SEC Amends Accredited Investor Definition

The SEC yesterday amended the definition of an “Accredited Investor” to allow investors to qualify based on their professional knowledge, experience or certifications, in addition to the existing tests for income and net worth. The amendments also expand the list of entities that may qualify as accredited investors.

0 Comments

SEC Proposes Significant Amendments to Advertising and Solicitation Rules

The SEC announced yesterday that it voted to propose amendments to update and modernize rules under the Investment Advisers Act of 1940 (“Advisers Act”) relating to advertising and payments to solicitors. Amendments are also proposed to Form ADV, the investment advisor registration form, and the books and records rule to reflect the changes proposed to the advertising and cash solicitation rules.

0 Comments

SEC ADOPTS FORM CRS AND OTHER RULES

The SEC adopted today a number of rulemakings and interpretations focused on bringing greater quality and transparency to the relationships between retail investors and investment advisors and broker-dealers. Of special interest to investment advisors is a new Form CRS Relationship Summary and an interpretation under the Investment Advisers Act of 1940 regarding the fiduciary duty of investment advisors.   

0 Comments

New SEC Risk Alert on Regulation S-P

The SEC’s Office of Compliance Inspections and Examinations (“OCIE”) has issued a risk alert relating to Regulation S-P, which requires SEC registered investment advisors to, among other things, provide privacy notices to their customers and adopt written safeguarding policies and procedures to safeguard customer information.

0 Comments

New SEC Alert on the Cash Solicitation Rule

On October 31, 2018, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) issued a risk alert providing investment advisors with information regarding the most common deficiencies SEC staff have cited relating to Rule 206(4)-3 (the “Cash Solicitation Rule”) under the Investment Advisers Act of 1940.

0 Comments