More On Legal & Compliancefrom The Advisor's Professional Library
- Risk-Based Oversight of Investment Advisors Even if the SEC had a larger budget and more resources, it is doubtful that the Commission would have the resources to regularly examine all RIAs. Therefore, the SEC is likely to continue relying on risk-based oversight to fulfill its mission of protecting investors.
- Nothing but the Best Execution Along with the many other fiduciary obligations owed by RIAs, firms owe a duty to seek best execution of clients transactions. If they fail to do, RIAs violate Section 206 of the Investment Advisers Act.
The Securities and Exchange Commission continues to add staff to its newly established Division of Risk, Strategy, and Financial Innovation, with Gregg Berman recently being named a senior policy advisor in the new division.
Berman comes to the SEC from RiskMetrics Group, a company that focuses on risk management, corporate governance, and financial research and analysis. According to the SEC, Berman held several senior positions during his 11-year tenure at RiskMetrics Group, most recently serving as the head of the global risk business. He also held positions in strategic development, and earlier served as the company's head of market risk. Berman will start his new position the week of September 28.
University of Texas School of Law Professor Henry Hu was named director of the new division in mid-September. The new SEC division combines the Office of Economic Analysis, the Office of Risk Assessment, and other functions that are meant to provide the Commission with sophisticated analysis that integrates economic, financial, and legal disciplines. The SEC says that the division's responsibilities cover three broad areas: risk and economic analysis; strategic research; and financial innovation. "This new division will enhance our capabilities and help identify developing risks and trends in the financial markets," said SEC Chairman Mary Schapiro, in a statement announcing the new division.
Hu said in a release that Gregg will have much to contribute to the new division given his "PhD in physics from Princeton and experience in nuclear research, hedge fund management, and financial modeling and analysis."
Berman said in the same release that he looks forward "to using an interdisciplinary approach, one involving economics, finance, and law, in a way that fairly addresses the needs of Main Street as well as Wall Street."
Prior to his work at RiskMetrics Group, Berman co-managed a private hedge fund, worked for an investment management company, and conducted research in experimental nuclear physics.