More On Legal & Compliancefrom The Advisor's Professional Library
- Differences Between State and SEC Regulation of Investment Advisors States may impose licensing or registration requirements on IARs doing business in their jurisdiction, even if the IAR works for an SEC-registered firm. States may investigate and prosecute fraud by any IAR in their jurisdiction, even if the individual works for an SEC-registered firm.
- 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.
The Securities and Exchange Commission’s Office of Compliance Inspections and Examinations issued a risk alert on Tuesday warning advisors to be careful when recommending alternative investments like hedge funds, private equity funds or funds of private funds to clients.
The SEC examined a small group of advisors to pension plans and funds of private funds with approximately $2 trillion in investor assets to assess their strengths and weaknesses as far as due diligence.
Some firms are not reviewing their due diligence policies and procedures regarding alternatives in their annual reviews. Marketing materials might also be misleading clients on how extensive the due diligence process is, and some firms’ processes might be different from what is described in disclosures.
Furthermore, the SEC noted that while many of the advisors examined had written due diligence policies in place and those that didn’t had at least an informal process, those with written policies were more likely to follow them consistently.
Advisors who use third-party service providers should also conduct reviews of those providers to make sure they’re abiding by their agreements, the alert said.
The alert acknowledged that advisors are performing due diligence when investing client assets in alternatives. Compared with previous examinations, advisors are more frequently going directly to the managers of alternative investments for information. The alert noted that managers are often reluctant to share too much information about their investments; consequently, successfully getting information from managers was a result of negotiation between advisors and managers.
Another due diligence trend is that advisors are supplementing the data they do receive from managers with third-party research and additional quantitative analysis and risk assessment. The alert said advisors used risk aggregators and service providers like administrators, custodians and auditors to conduct due diligence on alternatives. In some cases where advisors were unfamiliar with a service provider, they would conduct due diligence on it, too.
Some advisors refused to invest with private alternative funds if they didn’t have an independent third-party administrator, according to the alert.
“Money continues to flow into alternative investments," said OCIE Director Drew Bowden. "We thought it was important to assess advisors’ due diligence processes and to promote compliance with existing legal requirements, including the duty to ensure that such investments or recommendations are consistent with client objectives.”
Check out Schwab’s Sonders: Today’s Market Is Best We’ll Ever See on ThinkAdvisor.