RIACF & LawVisory University: Recent Episodes
Jeffrey Smith
The primary purpose of this series is to educate and empower in-house registered investment adviser legal and compliance professionals and others interested in this area so they can be more confident and able in their roles.
This program is designed to help you meet the tremendous, growing responsibilities laid upon your back by the lawmakers and regulators that examine and enforce the countless laws, rules and regulations applicable to registered investment advisers in the United States of America.
In this episode, we are looking at SEC Rule 206(4)-7, “The Compliance Rule”. You might be asking yourself the question, “Isn’t this entire series about compliance?” The answer is yes. However, this rule has become known as “The Compliance Rule” since this rule requires the establishment of what the SEC views as the heart and foundation of any successful compliance program.
In this episode, we are looking at SEC Rule 206(4)-6, which relates to proxy voting. What is proxy voting? This is the act of someone other than the owner of the securities casting a vote for or against certain corporate actions on behalf of that security owner. The rule and rule amendments were designed to ensure that advisers vote proxies in the best interest of their clients and provide clients with information about how their proxies are voted.
In this episode, we are looking at SEC Rule 206(4)-5, which relates to political contributions. Unsavory investment advisors in cahoots with unscrupulous politicians and their operatives decided in the past to trade political favors namely in the form of political contributions for the act of directing state run retirement plans towards those asset managers that facilitated those political contributions. The way the SEC dealt with this problem was to create rules around the limits, monitoring and approvals of political contributions by asset managers and prohibitions on the management of government plans where someone made political contributions in the past.
In this episode, we are looking at SEC Rule 206(4)-3, which relates to solicitation arrangements. Under rule 206(4)-3 of the Advisers Act, it is unlawful for any SEC registered investment adviser to pay a cash fee, directly or indirectly, to a solicitor with respect to solicitation activities unless a few important conditions are met. It is important that SEC RIA’s understand and properly apply Rule 206(4)-3 if they choose to use solicitors to raise their AUM.
In this episode, we are looking at SEC Rule 206(4)-2, known as the Custody Rule, which states that it is a fraudulent practice for a registered investment adviser to have custody of client funds or securities, unless the adviser takes certain required steps to protect the assets.
In this episode, we are looking at SEC Rule 206(4)-1, also known as the Advertising Rule, which states that it shall constitute a fraudulent, deceptive, or manipulative act, practice, or course of business within the meaning of section 206(4) of the Act for any investment adviser, directly or indirectly, to publish, circulate, or distribute any advertisement that meets certain criteria.
In this episode, we are looking at Section 206 of the Advisers Act, which prohibits misstatements and material factual omissions and other fraudulent acts in connection with the conduct of an investment advisory business.
In this episode, we are looking at what many RIAs might view as one of the most important parts of the Advisers Act, because it deals with the agreements that RIAs have with their clients and the fees that are charged to clients.
In this episode, we are looking at Sections 204A and Rule 204A-1, known as the Code of Ethics Rule of the Investment Advisers Act of 1940.
In this episode, we are looking at Sections 204A and Rule 204A-1, known as the Code of Ethics Rule of the Investment Advisers Act of 1940.
In this episode, we are looking at Section 203 of the Investment Advisers Act of 1940, which deals with the registration requirements for SEC registered investment advisers.
This episode is an overview of the Investment Advisers Act of 1940, and is designed to provide a firm conceptual framework and foundation upon which to build your understanding of the most important law affecting investment advisers in the United States.
We are extremely excited to share with you RIACF & LawVisory University, where we will be providing free educational content teaching legal and compliance professionals working with or for registered investment advisers.