The Law of the Financial Markets from Top Securities Lawyers
Wednesday, April 23, 2025
Proposed NASD Rules Will Allow Allegations Against Brokers to be Made Public By Mark J. Astarita, Esq. Note: This column was originally published in 1997 in Research Magazine. Unfortunately, nothing changed, and in fact, the situation has gotten worse. If you have questions about your U-4 or U-5 filings, please […]
Rule 506 Exemption Rule 506 of Regulation D of the Securities Act of 1933 is an exemption from the registration requirements of the Securities Act for certain private securities offerings. This rule allows issuers to raise an unlimited amount of capital from an unlimited number of accredited investors, and up […]
SEC Implements Rule 192 to Safeguard Against Conflicts of Interest in Asset-Backed Securities Washington D.C., Nov. 27, 2023 — The Securities and Exchange Commission (SEC) has adopted Securities Act Rule 192. This rule, designed to enforce Section 27B of the Securities Act of 1933, as introduced by Section 621 of […]
The SEC Serves a Subpoena, or FINRA wants an OTR. Now what? By Mark J. Astarita, Esq. Introduction to SEC Subpoenas If you get a letter, phone call, or subpoena from the SEC (Securities and Exchange Commission) or FINRA (Financial Industry Regulatory Authority), take it seriously. Even if the person […]
By Mark J. Astarita, Esq. FINRA Rule 8210 FINRA Rule 8210 (Provision of Information and Testimony and Inspection and Copying of Books) is the starting point of virtually every FINRA enforcement proceeding, as it gives FINRA the authority to request documents and testimony from firms, registered persons and, in FINRA’s […]
The SEC’s Division of Examinations prioritizes examinations of certain practices, products, and services that it believes present potentially heightened risks to investors or the integrity of the U.S. capital markets. They have announced the 2024 examination priorities. Here is a summary of the Broker-Dealer priorities for 2024. We summarized the […]
The Investment Advisor Custody Rule: DecipheredThe Investment Advisor Custody Rule, often referred to as Rule 206(4)-2, is a rule under the Investment Advisers Act of 1940. Its primary objective is to safeguard the assets of clients managed by investment advisors. Understanding its key components is imperative for any financial professional. […]
Sept. 8, 2023 — The Securities and Exchange Commission (SEC) has announced settled charges against Monolith Resources LLC, a privately held energy and technology company headquartered in Lincoln, Nebraska. The charges stem from Monolith’s use of employee separation agreements that violated the SEC’s whistleblower protection rules. Protection of Whistleblowers is […]
In the appropriate case in our securities defense practice, we sometimes advise clients to self-report a violation and the client’s efforts to correct the violation. The rationale is that the SEC views self-reporting in a positive light when determining sanctions, and the reporting can avoid lengthy and costly investigations and […]
We continue to see investigations of advisory firms for violations of the Custody Rule, which has specific requirements for the handling and reporting for firms that hold customer funds. The SEC has an extensive FAQ regarding the rule and the requirements for compliance. As always we are available to assist […]
