Our recent client alert discusses whether the SEC’s proposals to expand the “exchange” and “dealer” definitions are part of the agency’s crypto and defi strategy.
Our recent client alert discusses whether the SEC’s proposals to expand the “exchange” and “dealer” definitions are part of the agency’s crypto and defi strategy.
Our recent client alert discusses the SEC’s “Reg Flex” agenda for rulemaking, which provides a glimpse into how the agency will prioritize its resources over the coming six months from a policy and rulemaking standpoint.
Our recent client alert discusses the complaint the SEC recently filed, which marks the first charges the agency has brought under Regulation Best Interest, the SEC’s landmark ruling from 2019.
On June 16, 2022, the U.S. Senate confirmed Jaime Lizárraga and Mark Uyeda as SEC Commissioners. Once seated, the agency will have a full slate of five commissioners for the first time in six months, following the departure of Commissioner Elad Roisman. Mark Uyeda, a long-time SEC staffer, rejoins the…
Cybersecurity and technology governance remain a top area of focus for the SEC and FINRA, as the regulators continue to concentrate on improving the overall cybersecurity posture and resiliency of the financial sector. FINRA covered this in its 2022 Report on its Examination and Risk Monitoring Program. The SEC is…
It came as no surprise that FINRA’s 2022 Examination and Risk Monitoring Program Report highlighted communications with the public as a continued area of focus. The primary theme across this focus area relates to the sufficiency of internal processes, procedures, and controls. As FINRA has done with other areas, the…
On May 9, 2022, the SEC extended the comment periods for proposed rulemaking on climate-related disclosures and reopened the comment period for proposed rulemaking relating to private funds and what it means to be an “exchange” under Exchange Act Rule 3b-16. Each of these proposals originally provided 30 days for…
The SEC recently published its 2022 Examination Priorities Letter on the heels of FINRA issuing its 2022 Examination and Risk Monitoring Program Report. One of many areas of common focus is financial management, and more specifically, net capital requirements and safekeeping of funds and securities. The SEC, for example, reminded…
Our recent client alert discusses an SEC staff bulletin reiterating the standards of conduct applicable to broker-dealers and investment advisers when making account recommendations to retail investors. Broker-dealers are subject to Reg. BI. Investment advisers are subject to the fiduciary standard under the Advisers Act. The standards of conduct are…
The SEC Division of Examinations recently published its list of priorities for 2022. While it was a bit late compared to a typical year, the priorities letter provides a roadmap for firms to better understand where the Division will take its examination efforts over the coming months. Significant focus areas…