NRS Insights Blog
June 9 2017 - NRS Insights
SEC opens comment period on possible fiduciary duty rulemaking
With the first implementation date of the Department of Labor’s Fiduciary Rule upon us, the Securities and Exchange Commission has jumped into the fray, opening a comment period which will influence “possible future actions” the agency may take in codifying advisers’ and broker-dealers’ new fiduciary role.
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June 7 2017 - NRS Insights
Supreme Court Limits SEC’s Authority to Recover Ill-Gotten Profits
The U.S. Supreme Court, in a 9-0 ruling, curtailed the Securities Exchange Commission’s authority to recover ill-gotten profits from defendants. The Court ruled that the SEC’s recovery remedy known as “disgorgement” is subject to a five-year statute of limitations. Disgorgement is commonly defined as the act of returning profits gained from illegal or unethical acts to the affected parties.
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May 26 2017 - NRS Insights
June 9 DOL Applicability Date Confirmed by Labor Secretary Acosta
Secretary of Labor Alexander Acosta stated that he could find “no principled legal basis” to delay the DOL fiduciary rule beyond June 9. Secretary Acosta made this statement in a Wall Street Journal op-ed posted on May 22. The op-ed ended speculation that the DOL would take action to delay the applicability date past June 9.
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May 23 2017 - NRS Insights
June 9 DOL Applicability Date Confirmed by Labor Secretary Acosta
Secretary of Labor Alexander Acosta stated that he could find “no principled legal basis” to delay the DOL fiduciary rule beyond June 9. Secretary Acosta made this statement in a Wall Street Journal op-ed posted on May 22.
The op-ed ended speculation that the DOL would take action to delay the applicability date past June 9.
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May 12 2017 - NRS Insights
No Uncertainty for Regulators
These past months have been full of change and uncertainty for registered adviser and broker-dealer firms, and regardless of Presidential Executive Orders and other changes, Daniel Kahl, Chief Counsel, SEC Office of Compliance Inspections and Examinations, stated at a recent NRS conference that he doesn’t foresee any vast undoing of SEC rules.
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April 14 2017 - NRS Insights
SEC’s No-Action Letter Offers Critical Clarification on Custody Rule
On February 21, 2017, the SEC issued a highly anticipated no-action letter regarding Rule 206(4)-2 of the Investment Advisers Act of 1940—also known as the Custody Rule. In the letter, the SEC affirmed that a standing letter of instruction (SLOA) or similar asset transfer authorization arrangement would result in an investment adviser having custody of client assets.
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April 11 2017 - NRS Insights
DOL Rule Implementation Delayed, as Expected
As expected, the Department of Labor (DOL) has made official its proposal to delay implementation of its fiduciary rule by 60 days. The rule was originally slated to become effective on April 10. However, a President Trump directive to review the rule, with an eye to modify or repeal, led the DOL to propose a 60-day delay.
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April 7 2017 - NRS Insights
Rule Change Alert! New Consolidated Rule for Personal Trading Accounts
April 3, 2017, is the effective date of FINRA’s new consolidated Rule 3210, Accounts at Other Broker/Dealers and Financial Institutions. This rule consolidation replaces NASD Rule 3050 and incorporates NYSE Rules 407 and 407A as well as NYSE Rule Interpretations 407/01 and 407/02.
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April 5 2017 - NRS Insights
DOL Delays the Fiduciary Rule to June 9, 2017
The Department of Labor has issued a final rule that delays the applicability date of the Fiduciary Rule from April 10, 2017 to June 9, 2017. The compliance date of January 1, 2018 has not been delayed.
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March 23 2017 - NRS Insights
Adviser’s Act Amended to Require More Form ADV Information
The SEC recently amended the Investment Adviser’s Act of 1940 to add several new requirements to Form ADV reporting for Investment Advisers.
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