More On Legal & Compliancefrom The Advisor's Professional Library
- Using Solicitors to Attract Clients Rule 206(4)-3 under the Investment Advisors Act establishes requirements governing cash payments to solicitors. The rule permits payment of cash referral fees to individuals and companies recommending clients to an RIA, but requires four conditions are first satisfied.
- Updating Form ADV and Form U4 When it comes to disclosure on Form ADV, RIAs should assume information would be material to investors. When in doubt, RIAs should disclose information rather than arguing later with securities regulators that it was not material.
SEC Chairman Mary Schapiro told chief compliance officers attending the Commission's second CCOutreach national seminar at SEC headquarters in Washington January 26 that since more and more firms registered with the SEC are either dually registered as broker/dealers and investment advisors, or have affiliates that represent each type of firm, the SEC has begun "much greater collaboration between the broker/dealer and advisor examination programs, resulting in successes at uncovering wrongdoing and determining the full nature and extent of fraudulent schemes." Recent enforcement actions have included failure to disclose material conflicts of interest, Ponzi schemes, fraudulent investment schemes, illicit trading on behalf of customers, insider trading, and improper valuation of client accounts.
Schapiro noted that Carlo DiFlorio, the new director of the SEC's Office of Compliance Inspections and Examination (OCIE), plans to "think about ways we can better integrate our examinations of investment advisors, broker/dealers, and mutual funds." Schapiro also said the SEC continues its search for staff with expertise in particular areas and also bolstering its training programs. She said SEC examiners are receiving "regular and relevant training," with more than 300 becoming certified fraud examiners last year alone.
The Commission is also "seeking input from staff with expertise in areas where risk-targeted examination sweeps might uncover fraudulent acts - or might provide valuable insight on strong compliance practices," Schapiro said. For instance, SEC staff is currently conducting an examination sweep targeting more than 50 registrants across the U.S. and the UK, she said. The sweep "focuses on the manner in which investment advisors that manage CDOs, hedge funds, and other vehicles that hold asset-backed securities and other structured products have managed those assets under the ongoing stresses of the credit market."