More On Legal & Compliancefrom The Advisor's Professional Library
- Nothing but the Best Execution Along with the many other fiduciary obligations owed by RIAs, firms owe a duty to seek best execution of clients transactions. If they fail to do, RIAs violate Section 206 of the Investment Advisers Act.
- 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.
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.