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Monthly Archives August 2007

California Proposes Amendments to Rules under the Corporate Securities Law of 1968

Earlier this month, the California Department of Corporations announced proposed changes to rules regulating investment advisers registered in California. According to the release, the objective in proposing the amendments is to increase uniformity with the model rules suggested by the North American Securities Administrators Association (NASAA), rules already in effect in other states, and rules [...]

Attention Investment Advisers Registered in Illinois

Recently the Illinois Securities Department has been requesting investment advisors registered with their office provide additional information regarding disclosures made in the firm’s Form ADV. Requests for additional information have been made not only during the initial registration process but also in response to updates submitted by registered investment advisors with active registration. Additional information [...]

Adoption of Rule 206(4)-8

In July, we told you about an SEC open meeting which would include the discussion of a new anti-fraud rule under Section 206 of the Investment Advisers Act of 1940. The new rule was aimed at advisers to pooled investment vehicles such as hedge funds. Earlier this month, the SEC adopted Rule 206(4)-8 which prohibits [...]

SEC Initiates Cease-and-Desist Proceeding over Regulation S-P

The United States Securities and Exchange Commission (“SEC”) recently announced the issuance of an Order Instituting Administrative Cease-and-Desist Proceedings against Next Financial Group, Inc. (“Next”) for alleged violations of Regulation S-P (Privacy of Consumer Financial Information). According to SEC Release No. 56316 (August 24, 2007), the SEC alleges that Next violated Regulation S-P by allowing [...]

SEC Files Enforcement Action Against Investment Adviser for Misappropriation, Commingling & Pledging Client Assets

Last week, the United States Securities and Exchange Commission (“SEC”) filed an emergency action against a registered investment adviser alleging the following unauthorized acts: pledging of securities owned by clients; placing client funds belonging to segregated client accounts to a “house” account; commingling assets without ability to verify ownership of particular securities; and providing clients [...]

SEC Settles a Form 13F Filing Violation for a $100,000 Penalty

Earlier today, the United States Securities and Exchange Commission (“SEC”) issued Investment Advisers Act of 1940 Release No. 2634 (August 15, 2007) announcing its settlement with Quattro Global Capital, LLC, a registered investment adviser to a group of hedge funds, for failing to properly file the Form 13F. Under Section 13(f) of the Securities Exchange [...]

Washington Securities Division is Scrutinizing Professional Designations that Imply Expertise with Seniors

The State of Washington’s Securities Division is currently seeking comments regarding the possible regulation of professional designations by investment adviser representatives related to senior citizens. It appears that the Washington Securities Division might be following the lead of many other state securities regulators that have expressed concern about the use of a professional designation that [...]

 

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* RIA Compliance Consultants, Inc. ("RCC") is not a law firm and does not provide legal services. A compliance consulting relationship with RCC is not provided those legal and professional protections that normally exist under an attorney-client relationship. For more information, please visit our Disclosures webpage.

The determination to use a third-party compliance services provider is an important decision and should not be based solely upon advertisements or self-proclaimed expertise. A description or indication of limitation of our compliance services does not mean that an agency or board has certified RCC as a specialist or expert in investment advisor compliance. All potential clients are urged to make their own independent investigation and evaluation of RCC.

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