Investment advisers, firms, and other practitioners in the finance and securities space will have to incorporate several new rules to ensure they continue to meet regulatory requirements. These include industry-specific rules and amendments, as well as changes to federal and state laws. One such change is the classification of independent contractors, which will go into effect on March 11, 2024.… Read More
Investment Advisers who fail to adopt or acknowledge the societal mind-shift towards sustainability may lose out on potential investors.
Whereas such shifting trends may have been ignored several years ago, overlooking the importance of incorporating investments that adhere to responsible Environmental, Social, and Governance (ESG) practices may border on an investment adviser’s failure to act in the best interest of their investors.
However, it is advisable to take the necessary steps to mitigate risk when adding ESG investment assets to clients’ portfolios.… Read More
For investment advisers, the Form ADV captures the most important attributes of their services, and it is important to spend time ensuring that investors have enough to make an informed decision about selecting a wealth manager. Thus, we highly recommend that you pay extra attention to disclosures, and in this case, more is more. When it comes to 2024 ADV filings, our mantra is, “Err on the side of caution, and when in doubt – DISCLOSE.”… Read More
Inflation, high interest rates and geopolitical instability have influenced market momentum, which has in turn encouraged a highly intentional, risk-averse approach to business growth.
Businesses remain dedicated to aggressive development especially in the wake of the AI boom that is said to ramp up even more next year. However, in the effort to mitigate as much risk as possible, Mergers and Acquisitions will take center stage in 2024.… Read More
The Financial Industry Regulatory Authority (FINRA) is requesting that broker-dealers submit information on their Mission Critical vendors through the FINRA Vendor Questionnaire. FINRA is requesting that all firms including RSA Exchange members submit their forms by December 29, 2023.… Read More
Compliance in the advisory sector is ongoing and demanding. However, after decades of helping investment companies, investment advisers, broker-dealers and more with their compliance needs, there is one thing the Jacko Law Group team can attest to – a structured and consistent approach bolsters your risk mitigation efforts and strengthens your regulatory compliance program. This is especially true for highly scrutinized areas such as business communications, especially text messaging, and off channel communications.… Read More
Advisory businesses and professionals have experienced a lot of changes to regulations this past year, which has made it understandably challenging to remain compliant. With many regulations going into effect in 2024, and regulatory bodies’ commitment to enforcing those regulations, there is no time like the present to undertake a robust and comprehensive year-end review of your compliance program. … Read More
On November 2, 2023, the U.S. House of Representatives Financial Services Subcommittee on Capital Markets held a hearing on what was termed, ‘The SEC’s Agenda: Unintended Consequences for U.S. Capital Markets and Investors” to explore whether the enforcement actions and new proposals and regulations put forth by the SEC was inadvertently harming the market.… Read More
What does the new Digital Financial Assets Law mean for firms and individuals in the investment advisory space?
Investment companies and investment advisers managing digital assets may be required to comply with regulations under the new Digital Financial Assets Law. Conversely, broker-dealers are exempt along with banks and technology network providers. In addition, the new law exempts individuals or entities who manage digital asset securities which is a digital financial asset pegged against government-backed currency.
… Read More
The U.S. Securities and Exchange Commission has charged Titan Global Capital Management over $1 million for violating the SEC’s new marketing rule. The New York-based RIA was charged with misrepresenting hypothetical performance metrics in advertising when it promoted a crypto investment strategy with returns as high as 2,700%.
The company is the first to face SEC enforcement actions under the new Marketing Rule, setting the precedence that the SEC is paying close attention to advisers who disregard or fail to meet the requirements of the investment adviser Marketing Rule. … Read More