14 February 2022
Main Contributor: Zachary Fenno, CSCP, Compliance Manager Qualified Client Threshold The SEC scrutinizes performance fees heavily, so it is important to stay abreast of new regulations surrounding when advisors can charge performance fees. The Advisor’s Act prohibits registered advisors from charging a performance-based fee unless the client meets the definition of a “Qualified Client.” OriginallyRead More »
21 July 2021
Main Contributor: Katie Mogan, IACCP® Vice President, Senior Compliance Consultant The one-year anniversary of Form CRS has come and gone, yet there are still questions about delivery requirements and annual updates. First and foremost, there is NO annual update requirement. However, there are a few important triggers with re-filing your Form CRS, as well asRead More »
02 June 2021
Main Contributor: Katie Mogan, IACCP® Vice President, Senior Compliance Consultant Background This article follows the first in our series, The Definition of an Advertisement, where we summarized the amended Marketing Rule’s definitions of an advertisement; specifically the elements covered under Prong 1 and Prong 2 of the definition. Part Two of our series will focusRead More »
01 March 2021
Main Contributor: Katie Mogan, IACCP® Vice President, Senior Compliance Consultant Background The SEC proposed and adopted the new Marketing Rule, (the “Rule”) which will eventually replace the current Advertising Rule (Rule 206(4)-1, originally adopted in 1961) and the Solicitation Rule (Rule 206(4)-3, originally adopted in 1979). The Rule is a complete rewrite of theRead More »
04 January 2021
Main Contributor: Katie Mogan, IACCP® Vice President, Senior Compliance Consultant The SEC Risk Alerts keep coming, this time with exam observations regarding investment advisors’ Compliance Programs. According to OCIE, the most common exam deficiencies arise from issues with Rule 206-4(7), known as “the Compliance Rule.” Rule 206(4)-7 requires investment advisors to have policies andRead More »
24 September 2020
Main Contributor: Katie Mogan, IACCP® Vice President, Senior Compliance Consultant In August of this year, the SEC released an amendment to the “accredited investor” definition. What is an Accredited Investor? Certain qualifications must be met in order to invest in private placements or private funds. One qualification is being an “accredited investor.” An accreditedRead More »
19 July 2020
Main Contributor: Katie Mogan, IACCP® Vice President, Senior Compliance Consultant On July 10th, the SEC released a proposal to amend reporting requirements of Form 13F to update the reporting threshold which has not been adjusted in over 40 years. What is 13F? Section 13F of the Securities and Exchange Act requires registered investment advisersRead More »
06 March 2020
Main Contributor: Elizabeth Cope, CPA, CSCP, CIPM, CEO & Lead Consultant Review of Part 1: The Foundation In the first article of this series, we discussed the foundational information you need to know to ensure your marketing and advertising materials are in compliance with the SEC’s rules and regulations. We helped you clearly understand:Read More »
27 November 2019
Main Contributor: Elizabeth Cope, CPA, CSCP, CIPM, CEO & Lead Consultant Review of Part 1: The Foundation In the first article of this series, we discussed the foundational information you need to know to ensure your marketing and advertising materials are in compliance with the SEC’s rules and regulations. We helped you clearly understand:Read More »
29 April 2019
Main Contributor: Elizabeth Cope, CPA, CSCP, CIPM, CEO & Lead Consultant The topic of Advertising is one of the most challenging areas for CCOs. The challenge begins with the SEC’s definition of “advertisement.” It’s confusing and outdated. The way that the rule is written makes you feel like you have to run through aRead More »
07 February 2018
On October 1, 2017, the U.S. Securities and Exchange Commission (“SEC”) amended the ADV Part 1 to obtain more information on registered investment advisers. As the annual amendment date (March 31st, 2018) closes in, we want to summarize important changes and remind you of important practices this filing season. SCS Suggests As you start yourRead More »