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Adviser Regulatory & Compliance News

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Falsified Performance and Marketing Materials Means Trouble

March 1, 2018

The SEC recently levied a $3 million fine on a private fund manager who falsified performance data, provided fake investment manager information, and created a misleading internet optimization campaign. In addition to the fine, the manager is also serving a five year prison term. See link in headline for link to the SEC's release.

SEC Cybersecurity Guidance for Public Companies

February 28, 2018

The SEC has issued interpretive guidance to assist public companies in preparing disclosures about cybersecurity risks and incidents. While not targeted at or designed for investment advisers, the Guidance is nonetheless very insightful and helpful for advisers in understanding cybersecurity issues, the SEC's perspective, and the expectations that are developing in the public company space especially regarding disclosure of incidents. Click the headline to link to the Guidance.

SEC Compliance Outreach Seminar in April

February 14, 2018

The SEC recently announced its 2018 outreach program national seminar for investment companies and investment advisers. The event is intended to help CCOs and other senior personnel at investment companies and investment advisory firms to enhance their compliance programs for the protection of investors. We've been to these in the past and they are invaluable for insights and guidance on the SEC's current regulatory and examination focus points. Please click the heading above to be linked to the announcement and registration pages.

SEC Offers Advisers Potential Amnesty for Self-Reporting of Fund Share Revenue Sharing Violations

February 13, 2018

On Feb. 12, the SEC announced a new initiative designed to encourage advisers to self-report inappropriate mutual fund share class revenue sharing arrangements. These arrangements generally arise when an adviser counsels clients to purchase higher commission or fee producing mutual fund share classes when less costly ones are available. Typically, there is a lapse in disclosure to the client underlying the sale, which can be viewed as fraudulent. According to the SEC press release, "Under the Share Class Selection Disclosure Initiative..., the [Enforcement] Division will agree not to recommend financial penalties against investment advisers who self-report violations of the federal securities laws relating to certain mutual fund share class selection issues and promptly return money to harmed clients." Please click the heading for the full announcement.