Composite Minimums: Common Issues Firms have the option to specify a minimum size for composite inclusion. The purpose for establishing a composite minimum is to help define discretion, i.e., a firm feels it needs assets of a certain size to be able to fully implement the strategy. Since these composite [...]
Use of "May" in Form ADV Deemed Negligent by D.C. Circuit Court WHAT HAPPENED? In April, the D.C. Circuit Court of Appeals in Robare Group, Ltd. v. United States Securities and Exchange Commission ruled against Robare, a registered investment adviser, for failing to properly disclose a fee arrangement with [...]
OCIE Warns of Cloud-Based Server Security Risks WHAT HAPPENED? Last week, the Office of Compliance Inspections and Examinations (OCIE) discovered several security risks related to the storage of customer information by broker-dealers and advisers, particularly related to the use of cloud-based servers. The primary risk was found to stem [...]
Form CRS: What You Should Know WHAT HAPPENED? In April 2018, the SEC released a proposed rule which would require investment advisers to provide a relationship summary to prospective clients. Form CRS, or Form 3, is intended to give retail clients simple and straightforward information about investment advisers, written [...]
FINRA Cites "Unreasonable" Email Review - Firm Fined, Censured WHAT HAPPENED? On April 12, 2019, the Financial Industry Regulatory Authority (“FINRA”) issued a settlement with a Salt Lake City-based broker-dealer, Wilson-Davis & Company (“Wilson-Davis”), due to poorly designed and implemented email review procedures. The misconduct was observed January-August 2013 [...]
FINRA's 2019 Entitlement User Accounts Certification WHAT HAPPENED? The FINRA Entitlement Program requires an annual review and certification of user accounts to ensure that all persons with access to FINRA applications are approved to do so. The review specifically evaluates that users have an ongoing need to access FINRA [...]
OCIE Warns Advisers and Broker-Dealers of Regulation S-P Compliance Issues WHAT HAPPENED? On April 16, 2019, the Office of Compliance Inspections and Examinations (OCIE) published a list of compliance issues in connection with Regulation S-P. Regulation S-P requires registered investment advisers, investment companies, and broker-dealers (registrants) to provide notice [...]
SEC Officials Comment on Evolving Proxy Voting Process WHAT HAPPENED? In remarks during the ICI Mutual Funds and Investment Management Conference, SEC Commissioner Elad Roisman and Director of the Division of Investment Management, Dalia Blass, spoke on the future of the proxy voting process. Blass announced that, in 2019, [...]
Reminder: Annual Brochure Delivery Obligation WHAT HAPPENED? Reminder: for Advisers with fiscal year-end Dec. 31, the annual brochure delivery deadline is approaching on April 30. The Adviser Act regulation (Section 275.204-3) states that Advisers must distribute, to each client and prospective client, brochures containing all information required by Form [...]
Large Cash Flows versus Significant Cash Flows: Which is Which? It is common for asset managers to be confused by two terms used in the Global Investment Performance Standards (GIPS®) that include the words “cash flows." While they are similar, these two terms have very different meanings and implications. The [...]