All posts by Grace O'Hanlon

Best practices for Mitigating Regulatory and Legal Risks of Electronic Signatures

Recently the SEC indicated that advisory firms should have policies and procedures in place to ensure that electronic signatures are not being exploited to perpetrate fraud that could harm advisory clients.

To that end there are various methods that can be employed to ensure that the person receiving the request for electronic signature is the intended recipient/signer. Among other things, the recipient can be required to authenticate their identity before reviewing/signing the document through various methods including

  • the sending of a code via text to a mobile number that the sender already has on file prompting the recipient to enter the validation code to confirm its identity
  • requiring the recipient to answer questions about the recipient’s identity/background to validate that the recipient is the intended signer.

Advisers should utilize only those electronic signature services that have a validation method, such as the above, to authenticate that the person signing the document is the intended recipient/signer.

Read more here.

DOL Brings Back Impartial Conduct Standards in FAQs, SEC Weighs in on ESG Investing, and FINRA Makes it Even Harder to Hire Reps with Black Marks

May Regulatory Updates from Cari Hopsfenperger at Hardin Compliance Consulting LLC.

Topics include:

Read more here.

Pun-ishment by SEC and FINRA: Enforcement Actions in March 2021

When you think about it, puns are kind of like securities enforcement actions. They could make you groan, they could make you laugh or they could make you think—causing you to say, “Oh, I see” (which is different from the SEC’s OCIE).

In the latest edition of NCSP Currents, we explore the connection of puns and other plays on words with SEC and FINRA enforcement actions and initiatives.

Read more here.

Contributors:

Brian L. Rubinbrianrubin@eversheds-sutherland.com

Andrea L. Gordon, andreagordon@eversheds-sutherland.com