Firm Misused MNPI, Ordered to Pay $1 Million WHAT HAPPENED? On May 26, 2020, the United States Securities and Exchange Commission released documentation detailing an enforcement action against a Los Angeles private equity firm and registered investment adviser, Ares Management, for its misuse of material nonpublic information (MNPI). The [...]
Adviser Fined $60,000 for Custody Rule Violation WHAT HAPPENED? On May 22, 2020, the United States Securities and Exchange Commission published information on an enforcement action against a registered investment adviser, TSP Capital. The firm was investigated, and subsequently disciplined by the SEC for violating the Custody Rule, which [...]
Six Ways to Help Protect Your Firm from a Cybersecurity Breach WHAT HAPPENED? As the COVID-19 pandemic has changed how most industries are conducting business, one of the biggest challenges is the transition to working from home. Many people are using their personal devices for work, often on an [...]
UPDATE: SEC Provides Guidance on Advisory Firms Accepting PPP Loans WHAT'S GOING ON? Many investment advisers have applied for or accepted a Paycheck Protection Program (“PPP”) loan for their firm. Recently, the SEC provided guidance and updates to frequently asked questions (“FAQs”). The updates include potential disclosure obligations relating [...]
SEC Proposes Rule to Modernize Fund Valuation Practices WHAT HAPPENED? Last month, the United States Securities and Exchange Commission released a proposed rule, Rule 2a-5, which would modernize valuation practices for funds. After significant changes to trading practices since the last releases on this topic over 50 years ago, [...]
NSCP Currents- "Pandemic Planning: Preparing Your Firm to Respond to COVID-19"
SEC Makes Updates to Regulatory Relief Guidance WHAT HAPPENED? Earlier this week, the SEC made updates to a set of frequently asked questions (“FAQs”) intended to provide guidance on COVID-19 regulatory relief. The updates include new information about custody rule requirements, reporting and potential disclosure obligations relating to the [...]
Annual FINRA Entitlement User Accounts Certification - 2020 WHAT HAPPENED? The FINRA Entitlement Program requires an annual review and certification of user accounts to ensure that all persons with access to FINRA applications, such as the IARD portal, are approved by the Super Account Administrator (SAA) of the adviser. [...]
10 Things to Document When Implementing Your Business Continuity Plan In the COVID-19 pandemic, widespread shutdowns and stay-at-home orders are in place. Under these circumstances, maintaining thorough documentation of your firm’s Business Continuity Plan implementation is critical. Regulators have already started querying firms on their pandemic response and reviewing BCP [...]
Risk Alerts From OCIE: Form CRS and Reg BI WHAT HAPPENED? On April 7, 2020, the Office of Compliance Inspections and Examinations (OCIE) of the United States Securities and Exchange Commission released two Risk Alerts to address upcoming compliance expectations for the new Form CRS and Regulation Best Interest [...]