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FINRA Provides Important Guidance on IRA Rollovers
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This month, the Financial Industry Regulatory Authority (“FINRA”) released a regulatory notice reminding member firms of their responsibilities concerning individual retirement account (“IRA”) rollovers and potential conflicts of interest. A conflict exists when brokerage firms have an economic incentive to…

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SEC Enforcement Results for Fiscal Year 2013 Published
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As part of its “Fiscal Year 2013 Agency Financial Report” released by the Securities and Exchange Commission (“SEC”) on December 17, 2013, the SEC discussed how the agency’s new and “more aggressive enforcement actions” fared in 2013.  According to the…

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Practice What You Preach – Adherence to Policies & Procedures
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The Securities and Exchange Commission (“SEC”) recently ordered a cease-and-desist against hedge fund adviser Agamas Capital Management, LP (“Agamas”).  The SEC alleged, among other things, that Agamas failed to adopt and implement written compliance policies and procedures as required by…

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California’s DBO – On The Cutting Edge of Communication
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On November 22, 2013, the Commissioner of Business Oversight (“Commissioner”) and the California Department of Business Oversight (“DBO”) issued an order affecting all broker dealers and investment advisers (and any other businesses engaged in financial transactions) which are licensed to…

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Regulatory Continuing Education – Staying Ahead of the Curve
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As the year comes to a close, it is essential for firms to consider end-of-the-year training programs, both now and throughout 2014. The Securities Industry/Regulatory Council on Continuing Education (the “Council”) recently published their Firm Element Advisory (“FEA”) release…

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Requirements of Rule 506(d): Bad Actors
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As a continuation of last week’s entry, this blog focuses on other considerations for general solicitation under Rule 506(d) of Regulation D, including the condition that the issuer takes reasonable care to verify that each person involved in the…

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Requirements of Rule 506(c): Reasonable Steps
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This September, the Securities and Exchange Commission (“SEC”) modified Regulation D and created new Rule 506(c), allowing general solicitation and advertising by issuers of private funds pursuant to certain conditions.  These conditions require, among other things, that issuers relying on…

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