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Key Compliance Considerations for Third-Party Vendor Oversight

December 18, 2024 by

FINRA and the SEC focus on protecting clients’ interests by covering all potential risk areas that could harm investors.

One pivotal area for financial firms to consider is their due diligence efforts related to third-party service providers. Third-party service providers are an extension of your firm. Regardless of whether the vendor is deemed critical or non-critical (Read more on this here), if not properly vetted and continuously supervised, weak controls by your vendor can expose your firm, and by extension, your clients to a range of risks.
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Blog | FINRA Broker-Dealer Regulatory Counsel | Formation Services | Investment Adviser Regulatory Counsel (SEC & State) | Investment Advisers | Investment Companies | Regulatory Compliance | Regulatory Examinations & Enforcement Counsel | Regulatory Filings | RIA, Private Fund, BD, etc.

Potential Impact of the CTA Enforcement Ban in Texas Top Cop Shop v. Garland et al.

December 13, 2024 by

On December 3, 2024, the U.S. District Court for the Eastern District of Texas filed a preliminary injunction blocking the enforcement of the Corporate Transparency Act (CTA), which mandates companies disclose beneficial ownership information. This injunction was issued in response to the case, Texas Top Cop Shop v. Garland et al. (Case 4:24-cv-00478). Texas Judge Mazzant, who issued the judgment, ruled that corporate regulation falls under state jurisdiction, not federal.
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Blog | Contract Review | FINRA Broker-Dealer Regulatory Counsel | Investment Advisers | Investment Companies | Regulatory Filings | RIA, Private Fund, BD, etc.

Business Disputes: Mitigate, Mediate and Safeguard – Breach of Contract

December 2, 2024 by

Business litigation encompasses a wide range of legal disputes. It is a risk that comes with operating a company. Business disputes can range from Breach of Contract claims to Client complaints. These conflicts are challenging for any business and can drain resources, damage reputations, and derail business objectives. 

The first defense is knowing and understanding the potential disputes that can threaten the business.  In this Litigation Blog Series titled, “Business Disputes: Mitigate, Mediate, and Safeguard,” we will cover the major disputes that businesses may come across, and steps on how to navigate them.

This post provides an overview of Breach of Contract. Moreso, allegations against a business or business owner for failure to fulfil their obligations under a legal agreement.… Read More

Blog | FINRA Broker-Dealer Regulatory Counsel | Formation Services | Investment Adviser Regulatory Counsel (SEC & State) | Investment Advisers | Investment Companies | Regulatory Compliance | Regulatory Examinations & Enforcement Counsel | Regulatory Filings | RIA, Private Fund, BD, etc.

SEC Releases EXAMS Priorities for 2025

October 23, 2024 by

On Oct. 21, 2024 , the US Securities Exchange Commission (“SEC”) published a press release announcing their 2025 Examination Priorities. Many of the focus areas come as no surprise, as the SEC has diligently alerted industry and investors alike to what their areas of concern have been throughout the year. There are, however, a few areas that registrants may find require an extra review or a deeper dive.… Read More

Blog | FINRA Broker-Dealer Regulatory Counsel | Formation Services | Investment Adviser Regulatory Counsel (SEC & State) | Investment Advisers | Investment Companies | Regulatory Compliance | Regulatory Examinations & Enforcement Counsel | Regulatory Filings | RIA, Private Fund, BD, etc.

Private Funds Adviser Charged for Integration Doctrine Violations

October 15, 2024 by

The Securities Exchange Commission (“SEC”) recently charged a Private Funds Adviser for violations of the Registration and Custody rules, specifically as they relate to integration doctrines.

This is the first SEC enforcement action in over ten years against an Investment Adviser for violations against the Integration Doctrine. The Integration Doctrine is set forth in Rule 152 of the Securities Act of 1933 and prevents the separating of single offerings into multiple offerings to take advantage of exemptions that would otherwise not be available if the offering was not divided.… Read More

Blog | FINRA Broker-Dealer Regulatory Counsel | Formation Services | Investment Adviser Regulatory Counsel (SEC & State) | Investment Advisers | Investment Companies | Regulatory Compliance | Regulatory Examinations & Enforcement Counsel | Regulatory Filings | RIA, Private Fund, BD, etc.

Policies and Procedures- SEC Priorities and Areas of Scrutiny

September 13, 2024 by

As part of any Compliance Program, your Policies and Procedures provide one of the strongest internal controls for what to do, and when. Policies and Procedures are critical for helping to mitigate risk and provide direction to employees on how to comply with the various securities regulations that govern your business. That is why it is so important, prior to year-end, to review and update Policies and Procedures to ensure they are customized to your business practices, with consideration for new regulations and use of technology to help govern your firm.… Read More

Blog | FINRA Broker-Dealer Regulatory Counsel | Formation Services | Investment Adviser Regulatory Counsel (SEC & State) | Investment Advisers | Investment Companies | Regulatory Compliance | Regulatory Examinations & Enforcement Counsel | Regulatory Filings | RIA, Private Fund, BD, etc.

SEC, FINRA Crack Down on “Duty of Care” Violations

August 28, 2024 by

Enforcement actions are once again on the rise. The U.S. Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) are cracking down on violations of “Duty of Care” highlighting the importance of making sure your clients’ best interests are always top of mind.… Read More

Blog | Corporate & Business Formation | Corporate Counsel | Formation Services | Investment Advisers | Investment Companies | Mergers & Acquisitions | Regulatory Compliance | Regulatory Filings | RIA, Private Fund, BD, etc.

Are you a Prime Target for SEC EXAMS? Determining your Risk Quotient and How to Prepare.

August 15, 2024 by

A common question that investment advisers often wonder is: When is the next time the U.S. Securities and Exchange Commission (“SEC”) will examine me?

The answer to this often lies in the risk quotient tied to the firm.

When the last time the adviser was examined, new products and service offerings, and tips, referrals and complaints all factor into this. The SEC has a risk-based approach to determining when advisers should be examined which also can be driven by new rules and resources available to the SEC staff to conduct registrant examinations.… Read More

Blog | Corporate & Business Formation | Corporate Counsel | Formation Services | Investment Advisers | Investment Companies | Mergers & Acquisitions | Regulatory Compliance | Regulatory Filings | RIA, Private Fund, BD, etc.

Considerations for Mergers and Acquisitions in the AI Space

August 5, 2024 by

Contrary to analysts’ predictions, mergers and acquisitions (M&As) did not surge as expected in the first part of the year. However, there is one area that continues to see high activity: M&As in the AI sector. Reuters reported a 42% spike in M&A transactions in technology in the first quarter of 2024, bringing in the largest share of M&A deals in that time period.… Read More

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