Category Compliance newsflash

Compliance Newsflash for September 18th, 2019 – SEC Continues to See Problems with Advisers Selecting Too-Expensive Share Classes

Investment News - Mark Schoeff Jr. More than 18 months after the Securities and Exchange Commission began a crackdown on inadequate mutual fund payment disclosures, the problem doesn't seem to be going away. In February 2018, the agency implemented an enforcement program encouraging advisory firms to report themselves if they recommended high-fee share classes without telling clients that lower-cost investments were available in the same fund.

Compliance Newsflash for September 11th, 2019 – Finra Will Defer to SEC on Interpreting Best Interest Rule

Investment News - Mark Schoeff Jr. When a new investment advice standard for brokers is implemented next June, Finra will be responsible for examining brokers for compliance. But the Securities and Exchange Commission will make the final call on determining how the regulation will work. "It's not our rule. It's an SEC rule," Finra chief executive Robert W. Cook told state regulators on Monday at the North American Securities Administrators Association annual conference in Austin, Tex.

Compliance Newsflash for August 21st 2019

The Securities and Exchange Commission today provided guidance to assist investment advisers in fulfilling their proxy voting responsibilities. The guidance discusses, among other matters, the ability of investment advisers to establish a variety of different voting arrangements with their clients and matters they should consider when they use the services of a proxy advisory firm.

FASB will propose delays to 4 new accounting standards

On July 17, the Financial Accounting Standards Board (FASB) unanimously voted to propose a sweeping set of split deferrals for certain entities. The proposal, which is expected to be published in August, would delay new accounting rules for 1) leases, 2) credit losses on loans, 3) long-term insurance contracts, and 4) hedge accounting...

Compliance Newsflash for June 21st, 2019

On June 5, 2019, the SEC adopted two rules and published two interpretations “designed to enhance the quality and transparency of retail investors’ relationships with investment advisers and broker-dealers.” This Alert discusses the Regulation Best Interest adopting release and the SEC interpretive release regarding the “solely incidental” prong of the broker-dealer exclusion from the Advisers Act. Separate Ropes & Gray Alerts discuss the SEC release on the standard of conduct for investment advisers and the SEC adoption of Form CRS.

Compliance Newsflash for April 16th, 2019

The Office of Compliance Inspections and Examinations (“OCIE”)* is providing a list of compliance issues related to Regulation S-P, the primary SEC rule regarding privacy notices and safeguard policies of investment advisers and broker-dealers. 1 These issues were identified in recent examinations of SEC-registered investment advisers (“advisers”) and brokers and dealers (“broker-dealers,” and together with advisers, “registrants” or “firms”).2 The information in this Risk Alert is intended to assist advisers and broker-dealers in providing compliant privacy and opt-out notices, and in adopting and implementing effective policies and procedures for safeguarding customer records and information, under Regulation S-P.3