More On Legal & Compliancefrom The Advisor's Professional Library
- The Custody Rule and its Ramifications When an RIA takes custody of a clients funds or securities, risk to that individual increases dramatically. Rule 206(4)-2 under the Investment Advisers Act (better known as the Custody Rule), was passed to protect clients from unscrupulous investors.
- 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.
The President’s Working Group on Financial Markets (PWG) has released a report detailing options for reforms related to money market funds. The report particularly focuses on the vulnerabilities of money funds and how to avoid another run on money market funds that occurred when Lehman Brothers failed in September 2008.
Following the financial meltdown in 2008, the Treasury Department directed the PWG to develop this report to “assess options for mitigating the systemic risk associated with money market funds and reducing their susceptibility to runs,” which refers to the rapid redeeming of money market fund shares that occurred during the crisis. The PWG states in the report that while it agrees a number of positive reforms have been implemented, more should be done to address money market funds’ susceptibility to runs.
With its report in hand, the PWG is now requesting that the Financial Stability Oversight Council (FSOC), established by the Dodd-Frank Wall Street Reform and Consumer Protection Act, “consider the options discussed in this report and pursue appropriate next steps.” The PWG states that the Securities and Exchange Commission, which regulates money market funds, will assist the FSOC in any analysis and that the SEC will solicit public comments, “including the production of empirical data and other information in support of such comments.” A notice and request for comment will be published in the near future.