Tag Archives: Investment

Nanette Aguirre to Moderate the Minorities in Restructuring and Alternative Investments (MRAI) Networking Event

Nanette Aguirre, Financial Regulatory and Compliance shareholder and MRAI executive committee member, will participate as a moderator at the Minorities in Restructuring and Alternative Investments (MRAI) Forum which will take place on May 11 at The National at the Benjamin Hotel in New York City. The discussion will highlight the growing number of minorities in … Continue Reading

Arthur Don to Speak at ACA’s Spring 2017 Compliance Conference in Florida

Arthur Don, co-chair of the Investment Regulation Group, will participate in the ACA Spring 2017 Compliance Conference, Thursday, May 4, in Florida. Arthur will speak on the panel, “Business Continuity: What Should Advisors be doing Now?” which will focus on mergers and acquisitions of advisory firms, incapacitation of a key man, and winding down.  The … Continue Reading

President Trump to Nominate CFTC Acting Head J. Christopher Giancarlo

President Trump has announced his intention to nominate Commodity Futures Trading Commission (CFTC) acting head J. Christopher Giancarlo as permanent chairman. This news is of high importance for the alternative investment community, which will be impacted by  Giancarlo’s regulatory vision for the agency and Dodd-Frank reform.  As a Republican commissioner at the agency since 2014, … Continue Reading

Derivatives Update: What You Should Know As We Enter 2017

This year has been full of surprises in the global markets with Brexit, the Republicans’ win of the executive branch and continuing control of the legislative branch in the U.S. and the impact of the privatization of energy markets in Mexico. In this GT Alert, we are simply going to address two critical proposals and … Continue Reading

SEC Continues Enforcement Push as Outlined in its Announcement of FY 2016 Statistics

In an announcement this week related to FY 2016 enforcement statistics, the SEC reported another increase and outlined its continued robust efforts.  In 2016, the SEC filed 868 enforcement actions besting its 2015 total by 61 actions and 2014 by 113 actions.  Although enforcement actions were up, the SEC announced that it had obtained judgments … Continue Reading

The DOL Fiduciary Duty Rule: Impact on Cash Solicitors for Advisory Firms

Under Rule 206(4)-3, adopted by the U.S. Securities and Exchange Commission pursuant to the Investment Advisers Act of 1940 (and under a number of parallel state securities laws or regulations), an investment adviser may compensate a cash solicitor who is not otherwise connected to the advisory firm for soliciting and referring prospective clients to the … Continue Reading

FINRA Sends Targeted Exam Letter Concerning the Sale of Non-Traded Business Development Companies

FINRA recently sent a sweep letter (or targeted exam letter) to select broker dealers, inquiring about those firms’ sale of non-traded Business Development Companies (BDCs).  BDCs are SEC-registered investment companies (usually closed-end funds) that pool investor funds in a debt or equity portfolio (typically of small- or medium-sized companies), with the objective of generating income … Continue Reading

New SEC Rule Proposal – Written Business Continuity and Transition Plans for Registered Advisers

Earlier this week, the SEC issued a Press Release announcing a Rule Proposal that would require SEC-registered investment advisers to adopt written business continuity and transition plans (BCP) as part of their compliance program.  The comment period on the Rule Proposal is expected to close in September.  Under the proposed rule, an adviser’s written BCP … Continue Reading

SEC Issues No-Action Letter on Custody Rule

On April 25, 2016, the SEC issued a no-action letter to the Investment Advisers Association clarifying its views on the application of Rule 206(4)-2 under the Advisers Act (the Custody Rule) to situations involving a sub-adviser in an investment advisory program for which a related person qualified custodian is the primary adviser and the primary … Continue Reading

SEC Announces National Compliance Outreach Seminar for Investment Adviser, Investment Company Personnel

On March 9, the SEC announced that it would be holding a Compliance Outreach Program for investment adviser and investment company senior officers on April 19, 2016, at the SEC’s headquarters in Washington, D.C. (the press release is available here).  Registration opened on Tuesday (March 8), and closes on March 29, 2016 (the registration form … Continue Reading

New SEC Cybersecurity Guidance for Investment Advisers and Fund Managers

This post summarizes the recent U.S. Securities and Exchange Commission (SEC) Guidance Update related to cybersecurity issues applicable to registered advisers and funds. This update will likely serve as a basis for any inspections by the SEC staff dealing with cybersecurity so investment advisers may want to review and revise their compliance policies accordingly. You … Continue Reading
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