Books and Records

Do You Know Where Your Books And Records Are? Advice From The Experts

Take this test. How did you calculate the performance youre currently using in marketing materials or on your web site? Could you recreate it – accurately, based on real records – if the SEC showed up at your door? Does the thought of that exercise send chills down your spine?Just bringing up the subject of […]

Omgeo Wins SEC Approval to Maintain Certain Adviser Records

Recordkeeping just got a little more efficient, thanks to no-action relief obtained by Omgeo on August 14. Omgeo, a joint venture of DTCC and Thompson Reuters, offers global trade settlement services that generate and electronically deliver trade confirmations to advisers on behalf of the effecting brokers. Now, Omgeo may offer advisers a supporting recordkeeping service […]

Donohue and Sirri Discuss SEC Hot Topics

Wouldnt it be great to get the heads of the SECs Divisions of Investment Management and Trading and Markets together and ask them about the status of key regulatory projects affecting investment advisers?At last weeks IA Week/IAA conference in Washington, D.C., Investment Adviser Association executive director David Tittsworth did just that. IA-BD harmonization. Tittsworth began […]

SEC Sues Portfolio Manager Over Committee Minutes

If you tell investors that your firm has a certain type of committee, you better make sure that that committee actually exists and holds meetings. If SEC examiners ask for a copy of committee meeting minutes, and you discover they dont exist, you better not whip up a batch of minutes on the spot. And […]

OCIE Posts Model Exam Request List

OCIE finally has posted a list of the core documents that will be initially requested by the staff during investment adviser examinations. Additional documents will be requested for advisers with specialized businesses, such as mutual funds, hedge funds, and wrap fee programs. Of note: the SEC staff is going to be looking for OFAC policies […]

Form ADV, Books and Records, Fund Boards: Update from the Division of Investment Management

Weve learned a bit more about the timing and substance of several Division of Investment Management projects: Form ADV. The SEC is planning to consider the adoption of Form ADV Part 2 in just a few short weeks. “The tentative schedule for consideration of final amendments to Form ADV, Part 2, is early December 2008,” […]

Update on Timing of Division Projects

Waiting for Form ADV Part 2? Final Reg. S-P rules? Dont hold your breath. Speaking at last weeks NSCP conference in Philadelphia, Division of Investment Management official Jennifer McHugh declined to make any predictions about the timing of specific projects. ADV Part 2. “I can tell you that the staff is actively working on preparing […]

Compliance in the Midst of a Market Crisis

Here is a suggested list of steps to take, tests to perform, and risks to evaluate during the current market crisis.

A Bit More About That DOL-SEC MOU

So how big a deal is it that the SEC has given the Department of Labor “standing access” to its examination files (see IM Insight, August 4, 2008)?IM Insights been told that the SEC examination staff has been sharing examination documents with DOL for some time now, and that the recent MOU was intended to […]

Getting Practical With GIPS: Tricks and Traps For Advisers to Watch For

No one ever said that GIPS compliance is easy.

Audio Interviews

How to Read an SEC Enforcement Action

Stern Tannenbaum law firm partner Aegis Frumento on how to get the most from reading an SEC administrative order or court complaint.

Most Important Supreme Court Decisions for Advisers and Funds

Find out the high court decisions from recent years that are likely to affect how advisers and investment companies work from Debevoise partner Robert Kaplan. 

Top 10 Cybersecurity Steps to Take Now

Sutherland law firm partner Brian Rubin shares the most urgent cybersecurity steps for investment advisers.

Top Marketing Problems … and Solutions

Get solutions for the top marketing challenges that advisers face from ACA Compliance Group managing director Kimberly Daly

Watch Out for 5 Cybersecurity Myths

ACA Aponix Director Pascal Busnel on the most common cybersecurity myths that may cause firms to spend resources where they may not be needed.

The Hidden Costs of Non-Compliance

Proskauer law firm partner and former SEC Division of Investment Management deputy director Robert Plaze on why the costs of non-compliance go way beyond an SEC penalty.

CCO Liability: How to Protect Yourself

Find out from Blue Edge Capital CCO Margaret Fretz what chief compliance officers may be liable for and best practices to make sure you are protected.

Ethics or Compliance: Making the Choice

Find out the difference an ethics, rather than a compliance, perspective makes at an advisory firm from former Ethics and Compliance Officer Association COO Timothy Mazur.