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Monthly Archives September 2007

SEC Files Cease-and-Desist Order Against an Investment Adviser for Failure to Disclose Referral Fees

On September 25, 2007, the U.S. Securities and Exchange Commission (“SEC”) filed a cease-and-desist order against an investment adviser for its failure to disclose that the investment adviser’s president received payments from a security issuer that the investment adviser recommended to its clients. According to the SEC, the investment adviser described itself as a “fee-only” [...]

SEC Issues Cease and Desist Proceedings for Failing to Allow SEC Staff to Examine Business Records

On September 24, the U.S. Securities & Exchange Commission (SEC) issued an order instituting administrative and cease-and-desist proceedings against a registered investment adviser for refusing to produce or allow for the inspection of the firm’s advisory business. In the Matter of Amaroq Asset Management, LLC and Dwight Andree Sean Oneal Jones (Investment Advisers Act of [...]

SEC Announces CCOutreach Registration

On September 19, 2007, the U.S. Securities & Exchange Commission (SEC) announced it is now taking reservations for the CCOutreach National Seminar which will be held November 14 at the SEC’s national headquarters in Washington, D.C. According to the SEC, the CCOutreach program is intended to help mutual fund and investment adviser Chief Compliance Officers [...]

SEC Issues Cease-and-Desist Order for Incomplete Disclosure of a Conflict of Interest

Once again the U.S. Securities and Exchange Commission (“SEC”) issued a cease-and-desist order against a registered investment adviser for incomplete disclosure of a conflict of interest in violation of Section 207 of the Investment Advisers Act of 1940. In the Matter of Callen Associates (Rel. IA-2650/Sept. 19, 2007; File No. 3-12808), the SEC alleges that [...]

Results from SEC’s Inspection of "Free Lunch" Seminars

The United States Securities and Exchange Commission (“SEC”), North American Securities Administrators Association (“NASAA”) and Financial Industry Regulatory Authority (“FINRA”) released the findings from their recent joint inspection of “free lunch” seminars targeted at seniors. Based on the findings by these securities regulators, there are several valuable lessons for those financial professionals that are currently [...]

SEC Chair Previews Results of "Free Lunch" Seminar Exams

During recent testimony before the U.S. Senate’s Special Committee on Aging, United States Securities and Exchange Commission (“SEC”) Chairman Christopher Cox offered a preview of the results from the SEC’s targeted exams of financial firms that sponsor “free lunch” seminars in advance of the full release next week at the SEC’s “Senior Summit”. The following [...]

New Hampshire Waives the Series 65 Exam Requirement for Solicitors

Under House Bill 889, the State of New Hampshire recently amended its Uniform Securities Act (RSA 421-B:2) to exempt an individual, who is an investment adviser or investment adviser representative and conducting investment advisory business solely as a solicitor, from the Series 65 examination requirement. Although there is now a statutory provision permitting the wavier [...]

Senate Hearing Scheduled Regarding “Free Lunch” Seminars for Seniors & Professional Designations

The United States Senate Special Committee on Aging will hold a hearing entitled as “Advising Seniors About Their Money: Who Is Qualified – and Who Is Not?” on Wednesday, September 5, 2007 at 2:00 p.m. EST. If interested in hearing the webcast, you should visit the website of the Special Committee on Aging. Joseph P. [...]

 

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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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