News & Insights: Flash Reports

More than just the facts, Flash Reports provide context for what’s currently happening in the industry and translate that into what it means for your business.

SEC Updates Marketing Rule FAQ

On March 19, 2025, the SEC updated its Marketing Rule FAQ with new guidance on extracted performance and information on how to navigate the performance versus investment characteristic question.

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OCIE Releases Findings After Examining Firms Employing Persons with Disciplinary Histories

OCIE released a Risk Alert that outlines the findings of examinations of over 50 advisers in 2017. All the examined advisers were selected based on their employment with individuals with previous disciplinary events.

Ability to Once Again Allocate Cash to Carve-Outs

Before January 1, 2010, firms were allowed to include carve-outs with allocated cash in composites. This provision limited many firms’ ability to market potential strategies and/or attain compliance with the GIPS standards due to system limitations.

How are Advisers Selected for an OCIE Exam?

The reasons OCIE may select an adviser for examination are various and shifting, depending on commonly identified risk factors and changes in regulation. The SEC takes steps to be transparent about which conditions may cause an adviser to be selected for examination.

SEC Accepts Public Comment on Private Securities Offering Exemptions

The call for comment is directed toward startups, investors, and entrepreneurs who have worked within the existing exempt offering framework.

Regulation Best Interest: What You Should Know

The SEC adopted Regulation Best Interest (BI) which is intended to raise the standard of conduct for broker-dealers working with retail customers. The regulation had been under consideration since April 2018 and was passed by the Commission in a three-to-one vote.

Investment Adviser Overcharges Clients by $367,000, Charged with Fraud

On May 28, 2019, the SEC charged an investment adviser with overcharging clients by at least $367,000. Stephen Brandon Anderson, owner, and operator of River Source Wealth Management charged a majority of customers advisory fees.

Composite Minimums: Common Issues

Establishing a composite minimum helps define discretion. Since these composite minimums are tied to discretion, they may be composite specific.

Use of "May" in Form ADV Deemed Negligent by D.C. Circuit Court

D.C. Circuit Court of Appeals in Robare Group, Ltd. v. SEC ruled against RIA for failing to properly disclose a fee arrangement.

SEC Adopts Rules and Interpretations Including Form CRS and Regulation Best Interest

The SEC adopted a package of rules and interpretations intended to increase transparency for retail investors in their relationships with investment advisers and broker-dealers. The package includes Regulation Best Interest, the Form CRS Relationship Summary, and two new interpretations of the Advisers Act of 1940.

OCIE Warns of Cloud-Based Server Security Risks

OCIE discovered several security risks related to the storage of customer information by broker-dealers and advisers, particularly related to the use of cloud-based servers. The primary risk was found to stem from firms choosing not to utilize available security features on storage platforms.

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