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SEC Disciplines RIA for Failing to Disclose Conflicts of Interest Caused by the Payment of Incentive Compensation

by Ara Jabrayan | Mar 11, 2025 | Account Recommendations, Conflicts of Interest, Disclosure, fees, Fiduciary Duty, policies and procedures, Registered Investment Advisers (RIAs), RIA Compliance

On January 17, 2025, the SEC announced that it settled charges against a Registered Investment Adviser (RIA) for not disclosing the conflicts of interest created by the advisory firm’s incentive compensation payments to Investment Adviser Representatives (IARs). Those...

The SEC Disciplines RIAs for Ignoring Client Instructions and Whistleblower Rule Violations

by Ara Jabrayan | Feb 13, 2025 | Account Recommendations, Advisory Contract, Best Execution, Broker-Dealer, Candidate, Chief Compliance Officer, Code of Ethics, commissions, Communication, Compliance Violations, Deceit, Disgorgement, Dually Licensed, Fee Calculations, fees, Fines, investment management agreement, Penalties, policies and procedures, Registered Investment Advisers (RIAs), RIA Compliance Policies, Risk, SEC Investment Adviser Compliance, SEC NEWS, Share Class Selection, Suitability, Violations, Whistleblower, Whistleblower Protection Rule

On September 25, 2024, the SEC charged two firms with ignoring clients’ instructions and exceeding their designated investment limits for over two years. The two firms charged were Merrill Lynch, Pierce, Fenner & Smith Inc. (“Merrill Lynch”), a registered...

SEC Disciplines RIA for Breaching Its Fiduciary Duty When Recommending Variable Annuities and Other Investments

by Ara Jabrayan | Jul 11, 2024 | Account Recommendations, Compliance Violations, Fiduciary Duty, policies and procedures, Registered Investment Advisers (RIAs), SEC Investment Adviser Compliance

On May 20, 2024, the SEC settled an enforcement action against a Registered Investment Adviser (RIA) located in San Rafael, California. The SEC alleged that the RIA and its owner breached their fiduciary duty and failed to provide accurate disclosures. The RIA’s...

SEC Releases Its 2024 Examination Priorities Earlier than Expected

by Ara Jabrayan | Nov 21, 2023 | Account Recommendations, Best Execution, Books and Records, Business Continuity and Disaster Recovery Plans, Chief Compliance Officer, Compliance Violations, Conflicts of Interest, Cyberattack, Cybersecurity, Division of Enforcement, Division of Examinations, Duty of Care, Examination Priorities, Fiduciary Duty, Form ADV, policies and procedures, Private Funds, Registered Investment Advisers (RIAs), RIA Compliance, RIA Compliance Policies, Risk, SEC Cybersecurity, SEC Investment Adviser Compliance, SEC NEWS, SEC Rules, Suitability

On October 16, 2023, Registered Investment Advisers (RIAs) and other regulated firms received sooner-than-expected guidance from the SEC when the Commission published its 2024 examination priorities. The SEC previously announced its 2023 examination priorities on...

SEC Charges RIA with Paying Content Creators to Solicit Clients and Violating the Cash Solicitation Rule

by Ara Jabrayan | Aug 30, 2023 | Account Recommendations, Advertising, Chief Compliance Officer, Code of Ethics, compliance deficiencies, Compliance Violations, Conflicts of Interest, Division of Enforcement, Division of Examinations, Emerging Technologies, Examination Priorities, Form ADV, Investment Adviser Code of Ethics, Investment Adviser Representative, Marketing Rule, policies and procedures, Press Releases, Registered Investment Advisers (RIAs), Retail Investors, RIA Compliance, RIA Compliance Policies, SEC Investment Adviser Compliance, SEC NEWS, SEC Rules, Social Media, Social Media White Paper, Solicitation, Standards of Conduct, State Investment Adviser Compliance

Although the Cash Solicitation Rule was incorporated in part in the Marketing Rule, there are lessons to be learned from a recent enforcement action. On August 22, 2023, the SEC settled charges against a Registered Investment Adviser (RIA) based in Washington, D.C....

SEC Staff Bulletin Explains Standards of Conduct for Broker-Dealers and Investment Advisers

by Ara Jabrayan | May 15, 2023 | 12b-1 Fees, Account Recommendations, Best Execution, Chief Compliance Officer, Client Relationship Summary, Code of Ethics, DOL Fiduciary Rule, Duty of Care, ERISA, Fiduciary Duty, Investment Adviser Code of Ethics, Investment Adviser Representative, Investment Advisers Act, policies and procedures, Registered Investment Advisers (RIAs), Regulation Best Interest (BI), Retail Investors, RIA Compliance, Risk, Robo-Advisers, SEC Investment Adviser Compliance, SEC Staff Bulletin, Standards of Conduct, State Investment Adviser Compliance, Suitability

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...
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Recent Posts

  • SEC Disciplines RIA and IAR for Improper Advisory Account Conversions
  • SEC Disciplines RIA for Failing to Disclose Conflicts of Interest Caused by the Payment of Incentive Compensation
  • SEC Charges Two RIAs and Merrill Lynch with Cash Sweep Programs Compliance Failures
  • Acting As Unregistered Brokers Causes Big Problems for a RIA and its IARs
  • SEC Settles Charges Against RIA for Failure to File Forms D

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