companion Notice and Order by the CFTC on the same day, the National Futures Association (NFA) was authorized to perform registration functions under the new rulemaking. Specifically, the NFA is…
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MFA Submits Rulemaking Petition on Rule 502 of Regulation D
Written by Jay Gould and Peter Chess Managed Funds Association (“MFA”) submitted a comment letter (the “Letter”) to the Securities and Exchange Commission (“SEC”) on January 6, 2012 with…
SEC Focuses on Investment Advisers’ Use of Social Media
investment adviser may want to consider when evaluating a compliance policy for the use of social media. These include, but are not limited to: Usage Guidelines. Investment advisers may…
Readoption of California Emergency Regulation — Private Adviser Exemption
The California Commissioner of Corporations (Commissioner) has released a notice regarding readoption of the emergency regulation on private adviser exemption. On January 5, 2012, the Commissioner will file with…
Broker-Dealer Update: FINRA and the OCIE Release Guidance on Broker-Dealer Branch Inspections
Written by Peter J. Chess On November 30, 2011, FINRA and the SEC’s Office of Compliance Inspections and Examinations (OCIE) released a National Exam Risk Alert on effective procedures…
Review of The Year of Rabbit – Trends Involving Investors in China’s RMB Funds
set of guidelines issued by the CSRC in July 2011. The guidelines permit securities companies to directly invest in Chinese entities or form “direct investment funds” (“DIF”) to raise and…
Three Investment Advisers Penalized by the SEC for Compliance Failures
review its compliance operations annually for two years, provide a copy of the SEC’s order to past, present and future clients, and prominently post a summary of the order on…
Over $3.3 Million Charges Against Morgan Stanley Investment Management for Improper Fee Arrangement
and its investors approximately $1.8 million in sub-adviser fees. MSIM is the primary adviser to The Malaysia Fund (the “Fund”), a closed-end investment company that invests in equity securities of…
Accounting for Cybersecurity: SEC Guidance on Disclosures to Investors and Regulators
Written by John L. Nicholson On October 13, the Securities and Exchange Commission (SEC) Division of Corporation Finance released CF Disclosure Guidance: Topic No. 2 – Cybersecurity (the “Guidance”),…
FINRA Proposes Rule to Require Additional Notice Filing and Delivery to Hedge Fund Investors
for the purpose of determining compliance with FINRA rules or other applicable regulatory purposes. In addition, FINRA would afford confidential treatment to any comment or similar letters by FINRA and…