September 25, 2023

What: Sources close to relevant investigations indicate that at least a dozen advisory firms and hedge funds have been subject to deep-dive probes of employee electronic communications.  

Who: While relevant fines and enforcement actions to date have typically centered around broker-dealers, this move signals a shift in focus to the electronic communication practices of investment advisers.

When: CRC anticipates that this area of focus will be the star of the SEC’s examination priorities list once it is released in early 2024.

Why: Chairman Gensler has defended his standing position that diving into advisers’ communications at recordkeeping practices is a crucial component of investor protection, despite industry backlash and an open letter from SIFMA stating the overreach of the SEC’s regulatory scope.

How: While during previous sweep efforts, the SEC has previously required firms under examination to sample employee electronic communications and report back, their new approach is much more invasive and ups the ante considerably. Exam staff is requesting the phones of specific employees, including executives, and reviewing all communications themselves.

Why it matters: Firms using a certification only or “wait and see” approach are operating at a disadvantage and need to evaluate their existing policies and procedures relative to electronic communications to ensure they are clear and reasonably designed for the size and scope of their operations. The question is not if, but when the SEC review adviser communications, and it seems the scope and methodology of their investigation are escalating.

CRC keeps its thumb on the pulse of the evolving regulatory landscape. Keep an eye out for additional information about the SEC’s continued focus on electronic communications, including updated guidance, risk alerts, and CRC’s thoughts on how to ensure successful compliance with evolving regulatory expectations within your firm’s existing regulatory compliance program.

Contact Mitch Avnet for further details: (646)346-2468 | mavnet@compliance-risk.com

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A 2014 WAKE UP CALL FOR INVESTMENT ADVISERS

Compliance Bulletin 01-14

Now more than ever, Investment Advisers must ensure they have regular and rigorous compliance programs in place to keep pace with industry requirements and expectations. The SEC’s Compliance Program Initiative and 2014 Examination Priorities should serve as a “wake up call” to Investment Advisers.

As a former Chief Compliance Officer for a Fortune 200 Company, I understand these challenges and have created this bulletin as a “road map” / “checklist” for Investment Advisers to review and reconcile their respective controls, policies and procedures and discrete risk management activities.

The Compliance Bulletin Service

The monthly Compliance Bulletin Service provides the information your organization needs- at the speed it can handle it. Let the trusted Compliance professionals at CRC do the hunting, gathering and data-mining for you. Want a peek at the monthly bulletin exclusively offered with this service?

Fill out the form below to download your complimentary copy.

Additionally, as part of our service, we provide guidance and recommendations that organizations should weigh / consider as it relates to new rules or modified / amended rules impacting Institutional and Retail broker-dealers and registered investment advisers, wealth / asset managers, hedge funds, private equity, Municipal Advisors, M&A, etc.

Thank you again for your interest in Compliance Risk Concepts.  Our ultimate goal is to evidence our overall credibility as a “go to” resource – and create long term value for our clients.

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On January 9th, the SEC published it's National Examination Priorities for 2014. On the top of their list - Fraud Detection and Prevention, Corporate Governance, Conflicts of Interest, Enterprise Risk Management, Technology and issues specific to Dual Registrants.

Now is a good time to review these priorities vs. your organization's current control environment, policies and procedures and discrete risk management activities. Read more: http://ow.ly/sLwgd 

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