Compliance Alert - Smartria

May 14, 2021

Published by Mark Cunha

Categories

Fiduciary Duty Is Broader Than Many Think

A Registered Investment Adviser’s (RIA) and its Investment Adviser Representatives’ (IARs) obligations as fiduciaries are quite extensive. Even seasoned Investment Advisers may not fully understand their fiduciary obligations. Fiduciary duty encompasses much […]

March 9, 2021

Published by Mark Cunha

Categories

2021 SEC Exam Priorities

On March 3, 2021, the SEC’s Division of Examinations (Division) published its examination priorities for the year. These priorities are the driving force behind the Division’s examinations but are not exhaustive. Examiners […]

February 13, 2021

Published by Mark Cunha

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New York Regulatory Update

The New York State Department of Law (the “Department”) recently adopted new regulations that went into effect on February 1, 2021. These new regulations govern the registration and examination requirements for investment […]

February 12, 2021

Published by Mark Cunha

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What Can RIAs Learn About the SEC’s Ponzi Scheme Charges?

On February 4, 2021, the SEC charged three individuals and their affiliated entities with running an alleged Ponzi scheme that raised over $1.7 billion from securities issued by an asset management firm […]

December 29, 2020

Published by Mark Cunha

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RIAs Can Expect Big Changes with SEC’s New Marketing Rule

Guest post by Ara Jabrayan On December 22, 2020, the SEC enacted the new Marketing Rule, which will have an enormous impact on Registered Investment Advisers (RIAs). The new rule will replace […]

July 3, 2020

Published by Mark Cunha

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SEC Risk Alert Gives Advice to Private Fund Advisers

On June 23, 2020, the SEC published a Risk Alert, which summarized compliance issues discovered during hundreds of examinations of investment advisers that manage private equity funds or hedge funds. Examiners from […]

April 26, 2019

How to Hire a CCO to Manage RIA Compliance

Published by Mark Cunha

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SEC Issues Risk Alert Dealing with Regulation S-P Privacy Notices & Safeguard Policies

On April 16, 2019, the SEC’s Office of Compliance Inspections and Examinations (OCIE) published a Risk Alert dealing with Regulation S-P, which is the Commission’s primary rule governing privacy notices and […]

March 29, 2019

Published by Mark Cunha

Categories

Fiduciary Duty Goes Well Beyond Share Class Selection

Investment advisers may have noticed the SEC’s recent Share Class Selection Disclosure Initiative and thought they had nothing to learn from the 79 enforcement actions. The reality is that even investment advisers […]

January 3, 2019

Published by Mark Cunha

Categories

SEC Announces Its 2019 Examination Priorities

The SEC’s Office of Compliance Inspections and Examinations (OCIE) publishes annually its examination priorities to promote transparency and provide insights into the areas it believes pose a heightened risk to investors or […]

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