The new rule (Marketing Rule) replaces two rules under the Advisers Act, rule 206(4)-1 (Marketing Rule), originally adopted in 1961, and rule 206(4)-3 (Solicitation Rule), originally adopted in 1979. The Marketing Rule reflects market, technological and regulatory changes that have occurred since the rules were originally adopted. Read More

The SEC’s Office of Compliance Inspections and Examinations recently published an alert summarizing its exams of investment advisers operating out of multiple locations. Read More

According to OCIE’s 2020 examination priority list, new investment advisors and those investment advisors registered but never examined prior, can expect a greater likelihood of examination in 2020. Read More

In fiscal year 2019 (which runs from October to September), the SEC reported a total of 862 enforcement actions, including 526 “standalone” actions filed in either federal court or as administrative proceedings, which was its highest number of standalone actions since 2016. Read More

The SEC announced it has voted to adopt a new rule and form amendments designed to modernize the regulation of ETFs. Read More

The Report contains many of the same priorities that were included in the 2018 Examination Priorities but with an increased focus on digital assets. Read More

The SEC is looking to limit whistleblower payouts after doling out tens of millions of dollars in a recent case. The SEC voted 3-2 to propose a limit after an $83 million award was given back in March to three informants – the largest payday in the history of the SEC’s whistleblower program. Read More

Move over BrokerCheck – the SEC has recently launched an online search feature that enables investors to research whether the person trying to sell them investments has a judgement or history of enforcement actions. Read More

Earlier this month, the SEC announced it charged a registered municipal advisor and its owner with defrauding their client, a Texas school district, in connection with multiple municipal bond offerings. Read More

The SEC’s exam division recently released a Risk Alert detailing the top six compliance failures relating to fees and expenses charged by investment advisors, as identified through client deficiency letters. Read More