News - Compliance and Regulatory Alerts

SEC Turns Up Heat on Share Class Selection Disclosure, Now Focusing on Other Forms of Compensation

Bates News, Compliance and Regulatory Alerts, Industry News  |  10-03-19

SEC Turns Up Heat on Share Class Selection Disclosure, Now Focusing on Other Forms of Compensation

The SEC Enforcement Division is continuing to concentrate on firms that did not self-report by the deadline of the SEC’s Share Class Selection Disclosure Initiative, and is now focusing on revenue-sharing payments and other forms of representative compensation or cost offsets. Bates takes a look at recent SEC actions and settlements with comments and recommendations by Securities Litigation and Regulatory Enforcement Managing Director Alex Russell.

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OCIE Issues Risk Alert on Principal Trading and Cross Transaction Compliance Obligations

Bates News, Compliance and Regulatory Alerts  |  09-23-19

OCIE Issues Risk Alert on Principal Trading and Cross Transaction Compliance Obligations

The SEC Office of Compliance, Inspections and Examinations (OCIE) issued a Risk Alert to remind investment advisers of their compliance obligations for principal trading and agency cross transactions involving clients. Specifically, OCIE alerted investment advisers of their responsibility to comply with disclosure and consent requirements under the Investment Advisers Act and that, except for specific circumstances related to cross trades, the rules require compliance on a “transaction-by-transaction basis – blanket disclosure and consent are not permitted.”

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OCIE Examines Investment Adviser Oversight of Supervised Persons with Disciplinary History

Bates News, Compliance and Regulatory Alerts  |  07-29-19

OCIE Examines Investment Adviser Oversight of Supervised Persons with Disciplinary History

The SEC Office of Compliance, Inspections and Examinations (OCIE) issued a Risk Alert to address compliance and disclosure issues raised in examinations covering the oversight practices of SEC-registered investment advisers “that previously employed, or currently employ, any individual with a history of disciplinary events.” OCIE also proposed a number of ways that firms could address the weaknesses in their compliance frameworks related to supervised individuals with a prior history of disciplinary events.

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Regulation Best Interest Now Published in Federal Register: What Does This Mean for Your Firm?

Compliance and Regulatory Alerts, Industry News  |  07-16-19

Regulation Best Interest Now Published in Federal Register: What Does This Mean for Your Firm?

The formal publication by the Federal Register on July 12, 2019, of Regulation Best Interest triggers final effective and compliance dates for the rulemaking package. 

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SEC Adopts Regulation Best Interest

Compliance and Regulatory Alerts, Industry News  |  06-05-19

SEC Adopts Regulation Best Interest

By a 3-to-1 margin, the SEC voted to approve its long-debated Regulation Best Interest at an open meeting today. Also approved was a new interpretation of the “solely incidental” provision of the Investment Advisers Act of 1940.

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FINRA Issues Guidance on Anti-Money Laundering Compliance Obligations

Bates News, Compliance and Regulatory Alerts  |  05-13-19

FINRA Issues Guidance on Anti-Money Laundering Compliance Obligations

In a new Regulatory Notice, FINRA provided guidance on reporting and monitoring suspicious activities under a member firm’s anti-money laundering (“AML”) compliance program.

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SEC Enforcement Investigating Firms That Did Not Self-Report

Bates News, Compliance and Regulatory Alerts  |  05-02-19

SEC Enforcement Investigating Firms That Did Not Self-Report

The SEC's Enforcement Division has now initiated investigations against firms that did not self-report by the deadline of the SEC’s Share Class Selection Disclosure Initiative. Whether you are facing an enforcement or remediation effort, Bates can help.

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FINRA Is Scrutinizing UTMA/UGMA Accounts

Bates News, Compliance and Regulatory Alerts, Industry News  |  04-11-19

FINRA Is Scrutinizing UTMA/UGMA Accounts

In June 2018, Bates Group published an article reporting on deficiencies identified by FINRA in its exam findings which may trigger further scrutiny. In that article we noted FINRA’s focus on the Uniform Transfer to Minors Act (UTMA), among other exam topics. That scrutiny has now arrived in the form of FINRA inquiries/investigations into how accounts for UTMA and Uniform Gifts to Minors Act (UGMA) accounts are handled at financial services firms.

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Alert: FINRA Releases FAQs with Important Information About Its 529 Plan Share Class Initiative

Bates News, Compliance and Regulatory Alerts  |  03-08-19

Alert: FINRA Releases FAQs with Important Information About Its 529 Plan Share Class Initiative

FINRA’s 529 Share Class Initiative self-reporting deadlines have been pushed back one month to allow firms additional time to review their supervisory systems, procedures and past transactions to identify sales of 529 plan share classes. The extension also allows firms more time to consider additional information made available by FINRA (FAQs) and to determine whether to self-report.

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Four Challenges Facing Firms Ahead of FINRA’s 529 Share Class Initiative April 1st Deadline

Bates News, Compliance and Regulatory Alerts  |  02-27-19

Four Challenges Facing Firms Ahead of FINRA’s 529 Share Class Initiative April 1st Deadline

Firms participating in FINRA’s 529 Plan Share Class Initiative should act now to meet the regulator’s approaching April 1st deadline to self-report violations and submit a plan to remediate harmed clients. Bates looks at four distinct challenges facing firms as they prepare their response.

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