Category Archives: Regulatory

Not Throwing Away Your Shot: Relying on Compliance Consultants to Defend Regulatory Actions

You are a CCO responsible for completing and filing Form ADV. You hire a compliance consultant to advise you on what information to include. You act in accordance with that advice, but you later find out that the SEC has instituted a proceeding against you and the firm due to the firm’s inadequate disclosures.

  • So, what now?
  • How do you defend yourself and the firm in this proceeding?
  • Is reliance on compliance consultants an available defense?
  • Will that succeed?

Who lives, who dies, and who tells your story (as Alexander Hamilton might say)?

Read More Here

Additional contributor to this post:

Brian L. Rubinbrianrubin@eversheds-sutherland.com

Analysis of FINRA Cases Shows Record-Breaking 2016

Eversheds Sutherland (US) LLP has completed its annual study of the disciplinary actions reported by FINRA in 2016.  Key takeaways:

  • In 2016, the amount of fines ordered by FINRA shattered its previous record set in 2014
  • While the number of cases reported was on par with prior years, the amount of restitution declined significantly from 2015’s record total
  • Top enforcement issues and emerging trends for FINRA

View the results here

Additional contributor to this post:

Brian L. Rubinbrianrubin@eversheds-sutherland.com

TIC Form SHC 5-Year Benchmark Survey of U.S. Ownership of Foreign Securities: Due March 3, 2017

Investment advisers are reminded to review their filing obligations under the TIC Form SHC as reporting on this 5-year benchmark survey is due on March 3, 2017. The instructions for Form SHC are available here, FAQ may be found here and key issues for reporters are available here.

Continue reading TIC Form SHC 5-Year Benchmark Survey of U.S. Ownership of Foreign Securities: Due March 3, 2017

Shortening the Settlement Cycle

In 2017, broker-dealers will be required to devote significant time and attention to preparing for a shortened settlement cycle.  As a means of reducing credit risk, counterparty risk and overall systemic risk, the Securities and Exchange Commission (SEC) has moved forward with proposed rules that would amend Rule 15c6-1(a) in order to reduce the settlement cycle to two business days (T+2).

Continue reading Shortening the Settlement Cycle

FINRA Investor Study

Recently, FINRA published a report regarding its investor survey (FINRA Investors in the US 2016).  The report summarizes findings from an online survey addressing investor relationships with broker-dealers and advisers, investor understanding of fees charged for investment services and investor literacy.  The survey finds that a very small percentage of investors own “complex securities,” such as REITs, options and structured notes, which have been a focus of regulatory attention.  Most investors own principally individual stocks and mutual funds.  More than half of those investors surveyed rely on the services of a broker or other professional adviser for some of their investment decisions, with the percentage being somewhat higher for investors aged 55 and higher.  Approximately 16% of those surveyed use robo-advisers.  In making investment decisions, 49% expressed a preference for paper deliver of documents.  An overwhelming percentage of investors (68%) rely on information from the company in which they are investing in order to make their investment decisions.  The investor literacy component of the survey questions revealed that many investors do not have a complete understanding of concepts like short selling and buying stocks on margin, which suggests that broker-dealers and investment advisers have continued work ahead of them in terms of investor education.