FINRA Broker-Dealer Regulatory Counsel Archives

Considerations for Private Placement Investments

December 20, 2022 by M. Jacko

Today’s current economic marketplace is dynamic. Particularly when volatility peeks in the financial markets, investors and asset managers seek new opportunities for diversification. Thus, alternative investments are an increasingly important part of an investment portfolio.… Read More

Blog | IA Marketing Rule Counsel | Regulatory Compliance | Regulatory Examinations & Enforcement Counsel

Establishing Compliance with the New SEC Marketing Rule

July 14, 2022 by M. Jacko

For years, investment advisers have had their hands tied when it comes to promoting their success through the use of client testimonials. Such marketing efforts, such as positive client endorsements on LinkedIn, have long been prohibited from promotion. Now, with … Read More

Blog | Investment Adviser Regulatory Counsel (SEC & State) | Regulatory Examinations & Enforcement Counsel

Three Steps to take for a Positive SEC Examination Experience

April 7, 2022 by Jacko Law Group, PC

Your firm is notified that the SEC is coming. It spends weeks reviewing all policies and procedures and participating in a mock SEC exam, to help the registrants’ employees prepare. But what other steps should be taken to help achieve … Read More

Blog | Investment Adviser Regulatory Counsel (SEC & State) | Regulatory Examinations & Enforcement Counsel

Red Flags: How to Prepare Your Team for an SEC Visit

March 31, 2022 by Jacko Law Group, PC

The financial securities industry has an ever-changing regulatory environment. That’s why it’s critical that advisors are proactive about keeping up with the latest regulations, anticipating their implications for real-world scenarios, and understanding how to meet the expectations of the U.S. … Read More

Annual Reviews & Risk Assessments | Blog

Protecting Your Firm Through Risk Management

June 3, 2021 by Jacko Law Group, PC

You have successfully formed your investment advisory firm and your business is up and running. Now you want to ensure that your firm remains in compliance with the SEC, FINRA and state regulators so that, in the event a regulatory agency DOES come knocking, you are ready to handle the examination.

Blog | FINRA Broker-Dealer Regulatory Counsel

Five Investor Protections to Remember When Finalizing FINRA Pre-dispute Arbitration Agreements

May 18, 2021 by M. Jacko

Investment advisers should promptly review language used in mandated pre-dispute arbitration agreements in response to Regulatory Notice 21-16 recently issued by the Financial Industry Regulatory Authority (FINRA). The Notice serves as a cautionary yellow light for firms that may be inclined to limit investor protections by improperly including adviser-friendly terms that ignore specific FINRA disclosure requirements.

Blog | FINRA Broker-Dealer Regulatory Counsel

FINRA Report Suggests Growing Need for Enhanced Risk Management in Cybersecurity and Outside Business Activities

March 12, 2021 by Jacko Law Group, PC

Firms that have seen the recently released 2021 Report on the Financial Industry Regulatory Authority’s (FINRA’s) Examination and Risk Monitoring Program (the “Report”) should be formulating plans to fortify their compliance programs based on the noteworthy findings shared from recent FINRA exams. The Report provides firms with valuable insight into 18 regulatory topics categorized by Firm Operations, Communications and Sales, Market Integrity, and Financial Management.

Legal Risk Management Tips

2020 SEC Enforcement Cases and Guidance: A Year in Review

December 15, 2020 by Jacko Law Group, PC

The Securities and Exchange Commission’s (“SEC”) Division of Enforcement released its Annual Report (the “Report”) last month, which discusses enforcement cases and responses that occurred during the 2020 fiscal year.… Read More

Blog | Broker-Dealers

SEC Proposes a Big Exemption to Assist Small Businesses in Raising Much-Needed Capital

October 20, 2020 by Jacko Law Group, PC

The COVID-19 pandemic has decimated small business at an unprecedented rate and sent the U.S. unemployment rate to its highest level since the Great Depression, reaching a high of 14.7% in April 2020.

Blog

Remaining Vigilant Against Investment Fraud During the COVID-19 Pandemic

September 22, 2020 by Jacko Law Group, PC

Stress created by high jobless rates. Acrimonious political debate over acceptable levels of federal assistance. Rampant fear and uncertainty while awaiting the arrival of an effective coronavirus vaccine.