Breakaway 101: FAQs for Transitioning Advisors
The January Risk Management Update was written by Jacko Law Group, P.C. (“JLG”) and published on January 28, 2020.… Read More
How to Avoid Legal Problems and Foster a Culture of Regulatory Compliance
You’re the CEO and are about to onboard a new advisor at your financial advisory firm. You want to make a lasting impression and set the proper tone.
Inside the SEC’s Proposed New Rules for Financial Advisor Advertising
Advisory firms are encountering more competition than ever when it comes to building their client base. Many firms would make an additional spend on marketing and advertising strategies (including use of solicitors and social media to attract younger clients) but often are concerned about SEC regulatory scrutiny and limitations imposed on registrants.
Anticipating the Inevitable: Preparing for the SEC in 2020 (Seattle)
CEO & Managing Partner Michelle Jacko will present on Anticipating the Inevitable: Preparing for the SEC in 2020 for a Schwab compliance event in Seattle on February 20, 2020.… Read More
Anticipating the Inevitable: Preparing for the SEC in 2020 (San Francisco)
CEO & Managing Partner Michelle Jacko will present on Anticipating the Inevitable: Preparing for the SEC in 2020 for a Schwab compliance event in San Francisco on February 12, 2020.… Read More
A Costly Failure to Follow Written Policies and Procedures
On November 22, 2019, the Securities and Exchange Commission (“SEC”) ordered Channing Capital Management, LLC (“Channing”), a registered investment adviser located in Illinois, to pay a $50,000 civil penalty for failure to enforce its own written policies and procedures. This specific case underscores the importance of following the safeguards you put in place to protect all clients at all times.
2019 SEC Enforcement Cases: A Year in Review
The Securities and Exchange Commission’s (“SEC’s”) Division of Enforcement released its Annual Report (the “Report”) last month, which discusses enforcement cases for its fiscal year of 2019. According to the Report, the SEC filed 862 enforcement actions in FY 2019, resulting in disgorgements and monetary penalties of roughly $4.35 billion.… Read More
California Governor Signs CCPA Amendments, Privacy Related Bills into Law
California Governor Gavin Newsom has signed five bills that will directly amend the California Consumer Privacy Act (CCPA). Signed into law by then-Governor Jerry Brown on June 28, 2018, the CCPA was designed to notify consumers that they can learn about their personal data that is being collected and sold or distributed to third-parties or affiliates and be given the opportunity to opt-out. The effective date of the CCPA is January 1, 2020, and the enforcement date will be on July 1, 2020.
SEC Requests Proposals to Innovate Markets for Thinly Traded Securities
The Securities and Exchange Commission (“SEC”) is considering implementation of regulatory changes in order to improve secondary market structures for thinly traded securities. It has announced a request for exchanges, issuers, investors, or other market participants to submit proposals that will facilitate market structure innovations that would meaningfully enhance trading.
At Last – The SEC Proposes Modernization of the Advertising Rule
For those of us who have focused on performance advertising throughout their careers, we have witnessed many amendments to the Advisers Act – but none which have significantly touched upon advertising. During the last quarter century, there have been new … Read More