SEC Proposes Rules to Prevent Fraud in Connection With Security-Based Swaps Transactions, to Prevent Undue Influence over CCOs and to Require Reporting of Large Security-Based Swap Positions

The Securities and Exchange Commission today voted to propose rules to prevent fraud, manipulation and deception in connection with security-based swaps, to prevent undue influence over the chief compliance officer (CCO) of security-based swap dealers…

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SEC Approves 2022 PCAOB Budget and Accounting Support Fee

The Securities and Exchange Commission today voted to approve the 2022 budget of the Public Company Accounting Oversight Board (PCAOB) and the related annual accounting support fee. “Finance is about trust, and the PCAOB has a critical role to play in…

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RIA Ongoing Duties to Its Customers

Great post by Alan Wolper on the duties of an RIA to monitor its customer’s accounts, even when there is no trading, and no activity in those accounts.

Not true for the traditional broker, and an important distinction for investment advisors to remember.

SEC Settlement Proves That It’s Easy Enough For An IA To Get In Trouble Just For Doing Nothing


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Report From SEC Small Business Advocate Details Capital Raising During Past Year

The Securities and Exchange Commission’s Office of the Advocate for Small Business Capital Formation today issued its 2021 Annual Report that details how entrepreneurs and investors are building companies together from startups to small public companies…

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U5 Defamation Wins Stack Up, But Tables Have Not Turned to Brokers’ Advantage

U-5 defamation has been an issue for brokers since I began practicing law, and not much has changed to address the issue – except for U-5 filings to become absolutely privileged in New York.

I have had some successes negotiating U-5 language before the U-5 is filed, to stop a firm from causing further damage to the registered representative, but many of these issues arise after the broker has left the time, and there is no ability to discuss the language with the firm.

FINRA needs to do something about this. Perhaps a process for review of U-5s before they are filed and made public, giving the broker the opportunity to object and to have someone review the filing and the facts before the filing before it becomes part of the broker’s permanent record.

AdvisorHub has an excellent article on the issue – Defamation Wins Stack Up, But Tables Have Not Turned to Brokers’ Advantage, Lawyers Say

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Ernesto A. Lanza Named Acting Director of SEC Office of Municipal Securities

The Securities and Exchange Commission today announced that Ernesto A. Lanza will serve as Acting Director of the Office of Municipal Securities (OMS). Mr. Lanza, who has served as Senior Counsel to the OMS Director since 2019, replaces Rebecca J. Olsen…

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SEC Updates Electronic Filing Requirements

The Securities and Exchange Commission today published proposed amendments to update electronic filing requirements. The SEC currently permits and sometimes requires certain forms to be filed or submitted in paper format. The proposed rule and form…

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SEC Wins Jury Trial Against Hedge Fund Adviser Who Ran Manipulative Short Scheme

Jurors in Boston federal court today returned a verdict in the Securities Exchange Commission’s favor against a hedge fund adviser and his investment advisory firm.  Gregory Lemelson and Massachusetts-based Lemelson Capital Management LLC were…

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Nicole Creola Kelly Named Chief of SEC Whistleblower Office

The Securities and Exchange Commission today announced the appointment of Nicole Creola Kelly as Chief of the SEC’s Office of the Whistleblower. Ms. Kelly, who goes by Cree, is currently Senior Special Counsel in the Office of the General Counsel and…

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Originally posted at The Securities Law Blog


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