ComplianceAlert

OCIE Provides Guidance on Electronic Recordkeeping

The Office of Compliance Inspections and Examinations (“OCIE”) issued a brief Risk Alert ( the “Alert”) on May 23, 2019 describing how firms can successfully manage and store electronic records in a safe and secure manner. The Alert was based upon recent SEC examinations of both investment advisers and broker-dealers and is meant to address…

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ComplianceAlert

New Risk Alert on Regulation S-P

Last week the Office of Compliance Inspections and Examinations (“OCIE”) released a Risk Alert (the “Alert”) on Regulation S-P, the Privacy Rule. The Alert described the most common deficiencies found regarding the Privacy Rule over the past two years of examinations of both registered investment advisers and broker-dealers. The top findings included: Failure to deliver…

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ComplianceAlert

Speech Addresses SEC’s 2019 Rulemaking Agenda

New SEC rulemaking looks to be gaining momentum based on a recent speech by the Director of the Division of Investment Management (IM). Dalia Blass gave the keynote address at the ICI Mutual Funds and Investment Management Conference on March 18, 2019, and although her speech was to a mutual fund audience, many topics presented…

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ComplianceAlert

New Internal Control Requirements for CPOs

Earlier this month, the NFA issued Interpretive Notice 9074 (the “Notice”) in relation to NFA Compliance Rule 2-9 for CPOs. The Notice pertains to CPOs with control over customer funds and addresses how firms should manage employees and supervise third parties in order to meet the supervisory obligations under the Compliance Rule. The NFA recognizes…

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ComplianceAlert

NFA Updates Cybersecurity Components of Compliance Rule 2-9

On January 7, 2019, the NFA issued Notice I-19-01 to update its original interpretive notice regarding cybersecurity. The new amendment clarifies certain requirements for a CPO’s and CTA’s Information Systems Security Program (ISSP). Most firms adopted the original requirements in March 2016. Since then, the original NFA notice has been a best practice guide for…

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