Author: M. Jacko

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Investment Adviser Regulatory Counsel (SEC & State) | Investment Advisers | Investment Companies | Legal Risk Management Tips | Regulatory Compliance | Regulatory Examinations & Enforcement Counsel | RIA, Private Fund, BD, etc.

Top SEC Enforcement Actions of 2024 and What Investment Advisers and Broker-Dealers Can Learn from Them

December 20, 2024 by

The U.S. Securities and Exchange Commission (“SEC”) continued to play a vital role in ensuring firms’ compliance with securities regulations in its mission to protect investors and promote transparency. In 2024, enforcement actions resulted in a record-breaking $8.2 billion in financial remedies. Interestingly, the number of enforcement actions dropped by 26% compared to 2023, as the SEC adopted a new strategy of high-impact actions and promoting self-reporting.

Areas that received the most scrutiny this year included emerging technology and alternative currency, off-channel communications, and cybersecurity.

This month’s Risk Management Tip focuses on five key SEC enforcement actions and violations of 2024, and how investment advisers, broker-dealers, and others can use these lessons to enhance their compliance programs and avoid costly mistakes.… Read More

Industry Publications | Investment Advisers | Investment Companies | Regulatory Compliance | Regulatory Examinations & Enforcement Counsel | RIA, Private Fund, BD, etc.

Regulatory Focus On Off-Channel Communications: What You Need to Know for Your Compliance Program

October 15, 2024 by

Director of Operations and Counsel Kathryn Konzen, Esq. explores the vulnerabilities to cyberattacks in the financial sector in the article titled “Cybersecurity: Regulatory Compliance, Attacks, and Risk Mitigation,” published in GRC Outlook. The article offers insight into why the sector remains a target for cybercriminals and how to mitigate cyber risks.… Read More

Annual Reviews & Risk Assessments | Investment Adviser Regulatory Counsel (SEC & State) | Investment Advisers | Investment Companies | Legal Risk Management Tips | Regulatory Compliance | Regulatory Examinations & Enforcement Counsel | RIA, Private Fund, BD, etc.

Leadership Succession Planning is a Must for Risk Mitigation

July 30, 2024 by

Succession planning is an integral part of any business’s long-term objectives toward continuity. It is important to have a comprehensive, frequently reviewed, and updated plan that lays the blueprint for what happens when the head of a business or other key members of the organization are on a planned or unexpected leave of absence. Businesses that do not have a succession plan could face many challenges, especially if the departure of the owner is unexpected. However, for small to midsized firms, the challenges could be crippling. … Read More

Client Contracts, Independent Contractor & Employee Agreements & Other Documents | Due Diligence Counsel | Investment Adviser Regulatory Counsel (SEC & State) | Investment Advisers | Investment Companies | Legal Risk Management Tips | Regulatory Compliance

Working with Outside Managers: Third-Party Asset Managers or Sub-Advisers – What is the Difference?

February 28, 2024 by

Investment advisers understand that selecting a portfolio which meets a client’s goals and objectives is a fiduciary duty. Sometimes, this involves working with outside managers such as sub-advisers or a third-party asset manager (“TPAM”) who have specialized investment management knowledge to further diversify a client’s portfolio investments. … Read More

Annual Reviews & Risk Assessments | Investment Adviser Regulatory Counsel (SEC & State) | Investment Advisers | Legal Risk Management Tips | Private Fund Counsel | Regulatory Compliance

What We Learned from the Recent SEC Risk Alert on Investment Adviser Examinations

September 19, 2023 by

In this months’ Jacko Law Group, PC (“JLG”) Risk Management Tip, we will provide a summary of the 2023 SEC Examination priorities which highlight those particular areas of focus by EXAMS this year. We will then explore the most recent SEC Risk Alert and discuss recent SEC guidance on how to better understand the SEC’s risk-based approach to examinations. Finally, we will also consider steps you can take to help prepare for and achieve a positive SEC examination experience.… Read More

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