A major focus of asset managers continues to be environmental, social and governance (ESG) factors. In response to investor and regulatory demands, ESG considerations and related-disclosures figure more prominently in investment strategies and investment vehicles. To help you make sense of it all attend ESG Considerations for Asset Managers.
Category Archives: Enforcement
SEC’s amendments to Rule 10b5-1 and new state privacy laws — ACA Regulatory Updates
February Regulatory Updates from ACA.
Topics include:
- News for All Firms
- SEC Amends Rule 10b5-1 Restricting Insider Trading
- State Privacy “Class of 2023” – Several New Privacy Laws Taking Effect
- News for Investment Advisers
- 10 States Now Require IARs to Complete Annual Continuing Education
- Form 13F Amendments to Make Data More Usable Take Effect
- News for CPOs/CTAs
- NFA Reminds Members to Confirm Exemption Status of Entities They Do Business With
- Lessons Learned
- SEC Fines Service Provider $5 Million for Securities Fraud: Service Providers Beware!
- I’m Ready for My Close-Up: Former PM Leverages Investment to Get His Daughter in the Movies
- Adviser Keeps Revenue Sharing on the Down Low – and Gets SEC Smackdown
SEC’s Division of Examinations 2023 Priorities
The SEC’s Division of Examinations recently released its Examinations Priorities 2023 report. In fiscal year 2022, they examined approximately 15% of the registered investment adviser population, and over 360 broker-dealers examinations, and, together with FINRA, they examined nearly half of the approximately 3,500 registered broker-dealers in fiscal year 2022. They continue to focus on their “four pillars”: (1) promote compliance; (2) prevent fraud; (3) monitor risk; and (4) inform policy.
ACA’s take on the priorities can be found here.
SEC’s 2022 Investor Advocate Report
SEC regulatory lawyers will want to note the recent filing of the 2022 Investor Advocate Report. The Investor Advocate is an advisory arm of the SEC looking out for the interests of retail investors, but it doesn’t engage in SEC rulemaking. A few things in the Report jump out. First, a statement that suggests the Investor Advocate wants to see more before weighing in on the effectiveness of Regulation Best Interest. Also, the Report includes a table of certain potentially problematic products, practices and trends broken down by regulator: These include performance claims and social media (SEC); Finfuencers and Reassigned Advisory Accounts (NASAA) and Financial Literacy Declines (FINRA). Here is a link to the full report: FY22 OIAD SAR Activities Report (sec.gov)
Enforcement appears as messages disappear part II: Steep penalties imposed in personal messaging cases
Sixteen firms settled with the Securities and Exchange Commission and Commodity Futures Trading Commission for failing to maintain and preserve business-related communications.
- Total civil penalties for these settlements and similar actions brought in December 2021 exceed $2 billion.
- The settlements stem from a risk-based investigation into whether broker-dealers, swap dealers, and other registrants are retaining business-related communications made on personal devices.
- Companies can take certain proactive measures now to ensure their record retention policies and controls sufficiently mitigate risk stemming from employee use of text messaging applications, including third-party platforms such as WhatsApp, on their personal devices.
