...Kurt Decko; Stacy Fuller Purpose The purpose of this paper is to explain the announcement and no‐action letter of December 11, 2012 from the Securities and Exchange Commission (“SEC”) Division of Investment Management lifting the moratorium on the use of derivatives by actively managed exchange...

...Aegis J. Frumento; Stephanie Korenman Purpose The purpose of this paper is to introduce the concept of professionalism into the current discussion of the proper scope of regulation of investment advisers. Design/methodology/approach The authors reviewed the scholarly literature on what...

... and net worth tests every five years; the exclusion of net equity in the primary residence from the net worth calculation; and certain transitional provisions designed to allow investment advisers and their clients to maintain performance fee arrangements that existed when they entered into advisory...

...Keith T. Robinson; Joseph P. Kelly, II; Andrea E. Baron Purpose The purpose of this paper is to discuss the implications of an SEC Risk Alert and two FINRA regulatory notices concerning the use of social media by registered investment advisers. Design/methodology/approach The paper analyzes...

... 4.5 exemption from commodity pool operator (CPO) registration for registered funds. Design/methodology/approach This article explains how amended Rule 4.5 will be applied to advisors and sub‐advisors of registered investment companies and the managers of foreign corporations controlled...

... securities lawyers. Matthew B. Comstock can be contacted at: mcomstock@willkie.com © Authors 2012 Securities and Exchange Commission Broker‐dealer Supervisory responsibilities Registered representative Regulation Investments The US Securities and Exchange Commission recently issued...

... for registered investment companies. Findings Since the adoption of Rule 4.13(a)(4) in 2003, fund sponsors have frequently relied on the exemption made available by that rule to avoid both registration with the CFTC as CPOs and compliance with the CFTC's disclosure, reporting and recordkeeping requirements...

... © Emerald Group Publishing Limited 2012 --> Investments Derivative markets Securities Investors Article Type: 2011 Awards for Excellence From: Journal of Investment Compliance, Volume 13, Issue 1 The following article was selected for this year's Outstanding Paper...

... Protection Act relating to the increased asset threshold for federal registration as an investment adviser, the new exemptions from investment adviser registration (including the exclusion of “family offices” from the definition of an investment adviser), the enhanced reporting obligations imposed...

... records, provide reports, and monitor large trader activity starting on April 30, 2012. © Authors 2011 Securities Exchange Act of 1934 Broker‐dealers Securities trading Securities regulation Investments Advisory services Regulation United States of America The SEC has adopted Rule...

... the awarding of lucrative contracts for the management of public pension plan assets and similar government investment accounts. The staff's answers to the FAQs announce cautious positions, do not address some of the more difficult issues advisers may face on a day‐to‐day basis, and are subject to change...

... and investment strategies, however, directors may be well advised to consider additional measures consistent with their traditional oversight role. Some boards are asking how the prospectus is prepared and vetted, and by whom. Who signs off on each section of the prospectus, and what records are kept of the sign...

.... Jason Lane can be contacted at: jason.lane@bingham.com © Emerald Group Publishing Limited 2011 Securities regulation Broker‐dealers Investment advisers Investments Advisory services Information disclosure Regulation United States of America Enforcement alleged that these actions...

... implications for both the money management industry and entities financed by money market funds. Originality/value The paper provides information on money market reform for investment advisers, broker‐dealers, regulatory lawyers, institutional investors, and investment companies. Money market funds...

... been recently amended. Investments Form ADV Firm Brochure Supplement Disclosure © Emerald Group Publishing Limited 2011 Most advisers approached the new Brochure format requirements rather mechanically, not only using the mandatory headings in the required order but also...

...Robert Norman Sobol Purpose This paper aims to make investment compliance professionals aware of the new model of the flexible, high‐service open architecture broker‐dealer – which is characterized as the “plug and play” online brokerage. Design/methodology/approach An analogy is made to “plug...

...Richard M. Hervey Purpose The purpose of this paper is to explain the Regulated Investment Company Modernization Act of 2010, P.L. 111‐325, signed into law on December 22, 2010. Design/methodology/approach The paper summarizes the Act and provides a detailed explanation and analysis of each...

...Edward L. Pittman; Cheryl A. Krause; Thomas C. Bogle; Justin C. Danilewitz Purpose The aim of this paper is to explain the provisions of the US Foreign Corrupt Practices Act that may be applicable to investment advisers seeking investments from foreign governments. Design/methodology/approach...

..., and an expansion in the list of factors an associated person is required to consider as part of a customer's investment profile before making a recommendation. Findings FINRA's new suitability rule is notable for three reasons: the revised rule covers investment strategies and explicit recommendations to hold...

...Jessica Forbes; Mark Molle Purpose The purpose of this paper is to explain amendments to the Investment Advisers Act custody rule, that recently became effective, which are intended to provide advisory clients with additional protections when a registered investment adviser has access to client...