By David Sheehan 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 the handbook. The NAIC’s […]
Continue readingMore TagAuthor: RegEd Regulatory Affairs Team
SEC Issues New Guidance on IA Marketing Rule: Key Takeaways for Compliance and Marketing Teams
On March 20, 2025, the U.S. Securities and Exchange Commission (SEC) issued additional guidance on its Investment Adviser Marketing Rule, clarifying longstanding gray areas that have challenged compliance teams and marketing departments alike. While the new FAQs provide helpful interpretations, they may also necessitate revisions to existing advertising materials, especially for firms promoting performance metrics. Key Highlights of the New SEC Guidance The Marketing Rule, originally adopted in 2020, has transformed the landscape for investment adviser advertising, consolidating decades-old advertising regulations into a modernized framework. Yet, some provisions remained open to interpretation. The SEC’s latest guidance specifically addresses how advisers […]
Continue readingMore TagKey Takeaways from FINRA’s 2025 Annual Regulatory Oversight Report: What Compliance Professionals Need to Know
Each year, FINRA’s Annual Regulatory Oversight Report serves as a critical resource for compliance professionals, outlining evolving risks, regulatory expectations, and areas where firms continue to face challenges. The 2025 report reflects key developments across multiple risk areas, emphasizing third-party risk management, artificial intelligence (AI), the remote inspections pilot, outside business activities (OBA), private securities transactions (PST), and communications with the public among others. For firms, these insights are not just a review of recent findings — they offer a roadmap for where FINRA’s examiners will be focusing their attention in 2025. Below, we break down some key takeaways from […]
Continue readingMore TagIt’s the Final Countdown…Get Your IAR CE Renewals Straight; Don’t be Late!
Happy Renewal Season!!! As year-end 2024 approaches, it’s a great time to review the Investment Adviser Representative Continuing Education (IAR CE) status for your associates required to satisfy this annual requirement. IARs who fail to satisfy their IAR CE requirement for two consecutive years risk being administratively terminated in jurisdictions that have implemented an IAR CE requirement unless they satisfy ‘at a minimum’ the full 2023 requirement before year-end 2024. Although not rocket science, there are some complexities around the unique nature of the IAR CE program that still creates some confusion for the industry. For example, it’s important to […]
Continue readingMore TagComplying with Pay-to-Play Rules in an Election Year
Complying with Pay-to-Play Rules in an Election Year This year’s government elections pose a compliance challenge for registered investment advisory (RIA) firms. When it comes to politics, investment advisers and their covered associates can be as passionate as any voters. But “pay-to-play” rules prohibit advisers from making some political donations that many other voters could. SEC Rule 206(4)-5 considers it to be unlawful for investment advisers to provide investment advisory services for compensation to a government entity within two years after a contribution to an ‘official’ of the government entity is made by the investment adviser or any of its covered […]
Continue readingMore TagIs your regulatory branch inspection program prepared to support the new FINRA Remote Inspections Pilot Program and Requirements for Residential Supervisory Locations?
In January of this year, FINRA published Regulatory Notice 24-02 announcing the effective dates for the Remote Inspection Pilot Program (Pilot) and the Residential Supervisory Locations (RSLs). Those dates are now rapidly approaching and firms must make decisions on whether to participate in the Pilot Program this year and how to apply the RSL rule. A primary driver in the Pilot decision is whether the technology the firm uses will allow the firm to meet the tracking, findings, and reporting intricacies under the Rules. RegEd’s Branch Audit Management solution enables Pilot-participating firms to meet the new requirements. It also allows […]
Continue readingMore TagKaitlyn Small Appointed as Chair of SALS Steering Committee with SILA
RegEd, a leading provider of compliance and regulatory solutions for the financial services industry, is pleased to announce that Kaitlyn Small, Manager of Regulatory Compliance at RegEd, has been appointed as the new Chair of the SILA Adjuster Licensing Subgroup (SALS) steering committee. The SILA Adjuster Licensing Subgroup (SALS) serves as the premier platform for adjuster licensing education and awareness. With a steadfast commitment to offering comprehensive and accurate information, SALS caters to both Company and Independent adjusters, covering all facets of the Adjuster Licensing domain. Kaitlyn Small has been a member of the SALS steering committee since 2019, demonstrating […]
Continue readingMore TagYear-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 […]
Continue readingMore TagNavigating 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 […]
Continue readingMore TagRegulators 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 […]
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