Contact Bates Today

Bates Group is with you every step of the way. Contact us today for more information on how our End-to-End Solutions can help your firm.

Get My Solution Started

Bates Group Logo

We’re looking for talent! Interested in a career at Bates Group? Visit our Careers page.

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.

Read More

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.

Read More

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. 

Read More

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.

Read More

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.

Read More

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.

Read More

President Biden Issues Executive Order on Crypto Seeking “Whole-Of-Government Approach”

03-31-22

President Biden Issues Executive Order on Crypto Seeking “Whole-Of-Government Approach”

In a recent article assessing the regulatory horizon for cryptocurrency, Bates identified several areas of uncertainty which raised certain questions. We may now have answers to those questions in the form of an Executive Order and accompanying Fact Sheet on “ensuring responsible development of digital assets,” issued by President Biden on March 9, 2022. Here is an overview of the main points.  

Read More

SEC Division of Examinations Announces 2022 Examination Priorities
Image © [Kristina Blokhin] /Adobe Stock

03-30-22

SEC Division of Examinations Announces 2022 Examination Priorities

The SEC Division of Examinations has just released its 2022 examination priorities report, focusing on Private Funds, ESG Investing, Standards of Conduct (including Regulation Best Interest, Fiduciary Duty, and Form CRS), Information Security and Operational Resiliency, and Emerging Technologies and Crypto-Assets. Stay tuned for our annual commentary, coming soon.

Read More

Dispelling Five Common Misconceptions About Cryptocurrencies
Image © [rosinka79] /Adobe Stock

03-22-22

Dispelling Five Common Misconceptions About Cryptocurrencies

As cryptocurrency becomes more mainstream, many people are looking to learn more, including bankers and regulators. Financial institutions are also currently trying to determine how to integrate cryptocurrency into the traditional banking and investment worlds. Read the full article from Managing Director Brandi B. Reynolds and Consulting Expert Paul Nelson to learn about five common cryptocurrency misconceptions and how Bates can help your firm.

Read More

Will a Current Lawsuit Redefine Cryptocurrency as Property for Tax Purposes?

03-17-22

Will a Current Lawsuit Redefine Cryptocurrency as Property for Tax Purposes?

A determined litigant is hoping to define, or redefine, a type of cryptocurrency through a lawsuit against the Internal Revenue Service. The cryptocurrency involved is Tezos, one of several cryptocurrencies that rely on “proof of stake” as the validation method for additions to a blockchain. This matter is significant, as Tezos has a unit value of about $4 and a market value of about $8 billion. Tezos is one of the currencies available for use in smart contracts—self executing contracts where the parties can verify performance without an intermediary. Learn more about how this suit may redefine Cryptocurrency for tax purposes in this article authored by Bates consulting expert Paul Nelson.

Read More