The New Marketing Rule Part 5 – Challenges for Performance Advertising
The New Marketing Rule Part 5 - Challenges for Performance Advertising What happened? On December 22, 2020, the U.S. Securities and Exchange Commission (SEC) passed amendments to the advertising and [...]
SEC’s ESG Taskforce Fines Investment Adviser $1.5 Million for Misstatements Concerning ESG
SEC’s ESG Taskforce Fines Investment Adviser $1.5 Million for Misstatements Concerning ESG What happened? On May 23rd, the Securities and Exchange Commission (SEC) charged BNY Mellon Investment Adviser, Inc. for [...]
The New Marketing Rule Part 4 – Implications for Social Media
The New Marketing Rule Part 4 - Implications for Social Media What happened? On December 22, 2020, the U.S. Securities and Exchange Commission (SEC) passed amendments to the advertising and [...]
The New Marketing Rule Part 3 – General Prohibitions
The New Marketing Rule Part 3 - General Prohibitions What happened? On December 22, 2020, the U.S. Securities and Exchange Commission (SEC) passed amendments to the advertising and cash solicitation [...]
What are Testimonials and Endorsements?
The New Marketing Rule Part 2 - What are Testimonials and Endorsements? What happened? On December 22, 2020, the U.S. Securities and Exchange Commission (SEC) passed amendments to the [...]
Risk Alert on MNPI
Risk Alert on MNPI What happened? Restrictions on the use of material non-public information (“MNPI”) are one of the cornerstones of the SEC’s regulatory framework. The Division of Examinations (“EXAMS”) [...]
IMPORTANT :: PHISHING ALERT, MESSAGE POSING AS FINRA DEFICIENCY LETTER WITH MALICIOUS LINKS OR ATTACHMENTS
IMPORTANT :: PHISHING ALERT, MESSAGE POSING AS FINRA DEFICIENCY LETTER WITH MALICIOUS LINKS OR ATTACHMENTS What happened? There is an active phishing campaign coming from the @claims-finra.org domain. Messages refer to [...]
The New Marketing Rule: Part 1 – What is an Ad?
The New Marketing Rule: Part 1 - What is an Ad? What Happened? On December 22, 2020, the U.S. Securities and Exchange Commission (SEC) passed amendments to the advertising [...]
Reminder: Annual Form PF filing Due April 30, 2022
Reminder: Annual Form PF filing Due April 30, 2022 Although IARD/PFRD is scheduled to be available Saturday the 30th, we recommend filing be completed by April 29th If you are [...]
2022 SEC Examination Priorities: ESG, Private Funds, Data Security, and Digital Assets
2022 SEC Examination Priorities: ESG, Private Funds, Data Security, and Digital Assets WHAT HAPPENED? On March 30, 2022, the Division of Examinations (the Division) published its 2022 Examination Priorities. These annual priorities [...]
Shocking Recension and Amendment of the Proxy Adviser Rule Threatens Shareholder Democracy
Shocking Recension and Amendment of the Proxy Adviser Rule Threatens Shareholder Democracy I. Introduction In November 2021, the U.S. Securities and Exchange Commission’s (the “SEC” or “Commission”) proposed recensions and [...]
ADVISER CHARGED WITH FAILING TO DISCLOSE FEES AND EXPENSES: Results in nearly $10 million in penalties and reimbursements
ADVISER CHARGED WITH FAILING TO DISCLOSE FEES AND EXPENSES: Results in nearly $10 million in penalties and reimbursements WHAT HAPPENED? On December 20th, a private fund adviser, Global Infrastructure Management, LLC, [...]
SEC Exam Trends
SEC Exam Trends The SEC’s Division of Examinations has conducted a series of exams, coined as the Retail Investment Company Initiatives (RIC), which focused on mutual funds and exchange-traded funds (ETFs). This [...]
SEC Proposes Reforms for Private Funds
SEC Proposes Reforms for Private Funds WHAT HAPPENED? On February 9, 2022, the United States Securities and Exchange Commission voted to propose new rules and amendments to enhance the regulation of private [...]
SEC Continues Focus on Private Fund Advisers
SEC Continues Focus on Private Fund Advisers WHAT HAPPENED? In the past five years, private fund assets have increased by 70%. As private fund advisers continue to play a larger role [...]
Compliance Date Approaching for Fund of Funds Arrangements Under The Investment Company Act of 1940, as Amended
Compliance Date Approaching for Fund of Funds Arrangements Under The Investment Company Act of 1940, as Amended WHAT HAPPENED? Last year the U.S. Securities and Exchange Commission adopted a new rule and [...]
