Category Archives: SEC
 

Will Your Investment Adviser’s Use of an Outsourced CCO Survive Regulatory Scrutiny?

January 11, 2022

Although many investment adviser firms desire to outsource the chief compliance officer role to an unaffiliated third-party independent contractor (“Outsourced CCO”), such an arrangement will be scrutinized and could be  challenged by the securities regulator as a violation Rule 206(4)-7 or equivalent rule of the state securities regulator depending upon the facts and circumstances.

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SEC Raises Qualified Client Threshold

September 08, 2021

The U.S. Securities and Exchange Commission (“SEC”) recently finalized revisions to Rule 205-3 under the Investment Advisers Act of 1940, raising the net worth requirements for individuals who are charged performance fees.  The SEC increased the threshold requirements for “qualified clients” to account for inflation, as required by the Dodd-Frank Act and section 205(e) of the Advisers Act. The next adjustment for inflation is anticipated in 2026.

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Upcoming Webinar – Compliance Risks of Using Wrap-Fee Program

September 03, 2021

On Thursday, September 30, 2021 at 12:00 PM CST, RIA Compliance Consultants will present a live compliance training webinar about the Compliance Risks of Using Wrap-Fee Program. During this webinar our Senior Compliance Consultants will discuss the Division of Examinations (the “Division”) of the U.S. Securities and Exchange Commission (“SEC”) Wrap-Fee Risk Alert about its assessment of investment adviser firms associated with wrap fee programs.

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SEC Charges 21 Investment Adviser Firms for Form ADV Part 3 Filing and Delivery Failures

August 02, 2021

The SEC fines Investment Advisers for failing to deliver and file Form CRS, also known as Form ADV Part 3

Seal of the SEC
On July 26, 2021, the Securities and Exchange Commission (“SEC”) announced that 21 investment advisers agreed to settle charges that they failed to file and deliver their CRS Relationship Summary, also known as Form ADV Part 3, to their retail investors. Click here to read the SEC’s full announcement.

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SEC Risk Alert – Wrap Fee Programs

July 26, 2021

SEC Risk Alert on Use of Wrap Fee Accounts by Investment Advisers

On July 21, 2021, the Division of Examinations (the “Division”) of the U.S. Securities and Exchange Commission (“SEC”) released a Risk Alert about its assessment of investment adviser firms associated with wrap fee programs.SEC Building The SEC identified multiple areas where the investment advisers examined were deficient in their policies, procedures, and practices related to wrap fee programs, and further noted a range of industry practices that investment advisers might consider adopting to meet their fiduciary duty when recommending and managing wrap fee programs.

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Texas Securities Board Amends Rules to Harmonize with SEC’s New Accredited Investor Definition

March 29, 2021

On March 21, 2021, the Texas Securities Board adopted several amendments to its rules and regulations for registered investment advisers and other financial institutions, intended to harmonize the state’s rules with the amended definitions of accredited investor and qualified institutional buyer implemented by the Securities and Exchange Commission (“SEC”) in December 2020. Concurrently, the Texas Securities Board adopted additional amendments which affect broker dealers and other financial institutions other than registered investment advisers. A summary of the most recent changes adopted by the Texas Securities Board is available here.

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