More On Legal & Compliancefrom The Advisor's Professional Library
- 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.
- 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.
The Financial Industry Regulatory Authority announced Wednesday that Direct Edge, the third largest stock exchange operator in the U.S., has agreed with FINRA to provide market surveillance services on behalf of Direct Edge's two licensed stock exchanges.
Under the agreement, FINRA says that it will have “surveillance oversight of more than 90% of U.S. equities trading volume.” With a “nearly complete view of market activity,” FINRA says it will be able to “expand its role as an investor guardian by identifying abusive activity across multiple markets.”
Richard Ketchum (right), FINRA’s CEO, said in a statement, “Our comprehensive cross-market surveillance patterns will soon cover over 90% of the listed equities market and allow FINRA to better pursue potential cross-market abuses and more quickly identify new threats to the fairness and integrity of our markets.”
Allowing for necessary technical and operational configuration changes, Direct Edge said in the statement that it expected the new arrangement to become effective in the fourth quarter. Currently, FINRA performs examination and disciplinary services on behalf of Direct Edge. With this agreement, all of Direct Edge's third-party regulatory services will be consolidated with FINRA.
“The stock market ecosystem is tightly interconnected, and its surveillance is well-served by FINRA’s holistic view of the market," said William O'Brien, Direct Edge’s CEO. “Detecting trading patterns spanning multiple exchanges and other market centers will enhance market integrity and, in turn, boost investor confidence that improper conduct and bad actors can be detected and punished.”