Responding to the Bernie Madoff Ponzi scheme–and many more that have been alleged since–the Securities and Exchange Commission issued a proposed rule May 14 that would put tighter controls on investment advisors who maintain custody of their clients’ assets.
The proposal promotes what the SEC calls “independent custody,” which SEC Chairman Mary Schapiro said at the meeting means “taking the assets out of the control of the advisor or affiliate of the advisor and putting them in the control of a truly independent third-party.” The proposed rule would also require “surprise” audits, including those that are PCAOB registered and inspected, as third-party check on “custody controls and client assets,” Schapiro said.
Right now, approximately 9,600 SEC registered investment advisers have custody of client assets, in one form or another, Schapiro said, which “means that they either physically control the assets directly or through an affiliate or have the authority to withdraw their clients’ funds.”