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Bates Welcomes New Consulting and Testifying Experts – June 2022

06-07-22

Bates Welcomes New Consulting and Testifying Experts – June 2022

Bates Group welcomes our newest consulting and testifying experts (pictured, L-R):

Joan Marie Asher, CIFD, IACCP - Hedge Funds, Private Equity, Alternative Investments

Jeffrey L. Baliban, MA Econ, CPA/ABV/CFF, CDBV - Business and Economic Damages, Business Valuation, Accounting

Jeff Jamieson - Litigation, Regulatory, Internal Investigations

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Non-Fungible Tokens: a Beginner’s Perspective

06-01-22

Non-Fungible Tokens: a Beginner’s Perspective

What is a Non-Fungible Token (NFT)? We've all heard of NFTs by now, and when this term comes up in the news or a talk with friends, there is no shortage of opinions. In this article, we examine what NFTs are, how they work, and some of their potential risks and benefits. 

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SEC Proposes Amendments to ESG Disclosure Rules and Forms

05-31-22

SEC Proposes Amendments to ESG Disclosure Rules and Forms

The SEC last week issued a proposal to require “registered investment advisers, certain advisers exempt from registration, registered investment companies, and business development companies” to disclose information on environmental, social and governance (“ESG”) investment practices and strategies in fund registration statements, prospectuses, annual reports, and adviser brochures. The 362-page proposal contains new disclosure requirements and would amend numerous Forms for funds and advisers.

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SEC Chair Gensler Speaks: The Latest on the SEC’s Agenda

05-26-22

SEC Chair Gensler Speaks: The Latest on the SEC’s Agenda

In a conversation with FINRA President Robert Cook at FINRA’s annual conference last week, SEC Chair Gary Gensler discussed his agency’s rulemaking agenda by explaining that the market is in the midst of a transformation that requires adjustments, modernizations and updates to existing regulations. The next day, Chair Gensler addressed an audience of State securities regulators on the implication of digital engagement practices on broker-dealer and adviser obligations. Here are some of the highlights from both events.

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SEC Exams Division Warns Firms to Tighten Up Compliance on the Misuse of Material Non-Public Information

05-05-22

SEC Exams Division Warns Firms to Tighten Up Compliance on the Misuse of Material Non-Public Information

On April 26, 2022, the SEC Division of Examinations urged investment advisers to revisit their compliance policies, practices, and procedures concerning the misuse of non-public information (MNPI). In the Risk Alert, the SEC (i) reviewed the applicable Investment Adviser Act rules and ethical code considerations and (ii) described compliance deficiencies observed by the Division during its recent examinations.

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05-05-22

Bates Compliance’s Rhonda Davis and Hank Sanchez to Speak at FMA’s 2022 Securities Compliance Virtual Seminar on “Crypto and Digital Assets - AML and BSA/OFAC Fraud Implications.”

Bates Compliance Managing Directors Rhonda Davis and Hank Sanchez will be speaking at the Financial Market Association's 2022 Securities Compliance Virtual Seminar, May 5-6, 2022. This 2-day virtual event focuses on current compliance topics, new rules or interpretations and regulatory initiatives for financial institutions and their affiliated broker dealers.

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SEC Spotlight: New Cybersecurity Rules Heading Your Way
SEC Chair Gary Genlser/SEC.gov

04-28-22

SEC Spotlight: New Cybersecurity Rules Heading Your Way

As part of SEC Chair Gary Gensler's ambitious cybersecurity agenda, the SEC has proposed rules and and made strides to address a number of its 2022 priorities. In a January 2022 speech before the Northwestern Pritzker School of Law’s Annual Securities Regulation Institute, Chair Gensler listed four targets for revised regulatory policy: (i) SEC registrants; (ii) public companies; (iii) service providers that work with SEC registrants; and (iv) the SEC itself. To date, he has moved the ball forward on the first two of these targets, and his most recent announcements suggest more to come. In this article, we review the recent SEC rule proposals and look at the most recent developments. 

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SEC 2022 Exam Priorities and Chart: Retail Investor Protection, Private Funds, ESG, Cybersecurity and Crypto-Assets Top this Year’s List
Image © [Kristina Blokhin] /Adobe Stock

04-14-22

SEC 2022 Exam Priorities and Chart: Retail Investor Protection, Private Funds, ESG, Cybersecurity and Crypto-Assets Top this Year’s List

In its annual priorities report, the SEC Examinations Division focused on areas of “heightened risk to investors, registrants and the markets.” The priorities list serves as both a reflection of new and evolving threats, and as a reminder for firms to address compliance gaps or deficiencies the Division observed over the past fiscal year. In this article, Bates reviews the report in detail as we adapt our own annual summary Chart to track the SEC's evolving priorities.

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SEC Proposes New Disclosure Rules on Climate Change

04-12-22

SEC Proposes New Disclosure Rules on Climate Change

In a broad new rule proposal, the Securities and Exchange Commission would require both domestic and foreign registrants to provide climate-related information in their filings and periodic reports. The deadline for comments is May 20, 2022. Read the full alert for details.

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FINRA Clarifies and Cautions Firms on Potential Supervisory Liability of Chief Compliance Officers

04-07-22

FINRA Clarifies and Cautions Firms on Potential Supervisory Liability of Chief Compliance Officers

In a reminder to (i) firm management on their supervisory obligations under FINRA Rules, and (ii) Chief Compliance Officers on their potential liability within a firm’s supervisory system, FINRA distinguished between the two in a recent Notice and detailed how it would make liability determinations on an enforcement action against a CCO for a failure to reasonably supervise. Read our Alert for details on FINRA's new guidance on CCO supervisory liability and what it could mean for your firm and clients.

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