- Consonant with the vacatur of its 2016 rule, DOL reinstated the longstanding 5-part test of investment advice fiduciary status, but announced new interpretations of that test that will cause rollover advice and possibly other interactions to become fiduciary advice.
- DOL also proposed a new, principles-based class exemption broadly available for conflicted advice and intended to align with other bodies of law to which financial institutions are subject.
Category Archives: Regulatory
Entering Another New Normal: Regulatory Updates for July 2020
June Regulatory Updates from Cari Hopsfenperger at Hardin Compliance Consulting LLC.
Topics include:
- Reg BI and Form CRS are here! Now what?
- Did you know that June 15th was World Elder Abuse Awareness Day (WEAAD)?
- Form CRS and the Land of Oz…State considerations for Form CRS
- West Virginia Enacts Senior Safe Legislation
- Temporary Relief extended for In-Person Board Meetings
- Another Adviser Nailed for Inadequate Handling of Material Nonpublic Information
- The Fat Lady Has Not Sung Yet… the SEC Continues its Crusade against “Inadequate Disclosure” of Mutual Fund Fees
- Former RIA COO Barred from Industry
Back to Office Guidance
From our friends at Hardin Compliance Consulting LLC, helpful guidance for broker dealers and RIAs, as they plan their return:
- Question & Answer Employer Guide: Return to the Work in the time of COVID-19 by Faegre Drinker.
- Making your Office Safe to Return after COVID-19 by Riia O’Donnell of Workest.
- Preparing for Reentry in the US by Goodwin Procter LLP.
- Reopening Your Doors – BakerHostetler’s Return to Work Toolkit
NJ Joins Other States to Protect Seniors, NASAA Warns Smaller Advisers about Cybersecurity Risks, SEC Settles Valuation, and Fund Expense & Wrap Fee Actions
June Regulatory Updates from Cari Hopsfenperger at Hardin Compliance Consulting LLC.
Topics include:
- New Jersey Adopts Its Own Senior Safe Legislation
- NASAA 2020 Investment Adviser Section Annual Report
- Notice to Members I-20-20: Coronavirus Update – Relief from Fingerprinting Requirements
- Notice to Members I-20-18: Amendments to NFA Compliance Rule 2-29 and Related Interpretive Notice Now Effective
- Broker-Dealer Recruiting Tactics Lead to Reg S-P Violations
- “May” I? No, You “May” Not! SEC Settles with Private Equity Adviser with Conflicted Expense Reimbursements
- Whoops! I Did It Again! Adviser Fails to Learn from Mistakes, Blows up Fund
- Five Million Reasons Why Wrap Fee Transparency is Important
- Mutual Fund Manager Misprices Odd Lot Bonds, Overstates NAV and Related Performance
SEC extends flexibility due to COVID-19
On March 25, 2020 the SEC issued several exemptive orders to extend temporary COVID-19 relief.
· The relief further extends the filing periods covered by its previously enacted conditional reporting relief for certain public company filing obligations.
· The relief further extends regulatory relief previously provided to funds and investment advisers whose operations may be affected by COVID-19.
· The SEC and its staff also provided public company disclosure guidance.