Updated Guidance Issued on Exemption Reporting

Recently, the SEC and FINRA issued Frequently Asked Questions (FAQs) concerning the exemptive provisions of SEC Rule 15c3-3 and reporting under SEC Rule 17a-5 for monthly and quarterly Focus reports, annual Exemption reports and for updating membership agreements. Who is Affected? The FAQs relate to Non-Covered firms, broker-dealers that do not: meet any of the… READ MORE

FINRA Issues FOCUS Report Guidance – Operating Lease Reporting

On March 19, 2019 the Financial Industry Regulatory Authority (FINRA) issued Regulatory Notice 19-08, providing guidance on reporting operating lease assets and liabilities on their Focus reports. Background On October 23, 2018, the SEC issued a no action relief letter (the Letter) stating that, absent relief, the right-to-use asset would be a non-allowable asset in… READ MORE

Alert – SEC Issues Guidance Update on Inadvertent Custody

The SEC’s Division of Investment Management issued a February 2017 Guidance Update regarding situations where an adviser might inadvertently have custody. The key takeaway is that the definition of “custody” is to review agreements with qualified custodians to determine if they give an advisor the ability to withdraw or transfer client funds or securities.  If… READ MORE

Alert – The SEC Division of Investment Management Issues Robo Advisor Guidance Update

Regulators are taking a close look at electronic investment advice. After specifically mentioning the topic in the SEC’s  2017 Exam Priorities Letter, last week the SEC Division of Investment Management issued a Guidance Update covering: Disclosures to be made about the robo-advisor and the services offered Advisor’s obligation to obtain client information necessary to providing… READ MORE