News & Analysis as of

Investment Adviser Elder Issues

Bressler, Amery & Ross, P.C.

Florida Adopts Protection of Specified Adults Statute for Financial Institutions

During the 2024 Legislative session, the Florida Legislature passed Senate Bill 556, “Protection of Specified Adults”, which was signed into law by Governor Ron DeSantis on May 28, 2024....more

Bressler, Amery & Ross, P.C.

Michigan Enacts Broker-Dealer and Investment Adviser Financial Exploitation Law

On December 13, 2023 Michigan became the latest state to enact legislation to protect elder and vulnerable adults from financial exploitation. Effective March 13, 2024, the new law requires broker-dealers and...more

Bressler, Amery & Ross, P.C.

Georgia Enacts Broker-Dealer and Investment Adviser Financial Exploitation Law

On May 3, 2023, Georgia became the latest state to enact legislation to protect elder and vulnerable adults from financial exploitation. The new law which goes into effect on July 1, 2023, requires broker-dealers and...more

Law Matters

Preventing Financial Exploitation of Seniors and Vulnerable Adults — Q&A with Josh Jones

Law Matters on

In a JD Supra exclusive, Jones shared his passion for preventing the financial exploitation of seniors and vulnerable adults and what investors and their financial advisors can do to prevent it. ...more

Winstead PC

Undue Influence, Detecting Elder Abuse, and the Duty to Report Financial Exploitation

Winstead PC on

Author David F. Johnson recently presented his paper on “Undue Influence, Detecting Elder Abuse, and the Duty to Report Financial Exploitation” to the Austin Probate Bar Association in Austin, Texas, on May 20, 2022. This...more

Faegre Drinker Biddle & Reath LLP

Having a Senior Moment: Recent Legislation and Rules to Protect Seniors from Financial Exploitation

In recent years there has been a spate of legislation and rules passed to protect senior investors. Similarly, observers of FINRA’s and the SEC’s annual priorities will, of course, have noticed both bodies’ inclusion of elder...more

Bressler, Amery & Ross, P.C.

Arkansas and Hawaii are the Latest States to Increase the Protection of Vulnerable Adults from Financial Exploitation

Arkansas and Hawaii are the latest states to enact laws enhancing the protection of elder and vulnerable adults from financial exploitation. On July 28, 2021, Arkansas’s amendment to its financial exploitation law became...more

Bressler, Amery & Ross, P.C.

Arkansas Modifies Its Financial Exploitation Report and Hold Statute

On April 1, 2021, Arkansas modified its law protecting elder and vulnerable adults from financial exploitation. The enacted Arkansas Senate Bill 151 modifies Arkansas’s financial exploitation law, Ark. Code § 23-42-309, by...more

Bressler, Amery & Ross, P.C.

Nebraska Enacts Broker-Dealer and Investment Adviser Financial Exploitation Law

On March 31, 2021, Nebraska became the latest state to pass legislation to protect elder and vulnerable adults from financial exploitation. The new law allows broker-dealers and investment advisers to report suspected...more

Faegre Drinker Biddle & Reath LLP

States Enact Good Samaritan Broker Laws

On January 22, 2016, the members of the North American Securities Administrators Association (NASAA) released the Senior Model Act. It was developed and approved to serve as a model statute for states to adopt to target...more

Vedder Price

SEC, NASAA and FINRA Issue Senior Safe Act Fact Sheet

Vedder Price on

On May 23, 2019, in recognition of the one-year anniversary of the passage of the Senior Safe Act, the SEC, the North American Securities Administrators Association and FINRA issued a fact sheet to raise awareness of the act...more

Bass, Berry & Sims PLC

Privacy Perils: Elder Abuse Awareness Day

Bass, Berry & Sims PLC on

With older adults increasingly targeted by financial scammers, Governor Bill Lee has proclaimed Saturday, June 15, 2019, as Elder Abuse Awareness Day in Tennessee to warn seniors and their families and help them avoid falling...more

Faegre Drinker Biddle & Reath LLP

Best Interest Standard of Care for Advisors #8

I am writing two series of articles that together are called “The Bests.” One is about Best Practices for plan sponsors, while the other is about the Best Interest Standard of Care for advisors. Each series is numbered...more

Dechert LLP

FINRA Issues FAQs on Rules Relating to Financial Exploitation of Seniors and Other Vulnerable Adults

Dechert LLP on

The Financial Industry Regulatory Authority (FINRA) has published frequently asked questions (FAQs) for complying with new FINRA Rule 2165 (Financial Exploitation of Specified Adults) and amendments to FINRA Rule 4512...more

Bradley Arant Boult Cummings LLP

Securities Legislative Update – Elderly Investors 2017

The SEC recently approved FINRA’s proposed rule aimed at preventing fraud and abuse of senior investors. On March 30, FINRA issued Regulatory Notice 17-11, setting the effective date for the new rule as February 5, 2018. The...more

Carlton Fields

SEC Approves FINRA Efforts to Protect Seniors and Other Vulnerable Persons

Carlton Fields on

The SEC recently approved an amendment to FINRA Rule 4512 that requires FINRA members to make reasonable efforts to obtain, from each customer for whom they maintain an account, specified information about a “trusted contact...more

Sullivan & Worcester

Asset Managers: Are You Ready for Your Exam? Steps You Should Take Now

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Last week we told you about the five biggest pet peeves of the SEC’s Office of Compliance Inspections and Examinations (OCIE) when examining investment advisers. This week, we want to get you ready for your exam. Here are the...more

Proskauer - Corporate Defense and Disputes

SEC Staff Announces 2017 OCIE Examination Priorities

On January 12, 2017, the staff of the Office of Compliance Inspections and Examinations (OCIE) of the Securities and Exchange Commission (SEC) released its annual announcement on examination priorities in the coming calendar...more

Goodwin

Financial Services Weekly News - October 2015 #3

Goodwin on

Regulatory Developments: FINRA Requests Comment on Rules Relating to Financial Exploitation of Vulnerable Adults - On Oct. 15 FINRA published Regulatory Notice 15-37, requesting comment on proposed amendments to...more

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