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Monthly Archives June 2009

Join Our Webinar – Maintaining Required Books & Records for a Registered Investment Adviser

If an examiner of the Securities and Exchange Commission (“SEC”) or a state securities regulator showed up in your registered investment adviser’s office tomorrow, could you provide all of the investment advisory books and records required by the examiner? Do you even know exactly what books and records a registered investment adviser is required to [...]

SEC Files Enforcement Action Against an RIA for Allegedly Failing to Disclose Compensation Received from Private Investment Funds

On May 20, 2009, the U.S. Securities and Exchange Commission (“SEC”) announced that it had filed an emergency civil action charging Wealth Management LLC (registered investment adviser), James Putman (founder, majority owner and Chief Executive Officer of Wealth Management), and Simone Fevola (former President and Chief Investment Officer of Wealth Management) with engaging in a [...]

The Adminstration Seeks Fiduciary Duty for B/Ds — Is the SEC Chairman Advocating the Establishment of an SRO for RIAs?

In the white paper, “Financial Regulatory Reform: A New Foundation,” recently released by the U.S. Treasury Department, the Obama Administration proposes the establishment of a fiduciary duty for broker-dealers offering investment advice and harmonization of the regulations of broker-dealers and registered investment advisers. Although there were only six paragraphs concerning the broker-dealer v. registered investment [...]

Proposal for SEC to Study Use Mandatory Arbitration Clauses in Investment Advisory Agreements

As noted in the proposal, “Financial Regulatory Reform: A New Foundation,” released by the U.S. Treasury Department earlier this week, the Obama Administration is calling for legislation to be passed giving the U.S. Securities and Exchange Commission (“SEC”) clear authority to prohibit the use of mandatory arbitration clauses by broker-dealers and registered investment advisers with [...]

Obama Administration Calls for Managers of Hedge Funds and Other Private Investment Funds to Register as Investment Advisers

Earlier this week, the Obama Administration called for all managers of hedge funds and other private investment pools (including private equity funds and venture capital funds) that exceeded a modest asset threshold to register with the U.S. Securities and Exchange Commission (“SEC”) under the Investment Advisers Act of 1940. Moreover, the Obama Administration proposes that [...]

Investment Adviser Reps May Need to Update Form U4

The U.S. Securities and Exchange Commission (“SEC”) has approved FINRA’s proposed changes to Form U4 (Uniform Application for Securities Industry Registration or Transfer) and Form U5 (Uniform Termination Notice for Securities Industry Registration), and these changes may require an investment adviser representative to update his or her Form U4. The changes to disclosure questions on [...]

Join RIA Compliance Consultants for its June 18, 2009 Webinar on the Proposed Changes to the SEC’s Custody Rule

Last month, the U.S. Securities and Exchange Commission (“SEC”) proposed amendments to the custody rule under the Investment Advisers Act of 1940, which the SEC explained are designed to increase protections for investors who entrust their funds and securities to registered investment advisers. According to the proposed rule changes, all SEC registered investment advisers will [...]

SEC Internal Compliance Program for Personal Securities Trading of Its Employees Is a Reminder to RIAs About Supervising PST of Its Access Persons

In a May 22, 2009 U.S. Securities and Exchange Commission (“SEC”) press release, Mary Schapiro, SEC Chairman, outlined new steps being taken to strengthen the SEC’s internal compliance program to guard against inappropriate personal securities trading by SEC employees. Previous internal rules for SEC employees prohibited, among other things, short selling, carrying securities on margin, [...]

 

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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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