Preparing for a Strong Year Ahead: Corporate and Regulatory Year-End Review

Registered Investment Advisers (RIAs) face an evolving regulatory landscape, with new examination hot topics and priorities recently posted from the Division of Examinations. Preparing now for 2026 ensures your firm stays ahead of the curve and strengthens operational resilience.

The team at Jacko Law Group has prepared this practical year-end guide to help firms conduct a comprehensive review.

Key Areas for Your Year-End Review 

Advisory Contracts & Client Disclosures

• Ensure agreements reflect Form ADV updates and regulatory guidance.
• Disclose use of third parties, fee structures, and valuation methods clearly.

Corporate Records & Governance

• Review bylaws, operating agreements, and partnership agreements for ownership, voting rights, and governance updates.
• Ensure corporate records, meeting minutes, shareholder records, and resolutions are complete.
• Confirm state filings and annual reports are up to date.

Annual Review

• Ensure that Your Annual Review is completed and recommendations are implemented.

This review is a cornerstone of your compliance program, providing an opportunity to:

• Review operational resilience and the effectiveness of policies and procedures.
• Identify gaps in compliance.
• Review the impact of new or amended regulatory requirements.

Record Retention & Communications

• Maintain records of financials, trade confirmations, client statements, business communications, marketing materials, complaints, and third-party due diligence.
• Include off-channel communications and ensure secure storage for required retention periods.

Regulatory Filings

• Update Forms ADV, CRS, and D (for private funds).
• Confirm corporate entity filings, licenses, and other applicable registrations are accurate and timely.

Policies & Procedures

• Update internal policies for cybersecurity, data privacy, vendor oversight, safeguarding, and record retention.
• Train employees on policy updates and maintain proper documentation.

Marketing Compliance

• Review marketing materials, websites, brochures, and social media for compliance with the IA Marketing Rule.
• Document pre-approvals, endorsements, testimonials, and performance substantiation.

Hot Regulatory Topics from the EXAM Priorities

Pay extra attention to the areas below.

• Cybersecurity & Data Privacy (Regulation S-P): Risk assessments, incident response, governance, and third-party management.

Marketing Rule: Policies, approvals, documentation, endorsements, and training

• Recordkeeping for Business & Off-Channel Communications: Policies, monitoring, staff training, and technology solutions.
• AI Use & Compliance Governance: Client/marketing communications, monitoring, internal controls and training, and documentation.

Annual corporate and regulatory reviews ensure your firm meets SEC requirements, mitigates enforcement risk, and strengthens operational resilience. By addressing contracts, governance, filings, policies, marketing, and hot regulatory topics, you position your firm for a successful 2026.

Jacko Law Group is here to help guide your firm through this review process and to assist, as needed, ensuring a robust, future-ready compliance program. To speak with one of our securities lawyers, please contact us at 619.298.2880.