Does your firm include text messages in its recordkeeping? WHAT HAPPENED? Recently, the U.S. Securities and Exchange Commission released information about proceedings against a California broker-dealer, which failed to retain employee text message records. The SEC became aware of the activity when investigating an enforcement matter concerning a third [...]
CCO faces $45,000 fine after falsifying documentation WHAT HAPPENED? Recently, a dually registered investment adviser and broker-dealer, and its former Chief Compliance Officer, were charged and fined by the U.S. Securities and Exchange Commission for violating the Investment Advisers Act of 1940. The violations began when, during a 2016 [...]
The SEC’s 9 recommendations for avoiding “credential stuffing” attacks WHAT HAPPENED? Earlier this month, the Office of Compliance Inspections and Examinations of the United States Securities and Exchange Commission (OCIE) released a Risk Alert outlining newly identified cyber-attack threats called “credential stuffing.” Credential stuffing is a type of cyber-attack [...]
How to Identify and Avoid Vishing and Smishing Attacks WHAT HAPPENED? You likely have heard of phishing attacks, a type of social engineering scheme that tricks victims into clicking email links infected with malware, or into giving sensitive information to cybercriminals posing as a credible contact. Sophisticated attackers use [...]
Are your firm’s electronic records secure by SEC standards? WHAT HAPPENED? In recent years, the United States Securities and Exchange Commission has heightened its emphasis on cybersecurity requirements for firms. Routine examinations now often involve in-depth requests for information on firms’ cyber and data security practices, which are areas [...]
Updated Accredited Investor Definition Expands Investor Access to Private Offerings WHAT HAPPENED? On Aug. 26, 2020, the United States Securities and Exchange Commission updated the “accredited investor” definition in the Securities Act. Until this point, “accredited investors” were limited to certain individuals based on income or net worth. With [...]
5 Ways to Strengthen Your Firm’s Vendor Management Program WHAT HAPPENED? Vendor management is a critical piece of creating a comprehensive information security strategy for firms. Vendors processing or maintaining sensitive information on behalf of your firm and its clients are especially important to review and conduct due diligence [...]
Newly Identified Compliance Risks Due to COVID-19: What You Should Know WHAT HAPPENED? Last week, the Office of Compliance Inspections and Examinations of the United States Securities and Exchange Commission (OCIE) issued a Risk Alert which outlines new compliance risks stemming from the global pandemic. The SEC and OCIE have remained [...]
Open-End Funds: Proposed Amendments to Reporting and Disclosure Requirements WHAT HAPPENED? On Aug. 5, 2020, the United States Securities and Exchange Commission proposed a new set of amendments to mutual fund and exchange-traded fund disclosure requirements. The package includes, among other things, changes to visual presentation requirements and the [...]
SEC Adopts Rule Amendments, Issues Guidance on Proxy Voting Process WHAT HAPPENED? On July 22, 2020, the United States Securities and Exchange Commission adopted rule amendments and issued additional guidance on the proxy voting responsibilities of investment advisers and third-party proxy voting advice service providers. The goal of the [...]