More On Legal & Compliancefrom The Advisor's Professional Library
- 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.
- Anti-Fraud Provisions of the Investment Advisers Act RIAs and IARs should view themselves as fiduciaries at all times, whether they meet the legal definition or not. Deviating from the fiduciary standard of full disclosure while courting clients may cause the advisor significant problems.
Euro zone finance ministers agreed on October 12 to guarantee interbank loans for up to five years in a bid to thaw the credit squeeze on the continent, and pledged to inject additional capital into their banks following a meeting in Paris brokered by French President Nicolas Sarkozy. Further details for each country are expected to be announced simultaneously on Monday, October 13. U.S. Treasury Secretary Henry Paulson, after saying October 10 that the United States would consider acquiring equity stakes in ailing U.S. banks, was reported to be considering a similar guarantee for banks.
Meanwhile, Mitsubishi UFJ Financial was in talks with Morgan Stanley and U.S. and Japanese government officials on its previous $9 billion investment in the investment bank. On September 22, Mitsubishi agreed to invest the $9 billion to acquire about 21% of Morgan Stanley common and preferred stock at prices varying from $25/share to $31/share; Morgan Stanley stock has dropped 82% this year, and closed at $9.68 on October 10.