intelligence, and Digital Assets

Perkins Coie on

The U.S. Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) made several regulatory announcements this summer relating to cybersecurity, artificial intelligence (AI), and digital...more

Burr & Forman

SEC Creates New Emerging & Event Risk Unit

Burr & Forman on

The SEC recently announced the creation of the Event and Emerging Risks Examination Team (“EERT”) in its Office of Compliance Inspections and Examinations (“OCIE”).  ...more

BCLP

SEC alerts public companies of increase in sophisticated ransomware attacks

BCLP on

The SEC’s Office of Compliance and Examinations (OCIE) issued a risk alert on July 10 about its observation of an apparent increase in sophistication of ransomware attacks on SEC registrants, including broker-dealers,...more

Vedder Price

Regulation Best Interest Update OCIE Risk Alert on Initial Examinations

Vedder Price on

On April 7, 2020, the Securities and Exchange Commission’s (the “SEC” or the “Staff”) Office of Compliance Inspections and Examinations (“OCIE”) issued a Risk Alert1 to provide broker-dealers and their associated persons...more

Vedder Price

Form CRS Update – OCIE Risk Alert on Initial Examinations

Vedder Price on

On April 7, 2020, the Securities and Exchange Commission’s (the “SEC” or the “Staff”) Office of Compliance Inspections and Examinations (“OCIE”) issued a Risk Alert to provide SEC-registered broker-dealers and investment...more

Polsinelli

SEC Announces Examination Priorities for Regulation Best Interest and Form CRS

Polsinelli on

On June 5, 2019, the Securities and Exchange Commission (“SEC”) adopted Regulation Best Interest (“Regulation Best Interest” or “Reg BI”), which establishes a new standard of conduct under the Securities Exchange Act of 1934...more

Dechert LLP

OCIE Publishes Risk Alerts Providing Advance Information Regarding Inspections for Compliance with Regulation Best Interest and...

Dechert LLP on

The Securities and Exchange Commission’s Office of Compliance Inspections and Examinations issued two Risk Alerts (Risk Alerts)1 on April 7, 2020, identifying the scope and content of OCIE’s initial examinations following the...more

Mintz - Securities & Capital Markets...

FINRA Agrees with SEC Regarding Enforcement of Regulation BI in Light of COVID-19

On April 7, 2020, the SEC’s Office of Compliance Inspections and Examinations (OCIE) published two Risk Alerts for Regulation BI and the corresponding Customer Relationship Summary Form (Form CRS). The Risk Alerts outline the...more

Baker Donelson

SEC Signals How Examinations Will Focus on Compliance with Reg BI and Form CRS

Baker Donelson on

The countdown to June 30, 2020 is on – the deadline by which broker-dealers with retail customers must comply with Regulation Best Interest (Reg BI), and broker-dealers and investment advisers must comply with Customer...more

McGuireWoods LLP

SEC Issues Regulation Best Interest Risk Alerts, After Declining to Delay Compliance Date

McGuireWoods LLP on

As McGuireWoods reported in an April 6, 2020, legal alert, the U.S. Securities and Exchange Commission (SEC) has indicated that it will not be delaying the June 30, 2020, compliance deadline for Regulation Best Interest (Reg...more

Vedder Price

Investment Services Regulatory Update - February 2020

Vedder Price on

New Rules, Proposed Rules, Guidance and Alerts – PROPOSED RULES – Agencies Propose Volcker Rule Amendments Relating to Covered Funds – On January 30, 2020, the Federal Reserve Board, FDIC, OCC, SEC and CFTC proposed...more

Vedder Price

OCIE Announces 2020 Examination Priorities

Vedder Price on

On January 7, 2020, the SEC’s Office of Compliance Inspections and Examinations (OCIE) announced its 2020 examination priorities for regulated entities, including investment advisers and registered funds. The examination...more

Burr & Forman

Cyber Still Atop Exam Priorities

Burr & Forman on

FINRA held its bi-annual Cybersecurity Conference in January and recently published five take-away real-world experiences from the conference...more

Nelson Mullins Riley & Scarborough LLP

2020 SEC and FINRA Examination Priorities and Cybersecurity Observations

During January of 2020, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (“OCIE”) issued two reports that highlight the work and priorities of OCIE: on January 7, 2020, OCIE issued...more

Faegre Drinker Biddle & Reath LLP

The SEC Trading and Markets Reg BI FAQ and the SEC’s and FINRA’s Plans for Reg BI Exams

In light of the significance of the final rules and Commission interpretations issued by the Securities and Exchange Commission (SEC) on June 5, 2019, our Best Interest Compliance Team issued a series of articles on the...more

Society of Corporate Compliance and Ethics...

SEC Office of Compliance Inspections and Examinations announces 2020 examination priorities

ethikos 34, no. 2 (February 2020) - In January, the U.S. Securities and Exchange Commission (SEC) announced its 2020 examination priorities, published annually “to enhance the transparency of its examination program and to...more

Katten Muchin Rosenman LLP

Bridging The Week - January 2020 #4

The Commodity Futures Trading Commission proposed to revise its position limits regime by increasing to 25 (from nine) the number of commodity derivatives contracts subject to federal limits; by augmenting the number of...more

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