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RIAs Must Make Good on Fee Refunds and Fully Disclose Their Financial Condition

July 27, 2018 by Ara Jabrayan Leave a Comment

On July 20, 2018, the SEC announced the settlement of charges against a Beverly Hills-based Registered Investment Adviser (RIA) and its majority owner, because the firm improperly refused to refund unearned advisory fees to 63 clients who left the firm. The RIA also made material misstatements in written disclosures to clients regarding the firm’s financial condition. According to the SEC’s order instituting administrative and cease-and-desist proceedings, the RIA and its owner withheld $131,000 in prepaid unearned advisory fees. The 63

Testimonial Rule and Social Media Intersect in Recent Enforcement Actions

July 17, 2018 by Ara Jabrayan Leave a Comment

On July 10, 2018, the SEC settled enforcement actions brought against two SEC-Registered Investment Advisers (RIAs), three Investment Adviser Representatives (IARs), and a marketing consultant, for their involvement in violating the Testimonial Rule using social media and the Internet. Rule 206(4)-1(a)(1) under the Investment Advisers Act sets forth what types of advertisements are prohibited. The rule prohibits express or implied testimonials. Although the word “testimonial” is not defined in Rule 206(4)-1, it has been interpreted as being a statement of

SEC Publishes Most Frequent Best Execution Deficiencies Found by Examiners

July 16, 2018 by Ara Jabrayan Leave a Comment

On July 11, 2018, the Office of Compliance Inspections and Examinations (OCIE) released a risk alert dealing with the most frequent best execution deficiencies identified during investment adviser exams. The risk alert can help Registered Investment Advisers (RIAs) improve their best execution policies and procedures and avoid potential problems during their own examinations. The duty to seek best execution is an important component of an RIA’s fiduciary obligation. Investment advisers must attempt to obtain the best qualitative execution for the

Frequent Advisory Fee and Expense Compliance Issues

April 16, 2018 by Ara Jabrayan Leave a Comment

On April 12, 2018, the Office of Compliance Inspections and Examinations (“OCIE”) issued a National Exam Program risk alert in which it outlined the most frequent advisory fee and expense compliance issues identified in deficiency letters sent to SEC-registered investment advisers. To read the full risk alert, click here. The six most frequent areas of concern noted were: Fee-Billing Based on Incorrect Account Valuations – for example, using a different metric or process than was specified in the client agreement or

RIAs Breach Their Fiduciary Duty with Improper Share Class Selection

April 9, 2018 by Ara Jabrayan Leave a Comment

On April 6, 2018, the SEC ordered three Registered Investment Advisers (RIAs) to pay $12 million to clients harmed by the firms’ breach of their fiduciary obligations. The RIAs had generated millions of dollars in improper fees by selecting higher-cost mutual fund shares for clients, even though less expensive ones were available. In total, the three RIAs were ordered to pay nearly $15 million. The SEC’s orders stated that the RIAs failed to disclose conflicts of interest and violated their

Compliance Budgets Up by 9%, But CCOs Say the Real Cost is Time

December 13, 2017 by Mac Bartine Leave a Comment

It’s been a disappointing year for those who thought the new administration would quickly roll back regulations and oversight in the financial industry, including state and SEC compliance for Registered Investment Advisors. This time last year, some RIAs were hoping to decrease their compliance budgets and apply those dollars to other efforts. Contrary to expectations, WealthManagement.com reports that compliance budgets are up by nine percent this year. While some regulatory changes, including the Department of Labor’s Fiduciary Rule, have been

Manage More Clients in Less Time with this RIA Software Tool

December 13, 2017 by Mac Bartine Leave a Comment

Working as a RIA compliance consultant, you need to account for every step of the process, including new client on-boarding, compliance tasks, document storage, and employee management, to audit preparation. You’ll also encounter last-minute items that constantly get added to your checklist. If you’re not using an RIA software solution that makes your job easier, faster, and more efficient, then your business could be wasting precious time and money that could be spent in more profitable (or more fun!) ways. RIA

3 Tools for RIA Compliance Consultants

December 12, 2017 by Mac Bartine Leave a Comment

When you’re an RIA compliance consultant, chances are you’ve got more than one job title. In a small business especially, you might also serve as the company CEO, CCO, accountant, social media administrator, human resources representative, or office manager. To perform any or all of these duties well, you need easy-t0-use tools for RIA compliance consultants that can help to optimize your workflows. You’ve got a lot to deal with, and juggling so many tasks can negatively impact your ability

Attention RIAs: Updated Form ADV Now Includes Your Social Media Accounts

December 4, 2017 by Mac Bartine Leave a Comment

In October, the SEC announced several changes to Form ADV, the main reporting document for registered investment advisors (RIAs). One of these changes illustrates just how much social media has permeated the business landscape and how it can affect your company if not managed properly. What you post on social media can have real repercussions on your career. That’s right, the sage advice you’re given before leaving school to pursue your first job applies even when you’ve established a career

Release Notes for November 2017

December 1, 2017 by Mac Bartine Leave a Comment

SmartRIA is always working to improve our products and services to make sure our users have the best experience with our software. Here’s what we did to update our software in November. If you have features you’d like us to add, let us know. We’d love to hear from you. We’re very excited about our new Advanced Compliance module, which will be fully available in Q1 of 2018 – more about its associated purpose and functionality soon! New Features: Added: Enhancements to password