News & Insights: Compliance Administration

SEC Charges for Endorsements, Hypothetical Performance and Green-Washing

On November 1, 2024, the SEC Division of Enforcements charged Wahed Invest, LLC (“Wahed”), a registered investment adviser, for violating the Marketing Rule. 

2025 Examination Priorities Published by SEC Division of Exams

On October 21, 2024, the SEC’s Division of Examinations (“EXAMS”) published its 2025 Examination Priorities. The SEC’s fiscal year runs from October 1st to September 30th, and this fiscal year marks the 30th anniversary of the creation of the Division of Examinations, originally established as the Office of Compliance Inspections and Examinations.

2025 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.

Reminder: Plan for Amended Regulation S-P in 2025 Budget Planning

As we near budget planning season for many firms, large entities in particular (including RIAs with $1.5 billion or more in AUM) should be sure to account for costs that may be associated with complying with Amended Regulation S-P.

Here Comes Form SHO

January 2025 is the first month that must be monitored, and if thresholds are crossed then the first Form SHO filing will be due February 14, 2025.

SEC to Hold Virtual National Compliance Outreach Seminar for Investment Companies and Investment Advisers

On September 20, 2024, the SEC announced that it will host a virtual seminar for investment companies and investment advisers on Nov. 7, 2024.

SEC Charges Advisory Firm for Failure to Timely Distribute Audited Financial Statements and for the Use of Misleading Hedge Clauses

On September 3, 2024, the SEC announced charges against ClearPath Capital Partners, LLC, for failing to comply with rules governing the safekeeping of client assets and for its use of impermissible liability disclaimers in its advisory and private fund agreements.

SEC Charges BD and Affiliated IAs with Violating Whistleblower Protection Rule

What happened? On September 4, 2024, the SEC announced settled charges against three affiliated registrants, […]

SEC Charges Nine Investment Advisers in Ongoing Marketing Rule Sweep

On September 9, 2024, the SEC announced settled charges against nine registered investment advisers (“RIAs”) for violating the Marketing Rule by disseminating advertisements that included untrue or unsubstantiated statements of material fact or testimonials, endorsements, or third-party ratings that lacked required disclosures. Combined, these nine RIAs agreed to pay $1,240,000 in civil penalties.

Notification Deadline for the DOL’s QPAM Exemption

On August 26, the SEC announced that it settled charges against registered investment adviser Sound Point Capital Management LP (“Sound Point”) for “failing to establish, maintain, and enforce written policies and procedures reasonably designed to present the misuse of material nonpublic information (MNPI) concerning its trading of collateralized loan obligations (CLOs)”. 

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