More On Legal & Compliancefrom The Advisor's Professional Library
- Client Communication and Miscommunication RIA policies and procedures must specify what type of communications should be retained. The safest course of action is for RIAs to retain all communicationsto clients, from clients, and about client accounts. To comply with fiduciary obligations, communications must be thorough and not mislead.
- Advertising Advisor Services and Credentials Section 206 of the Investment Advisers Act contains the anti-fraud provision of the statute and ensures that RIAs advertising and marketing practices are consistent with the fiduciary duty owed to clients and prospective clients.
CIT Group Inc.'s holding company filed for Chapter 11 bankruptcy in New York on November 1, a move that was expected but which still constitutes one of the largest bankruptcies in U.S. history. The big lender had received $2.3 billion in December 2008 from the government under the Troubled Asset Relief Program (TARP) to keep it above water, but the weakness of its loan portfolio and its failure to secure financing in the public markets, or FDIC protection, led to the filing. However, the company said it expected to emerge from Chapter 11 by the end of the year, helped by promised line of credit from Carl Icahn, who is CIT's largest bondholder.
As of June 30, CIT and its operating units had $71 billion of assets and $64.9 billion of debt. Under the filing, existing debt would be replaced with new debt, but it's unlikely that the Treasury will get back its entire investment.
"We will be following developments very closely with an eye toward protecting taxpayers ... but as the company's disclosure on the prepackaged bankruptcy makes clear ... recovery to preferred and common equity holders will be minimal," Treasury spokesman Andrew Williams said.