More On Legal & Compliancefrom The Advisor's Professional Library
- Dealings With Qualified Clients and Accredited Investors Depending upon an RIAs business model and investment strategies, it may be important to identify “qualified clients” and “accredited investors.” The Dodd-Frank Act authorized the SEC to change which clients are defined by those terms.
- Anti-Fraud Provisions of the Investment Advisers Act RIAs and IARs should view themselves as fiduciaries at all times, whether they meet the legal definition or not. Deviating from the fiduciary standard of full disclosure while courting clients may cause the advisor significant problems.
The Financial Industry Regulatory Authority (FINRA) announced Monday that it has hired Robert L. D. Colby as its chief legal officer to oversee the corporate and regulatory functions of the Office of General Counsel, along with the Regulatory Policy Group, which, in part, is responsible for implementing FINRA's Corporate Financing and Advertising rules.
Colby, who is currently a partner in the Washington office of Davis, Polk & Wardwell focusing on regulatory and compliance matters involving securities and derivatives, will join FINRA on June 18.
"Bob is a perfect match for this key position and an excellent addition to our management team," said Richard Ketchum, Chairman and CEO of FINRA, in a statement. "Bob's unparalleled expertise in both regulatory and corporate law makes him uniquely suited to be FINRA's first chief legal officer."
Before joining Davis Polk, Colby spent 28 years at the Securities and Exchange Commission, most recently as deputy director of the Division of Trading and Markets. He also served as the chief counsel of Trading and Markets and chief of the division's Branch of Market Structure.
FINRA's general counsel, Grant Callery, who joined FINRA (then the National Association of Securities Dealers) in 1979, has announced he will retire Oct. 1. Marc Menchel, general counsel for regulation, is leaving FINRA June 1 and returning to the private sector. "I want to thank Grant and Marc for their extraordinary service to the organization, especially their work around the consolidation agreement between NASD and NYSE Member Regulation, which led to the creation of FINRA in 2007," Ketchum said.