by Ara Jabrayan | Aug 30, 2023 | Advertising, Chief Compliance Officer, Code of Ethics, compliance deficiencies, Compliance Violations, Conflicts of Interest, Deficiencies, Division of Enforcement, Division of Examinations, Emerging Technologies, Examination Priorities, Investment Adviser Code of Ethics, Investment Adviser Representative, Marketing Rule, Office of Compliance Inspections and Examinations (OCIE), policies and procedures, Press Releases, Registered Investment Advisers (RIAs), Retail Investors, RIA Compliance, RIA Compliance Policies, Risk, SEC Investment Adviser Compliance, SEC NEWS, SEC Rules, State Investment Adviser Compliance
On August 21, 2023, the SEC charged a New York-based FinTech investment adviser with using misleading hypothetical performance metrics in the firm’s advertisements. This enforcement action is particularly noteworthy, because it is the first case brought involving... by Ara Jabrayan | Aug 29, 2023 | Books and Records, Chief Compliance Officer, Code of Ethics, compliance deficiencies, Compliance Violations, Cybersecurity, Deficiencies, Division of Enforcement, Division of Examinations, Dually Licensed, Emerging Technologies, Examination Priorities, Investment Adviser Code of Ethics, Investment Adviser Representative, policies and procedures, Registered Investment Advisers (RIAs), RIA Compliance, RIA Compliance Policies, Risk, SEC Cybersecurity, SEC Investment Adviser Compliance, SEC Rules, Social Media, Standards of Conduct, State Investment Adviser Compliance
On August 8, 2023, the SEC charged eleven financial services firms, including a dually registered broker-dealer (BD) and Registered Investment Adviser (RIA), with widespread record-keeping violations. The firms acknowledged their wrongdoing and agreed to pay combined... by Ara Jabrayan | Jul 24, 2023 | Advertising, Chief Compliance Officer, Code of Ethics, Compliance Violations, Division of Enforcement, Division of Examinations, Examination Priorities, Fiduciary Duty, Investment Adviser Code of Ethics, Investment Adviser Representative, Office of Compliance Inspections and Examinations (OCIE), policies and procedures, Press Releases, RIA Compliance, RIA Compliance Policies, Risk, SEC Investment Adviser Compliance, Social Media, Solicitation, State Investment Adviser Compliance
On September 19, 2022, the SEC’s Division of Examinations published a Risk Alert dealing with the Commission’s initial areas of review of Registered Investment Advisers’ (RIAs) compliance with the Marketing Rule. In its latest Risk Alert published on June 8, 2023, SEC... 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... by Ara Jabrayan | May 10, 2023 | Account Recommendations, ADV Part 2A, Chief Compliance Officer, Code of Ethics, compliance deficiencies, Compliance Violations, Conflicts of Interest, Division of Enforcement, Division of Examinations, Duty of Care, Fiduciary Duty, Form ADV, FORM CRS/Form ADV Part 3, Improper Share Class Selection, Investment Adviser Code of Ethics, Investment Adviser Representative, Investment Advisers Act, Leveraged Exchange Traded Funds (ETFs), Office of Compliance Inspections and Examinations (OCIE), policies and procedures, Press Releases, Registered Investment Advisers (RIAs), Regulation Best Interest (BI), RIA Compliance, RIA Compliance Policies, Risk, SEC Investment Adviser Compliance, SEC NEWS, SEC Rules, Standards of Conduct, State Investment Adviser Compliance, Suitability
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...
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