The SEC's Division of Enforcement has announced that it has sanctioned sixteen registrants for "widespread and long-standing recordkeeping failures" relating to their failure to maintain "off channel" communications sent via text messages.[1] The respondents in these cases include...
The SEC has announced its settlement of an enforcement action against a dually-registered broker-dealer and investment adviser for violations of a Whistleblower rule under the Securities Exchange Act of 1934, Rule 2F-17(a). This rule prohibits any SEC registrant from taking any action...
On July 31, the SEC Division of Examinations ("Division") published a risk alert ("Risk Alert") regarding anti-money laundering ("AML") compliance examinations of broker-dealers. The Risk Alert highlights the Division's observations that: some broker-dealers "did not appear to devote...
As we previously informed you, in March 2023, the SEC published for comment proposed rules that would revise Regulation S-P to require SEC registrants to provide breach notices to customers and consumers in the event such persons' non-public personal information is breached.
As we previously informed you, in March 2023, the SEC published for comment proposed rules that would require various registrants, including broker-dealers and transfer agents among others, to adopt and implement written cybersecurity risk programs.
Yesterday, the SEC published for comment proposed revisions to Rule 248.30 in Regulation S-P. This is the section of the regulation that requires the safeguarding of customer records and information and the disposal of consumer report information. The proposed revisions are summarized...
Last month, the Securities and Exchange Commission adopted amendments that will impact certain insider trading plans under Rule 10b5-1 under the Securities Exchange Act of 1934 and related disclosure.
On January 11, 2023, the Securities and Exchange Commission Division of Investment Management staff issued a new FAQ regarding the presentation of gross and net performance of a single investment or a group of investments in a private fund under the Investment Adviser Marketing Rule.
The Office of Information and Regulatory Affairs released the Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions on January 4, 2023. The agenda includes regulatory actions that the Securities and Exchange Commission and Commodity Futures Trading Commission expect to take...
