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2017 Examination Priorities Announced by the SEC
Friday, January 13, 2017

On January 12, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) released its 2017 examination priorities, which seek to address: (1) the protection of retail investors; (2) risks related to elderly and retiring investors; and (3) market-wide risks.

As part of its efforts to protect retail investors, OCIE indicated it will focus on: (1) registered investment advisers and broker-dealers that provide investment advice through automated or digital platforms and that offer wrap fee programs; (2) the compliance of exchange-traded funds with the Securities Exchange Act of 1934, as amended, and the Investment Company Act of 1940, as amended; (3) multi-branch and never-before-examined advisers; (4) financial industry employees with a track record of misconduct; and (5) conflicts of interest associated with the recommendation of mutual funds.

In order to assess risks that pertain to elderly and retiring investors, OCIE will analyze: (1) investment advisers and broker-dealers that offer retirement accounts; (2) the manner in which public pension plans manage conflicts of interest and fiduciary duties; and (3) registrants’ interactions with senior investors.

In order to seek to maintain fair, orderly and efficient markets, OCIE will review: (1) compliance with the SEC’s new rules governing money market funds; (2) cybersecurity policies and procedures and compliance with Regulation SCI; (3) certain clearing agencies and national exchanges; and (4) broker-dealers with regard to best execution and the establishment of appropriately tailored anti-money laundering programs.

OCIE’s 2017 examination priorities are available here, and the SEC’s press release, with respect to such priorities, is available here.

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