RegEd Regulatory Affairs Team, Author at RegEd.com

Year-End Considerations for Investment Adviser Representatives: Navigating Complex CE Requirements and Potential Non-Compliance Risks

As the year draws to a close, it’s crucial for Investment Adviser Representatives (IARs) and Investment Advisers (IAs) to be acutely aware of the Investment Adviser Representative Continuing Education (IAR CE) requirements and the consequences of non-compliance. This blog post aims to highlight key points on what needs to be considered as we approach year-end, focusing on CE compliance, potential administrative terminations, and strategies for addressing these challenges. Understanding the Risks of Non-Compliance with IAR CE Requirements Potential Administrative Termination for IARs Two-Year Backlog Risk: IARs who are behind on their IAR CE for two years face the risk of […]

Navigating Regulatory Disparities: Broker-Dealer Branch Office Inspections

Introduction The financial services industry is constantly evolving, and regulatory bodies play a pivotal role in protecting investors as well as maintaining the integrity and stability of the markets. Recent enforcement events are at the center of a regulatory conundrum. Maine has sanctioned at least 28 broker-dealers so far this summer for failing to conduct annual onsite branch office inspections, drawing attention to the compliance challenges broker-dealers faced due to the lack of uniformity within the regulatory landscape. Maine isn’t the only state with an annual onsite branch office inspection requirement. The Regulatory Dilemma The heart of the issue lies […]

Regulators Crackdown on Off-Channel Communications Violations

SEC and CFTC issue penalties for non-compliance with approved communication channel requirements Recent developments involving compliance breaches and off-channel communications have brought the topic into the spotlight. Two significant cases, one by the Commodity Futures Trading Commission (CFTC) and another by the Securities and Exchange Commission (SEC), underscore the importance of adhering to regulatory standards in this area. In this blog post, we dive into the details and implications of these recent enforcement cases and how firms can leverage training and technology to reduce non-compliance risk. CFTC’s Message: Unapproved Communication Methods Lead to Penalties The CFTC has taken a firm […]

FAQs for IAR CE: What to Know About NASAA’s Investment Adviser Representative Continuing Education Model Rule

Several states have adopted and implemented investment adviser representative continuing education (IAR CE) requirements, while many other states continue to join them in implementing these new requirements. Once implemented, Investment adviser representatives have until the compliance date to meet IAR CE requirements if they conduct advisory business in a state that has adopted the North American Securities Administrators Association (NASAA)’s Investment Adviser Representative Continuing Education Model Rule. As an approved IAR CE provider, RegEd answers some of the most common questions that IARs and firms have about these first-time requirements. To see a map of adopted states, visit here. Implementing […]

New States Adopt NASAA IAR CE Model Rule, California Expected To Join

Investment adviser representatives (IARs) are required to meet Investment Adviser Representative Continuing Education (IAR CE) requirements annually if registered in a state that has adopted the North American Securities Administrators Association (NASAA)’s Investment Adviser Representative Continuing Education Model Rule. There are currently eleven (11) states that have adopted and implemented the IAR CE requirement. An additional four (4) states have adopted the IAR CE model rule with an implementation date of Jan. 1, 2024, among them is the state of Florida. More states, including California, are expected to adopt IAR CE requirements this year. With the possible addition of California, […]

SEC Releases Risk Alert on Adviser Marketing Rule Outlining Key Areas of Focus for Examinations

The Securities and Exchange Commission (SEC) recently published a risk alert highlighting additional areas of focus in relation to the amended Marketing Rule. In 2020, Rule 206(4)-1 under the Investment Advisers Act of 1940 was amended to modernize rules that govern investment adviser advertisements and payments to solicitors. The first risk alert was published September of 2022 and detailed performance advertising, substantiation, policies and procedures, and books and records requirements. In addition to the initial Marketing Rule exam areas of review, the recent alert emphasizes three key areas of additional emphasis: testimonials and endorsements, third-party ratings, and Form ADV. The […]

FINRA Introduces New Remote Inspections Pilot Program

Three-Year Pilot Program Seeks to Modernize Inspection Process for OSJs, Branch Offices, and Non-Branch Locations The Financial Industry Regulatory Authority (FINRA) has withdrawn its original remote inspection pilot program from 2022 and proposed a new pilot initiative. This revised program aims to bring the inspection process for Office of Supervisory Jurisdiction (OSJ), branch offices, and non-branch locations into the modern era. The proposed pilot program is currently open for public comment. Risk Assessments and Preaudit Questionnaires The pilot program, which is set to last for three years if approved by the Securities and Exchange Commission (SEC), would require participating firms […]

Insurance Compliance Lifecycle: A Closed-Loop Process to Managing Regulatory Change Successfully

Each year, thousands of regulatory changes are made that could materially affect the insurance industry, and the number is rising. In any given year, more than 40,000 regulations—including legislative bills, administrative rules, bulletins, advisories, alerts, directives, and interpretive guidance—must be vetted to determine if they affect the business of insurance. According to RegEd’s internal research, there were about 2,400 new or revised state regulations enacted or adopted that directly affected the insurance industry in 2013. In 2021, there were over 3,300, an increase of almost 40%. As the number escalates, new regulations themselves are becoming more complex, especially around risk […]

Market Conduct Exams: Best Practices to Ensure a Smooth Process and Stay Under the Radar for Future Examinations

By David Sheehan and Rebecca Vasquez, Esq. For an insurance company, the key objective of a market conduct examination (MCE) is to avoid it. As regulators pay more attention to problem areas, behaving well in the marketplace in the first place mitigates the chances of being examined. The No. 1 defense against an unscheduled market conduct examination is a documented and well managed compliance program, and companies that follow a few best practices find they can stay under the regulatory radar, and when they are selected for examination, they can be fully prepared to make it go smoothly. 1. Know […]

Highlights From the SEC Municipal Advisor Risk Alert

The SEC has provided a Risk Alert to remind municipal advisors of their obligations and to raise awareness among Municipal Advisors (“MAs”) of the most often cited deficiencies and weaknesses observed in recent MA examinations. Many of the same areas were covered in its 2017 Risk Alert, indicating that the SEC continues to note similar deficiencies as it did 5 years ago. Inaccurate or Incomplete Registrations and Filings The SEC found significant overlap in registration and filing deficiencies when compared to those identified in its 2017 Risk Alert. Among the inaccurate or incomplete information filed on SEC Forms MA and […]

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