As we count down to this Wednesday’s open meeting in which the US Securities and Exchange Commission (SEC) will consider whether to adopt its proposed rulemaking package relating to the standards of conduct applicable to financial professionals, we are hopeful to receive answers to certain critical questions about the SEC’s proposals.
DC Circuit finds negligent, but not willful fraud for inadequate disclosures
In a much-anticipated decision, on April 30, 2019, the US Court of Appeals for the District of Columbia Circuit issued its decision in Robare, a case that concerned an investment adviser’s (IA) disclosure of conflicts of interest regarding its receipt of payments from a custodian. The court held that the Commission’s findings of “negligent” violations under Section 206(2) were supported, but the Commission’s findings of “willful” violations under Section 207, based on the same negligent conduct, “are erroneous as a matter of law.”
OCIE Lists Privacy Blunders; SEC Explains When Digital Assets become Securities; Ohio Mandates IARs and RR to Report Elder Abuse; FINRA Gives Broker an “F” in Email Review; and Google Searches Don’t Count as Due Diligence
Regulatory Updates from Jaqueline Hummel at Hardin Compliance Consulting LLC.
Topics include:
- Reg S-P Compliance Violations Spelled out by SEC
- Heads Up! Massachusetts Amended the Data Breach Notification Law
- Ohio Requires Registered Reps and Investment Adviser Reps to Report Elder Abuse
- SEC Issues Digital Asset Analysis and No-Action Letter
- FINRA Issues Guidance for Communications with Customers Regarding Departing Representatives
- Attention Underwriting Syndicate Members who enter into Backstop Agreements
- FINRA Will Permit the Use of Electronic Signatures for Discretionary Accounts
- SEC Issues Guidance on Mutual Fund Reporting Requirements
- Liquidity Risk Management FAQs Updated
- NFA updated its Self Examination Questionnaire to assist firms in preparing for 2-9
- Ever Wonder What Happens if Your Firm Blows the Private Offering Exemption?
- Google Searches and Phone Calls Don’t Count as Extensive Due Diligence
- When Absolute Power Corrupts Absolutely
- FINRA Gives Broker-Dealer an “F” in Email Review
Understanding fiduciary investment advice regulations
By all accounts, 2019 will see the advancement of a number of fiduciary and best interest investment advice regulations at both the federal and state levels. Firms subject to these regulations will face challenges in dealing with rules that will impose a host of new obligations, and that may overlap and conflict with one another. Eversheds Sutherland has developed a chart that is intended to help firms take stock of the evolving framework and aid firms in putting the pieces together.
SEC Asks for Help Understanding Digital Assets and Custody Rule, FINRA Issues FAQs on 529 Self-Reporting Request, and New Testing for Swap Traders
Regulatory Updates from Jaqueline Hummel at Hardin Compliance Consulting LLC.
Topics include:
- Mr. Blue Skies: A Primer on Form D and Blue Sky filings
- Speak Now or Forever Hold Your Peace — SEC Asks for Help on the Custody Rule
- Keeping up with FINRA’s 529 Plan Share Class Initiative
- Registration Required If Your Firm Handles Orders in NMS Stocks, OTC Equity Securities, or Listed Options: Rule 613
- Attention FINOPs – How To Report Operating Leases on FOCUS Filings
- Does Your Firm Publish Quotations in Unregistered Securities of Foreign Private Issuers?
- Modifications to Form N-PORT
- No Action Letter to the Independent Directors Council relaxes certain in-person voting requirements for fund boards
- MSRB Announces Effective Date for Amended Advertising Rules
- NFA to Require Swap Proficiency Testing
- Advisor Slammed for Charging Some Clients More for Same Services
- SEC Share Class Initiative Returning More Than $125 Million to Investors