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.
- Client Commission Practices and Soft Dollars RIAs should always evaluate whether the products and services they receive from broker-dealers are appropriate. The SEC suggested that an RIAs failure to stay within the scope of the Section 28(e) safe harbor may violate the advisors fiduciary duty to clients, so RIAs must evaluate their soft dollar relationships on a regular basis to ensure they are disclosed properly and that they do not negatively impact the best execution of clients transactions.
In response to the voice vote today (Dec. 11) during debate on the financial services reform bill which struck down the provision that would have allowed the SEC to give FINRA inspection and rulemaking authority over a large segment of investment advisory firms, Investment Adviser Association Executive Director David Tittsworth issued a statement of approbation.
"We are pleased that the House of Representatives recognized that it would be inappropriate for FINRA - the self-regulatory organization for broker-dealers - to exercise inspection and rulemaking authority over investment advisers," said Tittsworth. He thanked his association's members for their hard work on the issue and acknowledged the efforts of the North American Securities Administrators Association, Consumer Federation of America, and other industry organizations that joined together in supporting the Cohen/Frank amendment .
"The fight, however, is far from over as FINRA will continue its lobbying efforts to extend its jurisdiction over investment advisers," Tittsworth continued. "The Senate Banking Committee is still developing its regulatory reform legislation and it appears that the regulatory reform debate will continue into 2010."