More On Legal & Compliancefrom The Advisor's Professional Library
- The Need for Thorough and Effective Policies and Procedures Whethere an advisor is SEC or state-registered, RIAs must revise their policies and procedures to address significant compliance problems occurring during the year, changes in business arrangements, and regulatory developments.
- Suitability and Fiduciary Duty Recommending suitable investments is more than just a regulatory obligation. Many investors bring cases claiming lack of suitability, so RIAs must continuously put the onus on clients to notify the advisor of changes in their financial situation.
In response to the voice vote today (Dec. 11) during debate on the financial services reform bill which struck down the provision that would have allowed the SEC to give FINRA inspection and rulemaking authority over a large segment of investment advisory firms, Investment Adviser Association Executive Director David Tittsworth issued a statement of approbation.
"We are pleased that the House of Representatives recognized that it would be inappropriate for FINRA - the self-regulatory organization for broker-dealers - to exercise inspection and rulemaking authority over investment advisers," said Tittsworth. He thanked his association's members for their hard work on the issue and acknowledged the efforts of the North American Securities Administrators Association, Consumer Federation of America, and other industry organizations that joined together in supporting the Cohen/Frank amendment .
"The fight, however, is far from over as FINRA will continue its lobbying efforts to extend its jurisdiction over investment advisers," Tittsworth continued. "The Senate Banking Committee is still developing its regulatory reform legislation and it appears that the regulatory reform debate will continue into 2010."