More On Legal & Compliancefrom The Advisor's Professional Library
- Differences Between State and SEC Regulation of Investment Advisors States may impose licensing or registration requirements on IARs doing business in their jurisdiction, even if the IAR works for an SEC-registered firm. States may investigate and prosecute fraud by any IAR in their jurisdiction, even if the individual works for an SEC-registered firm.
- Dealings With Qualified Clients and Accredited Investors Depending upon an RIAs business model and investment strategies, it may be important to identify “qualified clients” and “accredited investors.” The Dodd-Frank Act authorized the SEC to change which clients are defined by those terms.
Securities and Exchange Commissioner Annette L. Nazareth announced her intention to leave the Commission to return to the private sector October 2. In her nine years at the Commission, as a Commissioner and previously as Director of the SEC's Division of Market Regulation, the SEC noted in a release that, Nazareth "has applied her financial markets expertise to a broad range of issues affecting investors and the securities markets." Nazareth has not set a date for her departure from the Commission, but has notified President Bush that she does not wish to be re-nominated, the SEC said in the release. Her term ended on June 5, 2007, but Commissioners may remain in their positions for up to 18 months beyond a term's end, unless a successor is appointed sooner.
With Nazareth's departure, the SEC will now have to replace two of its Commissioners, as Roel Campos left the Commission in September to join the law firm of Cooley Godward Kronish.