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09-20-18

FINRA Report Cites Greater Use of RegTech, Warns of Regulatory Implications

Despite RegTech’s “potential to fundamentally transform how securities industry participants perform their compliance obligations,” RegTech tools also raise “new challenges and regulatory implications” that affect “supervision, vendor management, data privacy and security.” That is the explicit assumption underlying a new FINRA white paper summarizing the results of the SRO’s extensive outreach on the subject. Bates Research takes a closer look.

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Bates Group Welcomes Financial Services Industry Leader and Consultant Gerald Baker

09-14-18

Bates Group Welcomes Financial Services Industry Leader and Consultant Gerald Baker

Bates Group is pleased to welcome Gerald (“Jerry”) Baker, Financial Services Industry Leader and Consultant, to Bates Compliance Solutions. With over 45 years of Financial Services and Compliance experience, Mr. Baker brings a wealth of industry knowledge and expertise, having developed compliance programs and managed Compliance Department functions at major U.S. securities and financial services firms. He provides compliance and supervisory consulting and training, serving clients at financial services firms, trade associations and regulatory organizations.

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09-05-18

What’s In A Name? NASAA Weighs In On Regulation Best Interest

The North American Securities Administrators Association (“NASAA”) encouraged the SEC “to make significant revisions to its April 18 Regulation Best Interest and related proposals (“Reg. BI”) before adopting them in order to best serve the interests of investors.”

In NASAA’s comment letter on Reg. BI, NASAA cautioned the SEC to take it slow, be deliberate and, most importantly, to consider “significant improvements” in order to “promulgate final rules that will serve the best interest of investors as the Commission intends.” Bates Research takes a closer look at NASAA’s concerns and its recommendations to the SEC.

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Bates Welcomes New Financial Crimes Managing Director Edward Longridge

09-03-18

Bates Welcomes New Financial Crimes Managing Director Edward Longridge

Bates Group welcomes Edward Longridge as the new Managing Director of Bates’ Financial Crimes practice. Based in New York City, Ed brings nearly 20 years of distinguished experience as an Anti-Money Laundering (AML) Compliance and Financial Crimes leader at major multinational financial institutions.

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08-15-18

Treasury, OCC and FINRA Set the Stage for Fall Fintech Debate

As the summer winds down, regulators are positioning themselves for more oversight of the financial technology sector. On July 30, the U.S. Treasury Department released a national agenda on how it intends to regulate fintech companies, encourage innovation and harmonize federal efforts with state regulators. The Office of the Comptroller of the Currency followed up the Treasury report with an announcement that it will begin to accept applications for special-purpose national bank charters for certain types of fintech companies. And on the same day as Treasury came out with its recommendations, FINRA issued a “Special Notice” seeking comment on fintech innovation in the broker-dealer industry. How are these developments going to impact the industry? Here’s a closer look.

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SEC Regulation Best Interest: Next Round

08-09-18

SEC Regulation Best Interest: Next Round

As the deadline for comments on SEC Regulation Best Interest draws to a close, echoes from the debate on the Department of Labor (“DOL”) fiduciary rule can be heard in new concerns being raised before the Commission. In a recent speech getting a lot of attention, SEC Commissioner Hester Peirce undertook an analysis of the proposed regulation. Bates Research takes a look at that and some other notable recent reactions.

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07-26-18

Eight Recent Developments on Cryptocurrency

Activity around the regulation of cryptocurrency continues apace. Only a short time ago, we reported on Operation Cryptosweep, a coordinated effort by NASAA and state securities regulators to crackdown on fraudulent cryptocurrency-related investment products. Today, we review a number of newsworthy developments that may affect the regulation of a technology that has defied easy categorization and oversight. Bates Research has the roundup:

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Compliance & Regulatory Update:  More FINRA UIT Warnings and Enforcement

07-23-18

Compliance & Regulatory Update:  More FINRA UIT Warnings and Enforcement

In a recent Bates Group article covering FINRA’s 2018 Annual Conference, we reported that Michael Solomon, FINRA’s Senior Regional Director, warned of specific exam deficiencies that may trigger compliance scrutiny. In particular, he urged firms to protect investors against representatives attempting to “gam[e] the system” by trading Short Term Unit Investment Trusts (“UITs”). FINRA has put teeth into that warning by bringing enforcement actions against firms in connection with their representatives’ “offending” UIT client sales activity.

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Alert: Common “Best Execution” Deficiencies in Recent Examinations

07-19-18

Alert: Common “Best Execution” Deficiencies in Recent Examinations

The SEC has highlighted frequent “best execution” deficiencies found in some recent examinations of investment advisers. As described in a new Office of Compliance Inspections and Examinations (“OCIE”) Risk Alert, investment advisers have a fiduciary obligation to seek “best execution” of client transactions. 

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07-19-18

FINRA Dispute Resolution Updates (and More)

FINRA recently issued a new fraud warning to member firms, highlighted certain changing rules and procedures for arbitrators, reminded arbitrators to stay current on their disclosures and offered up year-to-date statistics on dispute resolution. Bates Research has a summary.

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07-12-18

Private Placements Drawing Attention

A recent analysis undertaken by the Wall Street Journal found that securities firms selling private placement investments employ an “unusually” high number of high risk brokers. The reporting has raised red flags for regulators who have committed themselves and their agencies to weeding out bad actors and recidivist brokers. Such scrutiny comes at the close of the comment period for FINRA’s “bad actor” rule proposals. Bates has the latest developments.

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