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DCS - SEC Division of Examinations Alert - Investment Advisors - Assessing Risks, Scoping Examinations and Requesting Documents

SEC Division of Examinations Alert to Investment Advisors: Assessing Risks, Scoping Examinations and Requesting Documents

The SEC Division of Examinations (the “Division”) issued a Risk Alert on September 6, 2023 that describes the Division’s risk-based approach for selecting advisers to examine and outlines the scope of areas to be examined.  Investment advisers may be selected for examination

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DCS Alert - SEC Enforcement Actions Related to the Marketing Rule and Hypo Performance Data

SEC Enforcement Actions Related to the Marketing Rule and Hypothetical Performance Data

On September 11, 2023 the SEC announced settled Administrative Proceedings with nine investment advisers for advertising hypothetical performance to the general public on their websites without adopting and/or implementing policies and procedures required by the Marketing Rule.  In addition, two of the

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DCS Alert-Division of Examinations - Safeguarding Customer Records and Information at Branch Offices

SEC Division of Examinations Risk Alert: Safeguarding Customer Records and Information at Branch Offices

The SEC Division of Examinations (“Examinations”) issued a Risk Alert on April 26, 2023 to highlight the importance of establishing written policies and procedures for safeguarding customer records and information at branch offices.  Examinations provides that a branch office includes any location

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Division of Examinations - Observations from Examinations of Newly Registered Advisors

Division of Examinations Risk Alert: Observations from Examinations of Newly-Registered Advisers

The SEC Division of Examinations (the “Division”) issued a Risk Alert on March 27, 2023 detailing observations from examinations of newly-registered investment advisers.  The Risk Alert provides information about the typical focus areas reviewed during examinations of newly-registered investment advisers. It also

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