A recent Risk Alert (the “Alert”) issued by the SEC’s Division of Examinations (“EXAMS”) discusses how both investment advisers and broker-dealers are failing to meet the requirements under Reg S-ID regarding the prevention of identity theft. The Alert summarizes the various deficiencies found during examinations of broker-dealers and investment advisers. Although the Alert is quite…
A recent Risk Alert (the “Alert”) issued by the Division of Examinations (“EXAMS”) demonstrates a new tactic for the SEC. In its first ever Alert on the newly to be enforced Marketing Rule, the SEC is warning firms to be ready for an examination. Typically, EXAMS issues a Risk Alert after it has conducted enough…
A recent Risk Alert (the “Alert”) issued by the Division of Examinations (“EXAMS”) addressed Staff findings and several areas of concern that the SEC has regarding misuse of Material Non-Public Information (“MNPI”) by registered investment advisers. The Alert came shortly after the SEC’s 2022 Examination Priorities (“Priorities Letter”). While MNPI concerns were not explicitly mentioned…
The SEC’s new Marketing and Advertising Rule for investment advisers will require significant changes at firms. However, there’s some good news: the Rule is intended to bring its original compliance requirements up to speed with modern communications. And with the compliance date for the Rule on November 4th of this year, firms should be taking…
A recent Risk Alert (the “Alert”) issued by the Division of Examinations (the “Division”) addressed several areas of concern that the SEC has with the private fund industry. The Alert is among the first steps of the SEC’s agenda to expand its footprint with the private fund industry through increased regulatory guidance, examinations and rulemaking….