Topic
Form ADV
49 published works
RIA Law Journal
Custody Considerations For Registered Investment Advisers.
[The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational…
Cleary Enforcement Watch
SEC Risk Alert on Examinations: Who Gets Examined and Scope of Exams
By Robin M. Bergen, Amber V. Phillips, Lyric Gupta
On September 6th, the SEC Division of Examinations (the “Division”) published a risk alert with more detail on how it selects investment advisers for examinations and its process for determining…
Cleary Enforcement Watch
SEC Releases Slate of Enforcement Actions Against Advisers Related to Custody Rule Violations and Form ADV Deficiencies
By Robin M. Bergen, Benjamin Hayes, Ben Rosenblum
On September 9, 2022, the Securities and Exchange Commission (“SEC”) announced charges against several investment advisers for failure to comply with requirements of Section 206(4) of the Advisers Act and…
Cleary Enforcement Watch
Form PF, Take Two: The SEC and CFTC Propose Further Amendments To Reporting Obligations For Private Equity and Hedge Funds
By Robin M. Bergen, Amber V. Phillips, Ben Rosenblum
On August 10, 2022, the U.S. Securities and Exchange Commission (“SEC”) and Commodity Futures Trading Commission (“CFTC”) jointly adopted proposed amendments to Form PF that would significantly expand reporting by…
Compliance Building
CCO Liable in Cherry Picking Scheme
According to SEC’s complaint against Strong Investment Management and its owner, Joseph Bronson, for more than four years, Bronson traded securities in Strong’s omnibus account but delayed allocating the securities to…
Compliance Building
Form ADV FAQ Comes a Little Late
Most investment advisers filed their form ADVs last week, before the March 31 filing deadline. That didn’t stop the Securities and Exchange Commission from publishing a new FAQ about Form…
SEC Actions
SEC Sanctions Two Advisers Re Undisclosed Conflicts
Investment advisers, as fiduciaries, are required to disclose material conflicts of interest. Those disclosures should be incorporated into their brochure – Part II of Form ADV. Those obligations, and the…
The Energy Law Blog
SEC Gives Advisers Additional COVID-19 Regulatory Relief
The SEC announced on March 25, 2020 additional regulatory relief for investment advisers impacted by the Coronavirus. The SEC extended relief from May 15 until June 30, 2020 for filing…
Compliance Building
More Filing Relief from the SEC
The SEC must have realized that its relief from Form ADV filing and Form PF filing deadlines was not providing much relief. The SEC issued a new order for the…
Compliance Building
Some Additional Relief From the SEC
The timing of the Coronavirus is coming at the time most private funds are working on audited financial statements. Form ADV and Form PF The first move was giving some…