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SEC stays all cases before Administrative Law Judges for 30 days
August 1 2022 - NRS Insights

SEC Enforces Mutual Fund Share Class Selection Violations by Investment Advisers

A pair of late July orders instituting cease-and-desist proceedings handed down by the Securities and Exchange Commission (SEC) highlights the Commission’s continued efforts to identify breaches of fiduciary duty, undisclosed conflicts of interest, breaches of duty to seek best execution and failure to adopt adequate policies and procedures by investment advisers transacting in mutual fund shares in client accounts. What does this mean for you? Investment Adviser firms must continue to diligently comply with their fiduciary duty as stated by the SEC or risk the serious penalties that come with non-compliance.
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July 22 2022 - NRS Insights

The broker-dealers guide to Regulation Best Interest (Reg BI)

With the first and (thus far) only Regulation BI offense alleged midway through 2022, it’s worth revisiting some common questions surrounding the Reg BI and reviewing your policies and procedures to ensure compliance.
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July 14 2022 - NRS Insights

The NRS Fall Compliance Conference is now part of the ComplyConnect Conference & Expo: Here’s what you need to know

What’s happening with the NRS Compliance Conference? If you are a dedicated attendee of the conference, whether for IACCP accreditation or simply because you are a compliance professional serving an investment adviser, broker-dealer, etc. who likes to stay in the know on the latest compliance updates, you might be asking this exact question. And now, we have the answer. In late 2021, NRS was acquired by ComplySci as one of three strategic acquisition that helped to create one of the most robust, comprehensive compliance offerings on the market. NRS brought with it a legacy of continued education and compliance excellence, which as a ComplySci family of companies, we are elevating to new levels this year. Introducing the first annual ComplyConnect Conference & Expo.
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SEC: No Extension for Reg BI, Form CRS Compliance
July 8 2022 - NRS Insights

Considerations for the SEC amendment on electronic filing requirements

Recently, the Securities and Exchange Commission (SEC) amended their EDGAR Filing Requirements and Form 144 Filings, adopting a policy of electronic submission. According to their press release, this new requirement will: 1. Create efficiency and transparency. 2. Better the commission’s operational resilience. 3. Improve accessibility, especially given COVID-19 restrictions. In addition to amending the form submission process, the SEC adopted new requirements for “structured data reporting and remov[ing] outdated references.”
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June 8 2022 - NRS Insights

Why advisers should consider adopting ESG compliance policies now

Environmental, social and governance (ESG) compliance. Three letters, which, five years ago you most likely hadn’t heard too much about. But now? That couldn’t be more different. ESG has become the topic du-jour. Between the Securities and Exchange Commission (SEC) making it one of their top exam priorities for 2022 and recent charges against top-tier investment advisers, you would be hard pressed to visit a news site or peruse a social media app and without seeing some reference to it. In this post, we’ll break down what ESG compliance is, why it matters and best practices for implementing your own ESG policies.
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May 25 2022 - NRS Insights

Top FAQs on the new SEC marketing rule

While November might seem lightyears away, the deadline for the Securities and Exchange Commission’s (SEC) new marketing rule – November 4, 2022 – is just around the corner. Last week, at the NRS 2022 Spring Conference, we polled the audience at our session “Countdown to New IA Marketing Rules” and found that approximately 50% of attendees have not yet begun implementation of the rule. While the session moderators fielded a host of questions and comments from the audience, we’ve aggregated the top questions regarding the new SEC marketing rule.
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April 22 2022 - NRS Insights

The SEC’s 2022 Examination Priorities and Private Fund Advisers

The Securities and Exchange Commission, Division of Examination (“the Division”), on March 30, 2022, published its long-awaited examination priorities, setting forth the Division’s priorities and the areas of focus posing risks to investors or the integrity of the capital markets. This commentary addresses selected risk areas from the examination priorities impacting private fund advisers.
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May 18 2020 - NRS Insights

Morgan Stanley Penalized $5 Million for Insufficient Transparency in Wrap Trading Costs

The SEC and Morgan Stanley Smith Barney LLC (MSSB) settled charges that MSSB provided misleading information to clients in its retail wrap fee programs regarding trade execution services and transaction costs
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Coronavirus Compliance: What Areas Should You Focus On Now
April 9 2020 - NRS Insights

Coronavirus Compliance: What Areas Should You Focus On Now

It is said that those who forget the past are condemned to repeat it. Perhaps “condemned” is not the best word choice, given the current circumstances, but past events can and should inform the present.
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SEC: No Extension for Reg BI, Form CRS Compliance
April 6 2020 - NRS Insights

SEC: No Extension for Reg BI, Form CRS Compliance

SEC Chairman Jay Clayton announced that the Commission will not extend the compliance date for Reg BI and the filing date for Form CRS beyond June 30, 2020 despite the recent social, economic and market turmoil caused by the COVID-19 pandemic.
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