The authority to open SEC investigations, and therefore to issue subpoenas, was expanded under the Obama Administration to the director of Enforcement, rather than solely to the Commission itself. The Director of Enforcement then delegated that authority to various senior officials, including regional and associate directors and specialized unit chiefs. […]
Brokers
Commentary, news and links of interest to financial advisers.
New York Now Requires Investment Advisor Registration
New York State is now requiring Investment Advisor Representatives who work in New York, or who have clients in New York, to register with the New York Investor Protection Bureau and meet certain exam requirements. The new regulation goes into effect February 1, 2021. https://www.jdsupra.com/legalnews/february-1-2021-deadline-mandatory-2498783/
Expungement Rules Changing
New FINRA Expungement Rules Effective in September
The FINRA CRD system, with its BrokerCheck component, has been a thorn in the side of financial professionals since BrokerCheck was created. Expungement is one way to lessen the impact. Form U-4 and Form U-5 were designed to provide important information to regulators, including pending claims and investigations. The Forms […]
Court Orders Uber to Classify Drivers as Employees
In a ruling that may impact the independent BD model, as least in California, Uber and Lyft were ordered by a California court to reclassify their drivers in the state as employees, marking the latest escalation in an ongoing legal battle over a new law impacting much of the on-demand […]
Interactive Brokers With Failing to File Suspicious Activity Reports
Every securities broker is required, by law, to file a report of any suspicious transaction relevant to a possible violation of law or regulation. A transaction requires reporting if it involves or aggregates funds or other assets of at least $5,000, and the broker-dealer knows, suspects, or has reason to suspect that […]
Regulation Best Interest (Regulation BI) Compliance Due June 30, 2020
Compliance with Regulation Best Interest (Regulation BI) and Form CRS is due on June 30, 2020 for all registered broker-dealers and investment advisers. See Introduction to Regulation Best Interest Regulation Best Interest at FINRA Regulation Best Interest (BI) information at the SEC website
Introduction to Regulation Best Interest
SEC Regulation Best Interest In June of 2019 the SEC approved Regulation Best Interest, which requires broker-dealers to act in the best interest of their retail customers when making recommendations as to securities or investment strategies. In adopting the regulation, the SEC stated that the regulation “enhances the broker-dealer standard […]
Removing Customer Complaints and Firm Disputes from BrokerCheck
False CRD Disclosures can ruin your practice, if not your career. Call Sallah Astarita & Cox, LLC today at 212-509-6544 to learn if your complaints and termination disclosures can be permanently removed from your CRD report, and BrokerCheck. We have been helping brokers across the country to remove false reports […]
Lessons in Zoom meeting safety: Useful tips for advisors and clients during the coronavirus pandemic
The Zoom videoconferencing app has become almost as pervasive as the virus itself; millions of workers, friends and family members now use it daily to communicate in as close to in-person fashion as we can get under the social distancing regime. However, like all technology, there can be some risk. […]
