Fairview® Flash Reports

Home/Fairview® Flash Reports

ESG Disclosure and Materiality Reminders for RIAs

ESG Disclosure and Materiality Reminders for RIAs WHAT HAPPENED? Climate and environmental, social, and governance (ESG) topics continue to gain prevalence in capital markets, especially when it comes to evolving regulatory expectations. As new disclosure protocols are finalized and existing ESG guidelines become more prominent, questions remain in some [...]

The SEC’s Bitcoin Futures Warning

The SEC’s Bitcoin Futures Warning WHAT HAPPENED? Last week, the SEC released a statement pertaining to funds investing in Bitcoin futures. Market participants have pushed for cryptocurrency ETFs in recent years, with no sign the SEC will approve these products in the near future. Instead, the Commission continues to [...]

Adviser Facing Jury Trial for Securities Laws Violations

Adviser Facing Jury Trial for Securities Laws Violations WHAT HAPPENED? An exempt reporting adviser (“ERA”) and related private fund were recently investigated by the SEC for a variety of securities laws violations, including misappropriation of funds, making material misstatements, and failing to disclose conflicts of interest, among other infractions. [...]

SEC Director of Enforcement Resigns After One Week – What Now?

SEC Director of Enforcement Resigns After One Week – What Now? WHAT HAPPENED? Last month, the SEC announced Chairman Gary Gensler appointed Alex Oh to be Director of the Division of Enforcement. Just days later, Oh resigned from her position, the SEC initially citing “personal reasons” as the cause [...]

SPACs: What the SEC Wants You to Know

SPACs: What the SEC Wants You to Know WHAT HAPPENED? Special-purpose acquisition companies, or SPACs, have recently surged in popularity and the SEC is paying attention. These vehicles are used to help private companies go public via a merger, or “de-SPAC,” and carry unique compliance risks. In past decades, [...]

No Need to Report Certain Home Offices on Form ADV

No Need to Report Certain Home Offices on Form ADV WHAT HAPPENED? The U.S. Securities and Exchange Commission released an FAQ statement clarifying there is no need to report a remote home office on Form ADV if the remote office is part of a firm’s pandemic response and business [...]

Key Takeaways from the SEC’s ESG Risk Alert

Key Takeaways from the SEC’s ESG Risk Alert WHAT HAPPENED? Recently, the U.S. Securities and Exchange Commission released a Risk Alert outlining specific compliance concerns associated with environmental, social, and governance (ESG) investing. With these investment products increasing in popularity across capital markets, the SEC is expanding efforts to [...]

Misleading Investor Newsletters: Firm Principal Charged by SEC for Omitting Facts

Misleading Investor Newsletters: Firm Principal Charged by SEC for Omitting Facts WHAT HAPPENED? The owner and principal of an Indiana-based investment advisory firm was recently fined by the U.S. Securities and Exchange Commission for knowingly misleading private fund investors. The violations took place throughout 2017 when the firm’s principal [...]

Firm Principal Fined by the SEC for Supervisory Violations

Firm Principal Fined by the SEC for Supervisory Violations WHAT HAPPENED? Recently, the U.S. Securities and Exchange Commission charged a California-based adviser with several compliance failures related to supervisory and disclosure practices. The violations occurred when the Principal of an investment advisory firm did not properly supervise an inexperienced [...]

Compliance Considerations for RIAs and BDs Trading Digital Asset Securities

Compliance Considerations for RIAs and BDs Trading Digital Asset Securities WHAT HAPPENED? Digital assets continue to be a hot topic among regulators as these securities gain momentum in the marketplace. While more comprehensive regulations around these trades are implemented, examiners from the U.S. Securities and Exchange Commission are emphasizing [...]