Jacko Law Group wrote the article “Remarkable Growth in ESG Investing Prompts New SEC Task Force Focused on Red-Flagging Examples of Corporate Greenwashing,” in May 2021.… Read More
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.
The first few months of 2021 have marked a clear shift in how the U.S. Securities and Exchange Commission (SEC) could soon start holding corporations to a much higher standard of accountability for actions that harm investors. A central theme of the SEC’s emerging mindset, as stated in a March 9, 2021, speech by Commissioner Caroline Crenshaw is the belief that corporate culture comes from the top and there is a strong need to incentivize companies to foster a culture of compliance, not misconduct.
Managing Partner Michelle L. Jacko’s article, "Social Media in 2021 – Are Advisers Subject to the Old Rules or New Rules? And What Then?," was published in the February 2021 issue of IAA’s Newsletter.… Read More
Michelle L. Jacko wrote the article titled Why Advisory Fees and Expenses Remain a Continued Regulatory Focus which was published in the National Society of Compliance Professionals (NSCP) Currents’ January, 2021 issue. … Read More
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
It’s that time of year again for many investment advisory firms when Compliance departments often spend the end of the calendar year reviewing their policies and procedures to meet the annual requirements set forth in Rule 206(4)-7, better known as the “Compliance Rule” under the Investment Advisers Act of 1940.
Michelle L. Jacko wrote the Legal Risk Management Tip, “Why Advisory Fees and Expenses Remain a Continued Regulatory Focus,” in November for Jacko Law Group.… Read More
In a previous blog post, we discussed a few key areas for consideration regarding a firm’s annual review. We covered the integral area of the Code of Ethics – but in today’s blog post we focus on the importance of analyzing your firm’s policies regarding custody.
The annual review is one of the three (3) pillars of Rule 206(4)-7 (“the Compliance Rule”) of the Investment Advisers Act of 1940 (“the Advisers Act”).