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 Adopts Rule Amendments to Regulation S-P to Enhance Protection of Customer Information

The SEC adopted amendments to Regulation S-P requiring broker-dealers, investment companies, registered investment advisors, and transfer agents to implement and maintain policies and procedures regarding an incident response program that are designed to detect, respond, and recover from unwarranted access or use of client information.

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NSCP Currents: The SEC’s Private Fund Rules: What Advisers Need to Know

On August 23, 2023, the U.S. Securities and Exchange Commission (SEC) adopted new rules (Adopting Release) for private fund advisers under the Investment Advisers Act of
1940, as amended (Advisers Act).

The New York State Department of Financial Services Adopts Amendments to Strengthen Cybersecurity Regulations

Last week, the New York State Department of Financial Services (NYDFS) finalized amendments to its 2018 regulations on cybersecurity to enhance cybersecurity governance, mitigate risks, and protect New York businesses and consumers from cyber threats.

SEC Charges SolarWinds CISO

On October 30, 2023, the Securities and Exchange Commission (“SEC”) announced charges against SolarWinds Corporation and its chief information security officer, Timothy G. Brown. The charges were for a combination of fraud and internal control failures related to allegedly knowing about cybersecurity risks and vulnerabilities.

DOL Announces Proposed Rule: Updated “Investment Advice Fiduciary” Definition, Expanded Scope of Current Fiduciary Requirements

On October 31, 2023, the Department of Labor proposed a new rule that would extend the current definition of “investment advice fiduciary” to include advisers when they “give investment advice for a fee to retirement plan participants, individual retirement account owners and others,” according to the DOL’s Press Release.

2024 IARD Annual Renewal Message

Every year at this time, Renewal Statements for advisers are posted in the IARD Portal. These fees are collected for system processing and jurisdiction-related renewals. For the calendar year 2024, all renewal fees, related to SEC registration, state notice-filings, or exempt reporting adviser filings, will be submitted electronically through E-Bill and accessible through the FINRA Gateway. 

SEC Cyber Oversight 2024 Exam Priorities

On October 16th, 2023 the SEC Division of Examinations announced its 2024 exam priorities. The 2024 examination priorities allows investors and registrants to be aware of key risks, examination topics, and priorities of the Division in the upcoming year.

What the SEC Plans for Next Year: 2024 SEC Examination Priorities Are Already Published

On October 16, 2023, the SEC’s Division of Examinations (“EXAMS”) published its 2024 Examination Priorities. These annual priorities highlight certain practices, products, and services that present potentially heightened risks to investors or the integrity of US capital markets.

All About the ‘Ishing’

By now, many of us are aware of the term “phishing,” but many may not be familiar with all of the different forms of “ishing,” that have emerged with the development of new kinds of technology and social media.

SEC Charges 10 More Firms for Off-Channel Communication Failures

On September 29, 2023, the SEC charged five broker-dealers, three dual registrants, and two affiliated investment advisors with “widespread and longstanding failures to maintain and preserve electronic communications,” according to the SEC’s press release. The ten firms will pay combined penalties of $79 million. Each firm was also censured and served a cease-and-desist order.

SEC Wells Notice Underscores Shift in Responsibility for Cyber Attacks

The SEC recently issued a Wells Notice to SolarWinds executives, representing a seismic shift in accountability from conventional targets, to also include those responsible for overseeing cyber and data security programs, as evidenced by its explicit reference to the SolarWinds chief information security officer.

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