A bit of clarification from the SEC on its examination protocols confirms what many advisors already suspected: the long wait between audits is a matter of regulatory triage.
Fines increased 51% in 2011 on advisors who fall short of FINRA’s regulatory guidance. Fourteen percent more were forced out of the industry. This points to the need for firms to beef up their compliance efforts. There are five key areas identified by the law firm Sutherland Asbill & Brennan that are responsible for most breaches.
· Advertising, especially regarding Auction Rate Securities (ARSs)
· Municipals, based on the lack of comprehensive understanding of the
Conflicts of interest are the newest focus of Goldman Sachs as well as other investment banks. The brouhaha resulting from Goldman advisor Greg Smith’s very public departure and scathing criticism of the bank has brought sharp attention to the matter. Greater transparency regarding bank holdings will be provided to companies seeking advice on deals.
This is a next development in a time of an increased regulatory and consumer protection considerations. Law firms who work with the banks on deals are also upping their disclosure requirements. Conflicting holdings can easily
The owners of the New York Mets want to argue that SEC inaction encouraged them to think Bernard Madoff's Ponzi scheme was a safe and regulated investment. This is not a scenario the regulator wants.
Regulatory compliance and advertising review services.
You'll be emailed a discount coupon for $30 off the CFP® Ethics Class after signing up for A4A's $60 quarterly membership, featuring Fritz Meyer, Bob Keebler, and Craig Israelsen.