SEC Staff Bulletin Explains Standards of Conduct for Broker-Dealers and Investment Advisers
On April 20, 2023, the SEC published a staff bulletin in a question-and-answer format to reinforce the standards of conduct owed by broker-dealers and Registered Investment Advisers (RIAs) when they are giving investment advice and making recommendations to retail...
RIAs Must Understand the Risks Associated With Recommended Investment Products
RIAs and IARs must comply with care obligations when recommending products with unique risks On May 4, 2023, the SEC announced that the Commission had settled charges against a Registered Investment Adviser (RIA) based in Fargo, North Dakota, as well as an Investment...
SEC’s Division of Examinations Risk Alert Regarding Observations from Examinations of Newly-Registered Advisers
On March 27, 2023, the SEC’s Division of Examinations (Division) published a Risk Alert that will be of great interest to newly-registered investment advisers. The observations will also be invaluable to investment advisers that have been in business for some years....
SEC’s Division of Examinations Announces Its 2023 Priorities
On February 7, 2023, the SEC’s Division of Examinations announced its 2023 examination priorities. These examination priorities are published annually to provide insights into the SEC’s risk-based approach. The publication also identifies areas that present potential...
SEC Risk Alert Gives Guidance on How RIAs Can Comply with Regulation S-ID
On December 5, 2022, the Division of Examinations (Division) published a Risk Alert that reported observations from recent examinations of SEC-registered investment advisers (RIAs) and broker-dealers related to their compliance with Regulation S-ID. The goal of the...
SEC Announces Enforcement Statistics for Fiscal Year 2022
On November 15, 2022, the SEC announced its enforcement results for fiscal year 2022. Despite the lingering impact of COVID 19, the SEC filed 760 enforcement actions and recovered a record $6.439 billion in penalties and disgorgement on behalf of investors. The...
NASAA Statistics Show RIAs They Need to Improve their Compliance Programs
Recently the North American Securities Administrators Association (NASAA) released its annual Enforcement Report. The publication highlighted the investigations and enforcement actions taken by state securities regulators to protect investors and maintain the...
SEC’s Staff Bulletin Explains How Investment Advisers and Broker-Dealers Should Deal with Conflicts of Interest
On August 3, 2022, the SEC published a Staff Bulletin, which discussed investment advisers’ and broker-dealers’ conflicts of interest. The Staff Bulletin offered guidance on how firms can identify, eliminate, mitigate, and disclose those conflicts of interest. The...
Three Firms Flagged by SEC for Identity Theft Red Flags Rule Violations
Regulation S-ID, commonly known as the Identity Theft Red Flags Rule, is designed to help protect investors from the risks of identity theft. Red flags are defined as a pattern, practice, or specific activity indicating the possible existence of identity theft....
CCOs Should Carefully Consider SEC Commissioner’s Personal Liability Analysis
For Chief Compliance Officers (CCOs) who worry that they face personal liability for their mistakes, a recent enforcement action should provide some degree of comfort. After the CCO for a Georgia-based Registered Investment Adviser (RIA) was found personally liable by...
SEC NEWS
SEC NEWS
- SEC Shuts Down WeedGenics $60 Million Cannabis Offering Fraudon May 23, 2023 at 5:30 pm
The Securities and Exchange Commission obtained an emergency order to halt an alleged ongoing offering fraud and Ponzi-like scheme by Integrated National Resources Inc. (INR), which does business as WeedGenics, and its owners, Rolf Max Hirschmann […]
- Mellissa Campbell Duru Named Division of Corporation Finance’s Deputy Director for Legal and Regulatory Policyon May 19, 2023 at 3:30 pm
The Securities and Exchange Commission today announced that Mellissa Campbell Duru has been named Deputy Director for Legal and Regulatory Policy in the Division of Corporation Finance. Ms. Duru most recently was a Special Counsel at Covington […]
- SEC Proposes Rule Amendments and New Rule to Improve Risk Management and Resilience of Covered Clearing Agencieson May 17, 2023 at 4:00 pm
The Securities and Exchange Commission today proposed rule changes that would improve the resilience and recovery and wind-down planning of covered clearing agencies. The proposal would amend the existing rules regarding intraday margin and the use […]
- SEC Charges 10 Microcap Companies with Securities Offering Registration Violationson May 16, 2023 at 11:45 am
The Securities and Exchange Commission today announced charges against 10 microcap companies for offering and selling securities in unregistered offerings that failed to comply with Regulation A, which provides a limited exemption from registration […]
- SEC Charges Red Rock Secured, Three Executives in Fraud Scheme Targeting Retirement Accountson May 15, 2023 at 4:00 pm
The Securities and Exchange Commission today announced charges against El Segundo, California-based Red Rock Secured LLC, its CEO, Sean Kelly, and two of its former Senior Account Executives, Anthony Spencer and Jeffrey Ward, in connection with a…
DIVISION OF INVESTMENT MANAGEMENT NEWS
- Annoucement: Updates to Proxy Rules and Schedules 14A/14Con May 30, 2023 at 1:33 pm
Proxy Rules and Schedules 14A/14C
- Manipulative and Deceptive Devices and Contrivances: Section 120, Rule 10b5-1on May 25, 2023 at 9:00 pm
Question 120.28
- Manipulative and Deceptive Devices and Contrivances: Section 120, Rule 10b5-1on May 25, 2023 at 9:00 pm
Question 120.27
- Manipulative and Deceptive Devices and Contrivances: Section 120, Rule 10b5-1on May 25, 2023 at 9:00 pm
Question 120.26
- Certain Broker-Dealer Practiceson May 12, 2023 at 9:00 pm
Order Under Rules 262(b)(2), 506(d)(2)(ii), and 602(e) of the Securities Act OF 1933 and Rule 503(b)(2) of Regulation Crowdfunding Granting Waivers of the Disqualification Provisions of Rules 262(a)(4), 506(d)(1)(iv), AND 602(c)(3) of the Securities […]