The US Securities and Exchange Commission (“SEC”) recently finalized sweeping new rules for private fund advisers (the “PFA Rules”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”). The PFA Rules...more
10/9/2023
/ Audits ,
Clawbacks ,
Compliance ,
Custody Rule ,
Exempt Reporting Advisers (ERAs) ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investors ,
Policies and Procedures ,
Private Funds ,
Quarterly Report ,
Securities and Exchange Commission (SEC) ,
Transparency ,
Unregistered Brokers
On January 1, 2021, Congress passed the Corporate Transparency Act (“CTA” or the “Act”) to “better enable critical national security, intelligence and law enforcement efforts to counter money laundering, financing of...more
10/14/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Beneficial Owner ,
Certification Requirements ,
Corporate Transparency Act ,
Exemptions ,
Final Rules ,
Financial Institutions ,
FinCEN ,
Foreign Corporations ,
Insurance Industry ,
Investment Adviser ,
Limited Liability Company (LLC) ,
Money Laundering ,
Pooled Investment Vehicles ,
Privately Held Corporations ,
Public Schools ,
Reporting Requirements ,
Russia ,
Terrorism Funding ,
Transparency ,
Ukraine
What’s a financial advisor to do? On March 15, 2018, the Fifth Circuit Court of Appeals in Chamber of Commerce of the U.S. v. U.S. Dep’t. of Labor, No. 17-10238, 2018 U.S. App. LEXIS 6472 (5th Cir. Mar. 15, 2018) vacated –...more
4/12/2018
/ Best Interest Contract Exemptions ,
Broker-Dealer ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fiduciary Rule ,
Investment Adviser ,
Investment Management ,
Regulatory Reform ,
Retail Investors ,
Retirement Plan ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Vacated
This post continues our examination of the Department of Labor’s suite of final fiduciary and conflict of interest regulations. Our prior posts discussed the newly expanded definition of “investment advice fiduciary” and the...more
6/13/2016
/ Best Interest Contract Exemptions ,
Broker-Dealer ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Incentive Compensation ,
Individual Retirement Account (IRA) ,
Insurance Brokers ,
Internal Revenue Code (IRC) ,
Investment Adviser ,
Principal Transaction Exemption ,
Registered Investment Advisors ,
Retirement Plan ,
Sales Commissions