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Category Archives: Privacy

Does Your Investment Adviser Firm Have a Written Information Security Plan?

Based upon the formal and informal expectations of state and federal securities regulators, every investment adviser should consider developing a written information security plan.  Rule 30 of Regulation S-P issued by the U.S. Securities and Exchange Commission (“SEC”) requires SEC registered investment advisers to adopt written policies and procedures designed to ensure the security and [...]

Beyond the Privacy Notice – Safeguarding Confidential Client Information

Has your registered investment adviser firm gone beyond developing a privacy policy under Regulation S-P and established internal controls to protect confidential client information? This is the emerging expectation of state and federal securities regulators. For instance, the State of Massachusetts recently adopted a comprehensive and restrictive set of requirements to prevent client data security [...]

SEC Proposing to Permit the Release of Customer Contact Info. to Departing Reps

The U.S. Securities and Commission (“SEC”) released today a proposed rule amending Regulation S-P, which includes an exception from the privacy notice and opt-out requirements so as to permit the release of certain customer contact information to the customer’s representative when departing his or her current SEC registered investment adviser or broker-dealer and joining a [...]

Proposed Amendments to Reg S-P Permits Limited Transfer of Information When IARs Change Firms

At its open meeting today, the U.S. Securities and Exchange Commission (“SEC”) voted to propose several amendments to Regulation S-P, which sets forth the privacy obligations of registered investment advisers and broker-dealers with respect to confidential client information. Of particular interest to those investment adviser representatives and/or registered representatives that are considering the possibility of [...]

Amendments to Regulation S-P – What Information May an IA Employee Take?

The U.S. Securities and Exchange Commission (“SEC”) announced that its Commissioners will consider at its open meeting scheduled for Tuesday, March 4, 2008, a recommendation by staff to propose amendments to Regulation S-P, which governs the privacy of customer financial information. According to the SEC, the amendments would specify under Regulation S-P what information that [...]

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 [...]

Has Your Firm Safeguarded Customer Information

The Gramm-Leach-Bliley Act of 1999 and the subsequent Regulation S-P require that certain financial institutions, such as investment advisors, safeguard the privacy of non-public customer information. Under this regulation, financial institutions must provide clients with the opportunity to opt out (or avert) the disclosure of their non-public information to non-affiliated parties other than as required [...]

 

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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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