SEC won’t offer any grace period for Reg BI compliance

SEC won’t offer any grace period for Reg BI compliance
In its annual examination priorities letter, the agency also shows it is once again targeting fee disclosure
JAN 07, 2020

The Securities and Exchange Commission doesn't plan to let any grass grow under its feet when it comes to checking on the implementation of investment-advice reform by brokers and registered investment advisers.

In its annual examination priorities document released Tuesday, the SEC’s Office of Compliance Inspections and Examinations said it will check with brokers on their progress in implementing Regulation Best Interest, which is designed to strengthen the broker standard of care, before the June 30 deadline.

In July, OCIE will immediately start to probe compliance with Reg BI as well as with the customer relationship summary known as Form CRS, which is meant to illustrate for clients the differences in fees and services between brokers and advisers.

“After the compliance dates, OCIE intends to assess implementation of the requirements of Regulation Best Interest, including policies and procedures regarding conflicts dislclosures, and for both broker-dealers and RIAs, the content delivery of Form CRS,” the priorities document states.

The SEC approved the advice-reform rulemaking package containing Reg BI and Form CRS last June. Often when a new rule goes on the books, the SEC provides a grace period before examining for it, said Ivan Harris, a partner at Morgan Lewis.

“We typically don’t see such an immediate focus on compliance with a new rule as we’re seeing with Reg BI,” Mr. Harris said. “Having OCIE focus on it is only going to put more pressure on firms to make sure they meet the compliance deadline. This sends a clear message that firms are expected to be laying the groundwork now for the effectiveness of the rule this summer.”

SEC examinations this year also will target electronic investment advice, often called robo-advisers.

“The increasing rate of new formations of robo-advisers is a factor that’s leading to the increased SEC focus,” said John Lore, managing partner at Capital Fund Law Group.

When it probes automated investment tools and platforms, the SEC said it will concentrate on “adherence to fiduciary duty, including adequacy of disclosures,” among other areas.

That could present a compliance challenge for online investment advisers, Mr. Lore said. “It requires a deep understanding of the client’s needs and objectives that is difficult to do in a robo-advisory,” he said.

Once again this year, the SEC said it will target disclosures of fees, expenses and conflicts of interest, as well as the costs of investments such as mutual funds and exchange-traded funds. It highlighted its ongoing probe of financial incentives that promote the selection of high-fee funds.

“It does appear the focus on fees is not ending any time soon,” Mr. Harris said.

In the priorities document, OCIE indicated that it examined 15% of registered investment advisers in fiscal 2019, down from 17% in fiscal 2018 but up from 10% in fiscal 2014. It noted that a government shutdown last January affected its statistics. The SEC said it has been able to make gains in adviser coverage through program efficiencies, realignment of internal staffing and investment in training.

The number of RIAs that OCIE oversees increased from 11,500 in fiscal 2018 to 13,475 in fiscal 2019, while RIAs’ assets under management grew from $62 trillion to $84 trillion.

Latest News

CAIS embeds Claude AI into advisor workflows for alternatives intelligence
CAIS embeds Claude AI into advisor workflows for alternatives intelligence

The alts tech provider's latest integration lets advisors query fund data and surface portfolio insights without leaving their primary workspace.

FINRA puts structured product supervision under the microscope
FINRA puts structured product supervision under the microscope

The regulator is scrutinizing how some firms oversee concentrated positions in complex "worst-of" notes – and wants answers.

RIA moves: Beacon Pointe tops $4B in New England with latest female-founded partner firm
RIA moves: Beacon Pointe tops $4B in New England with latest female-founded partner firm

Meanwhile, Carson Group fully integrates a decades-old practice in Phoenix, Arizona, and Triad Wealth touts its 5x growth to hit a $2 billion milestone.

Gen Z is cutting spending but retirement savings are still constrained by living costs: BofA
Gen Z is cutting spending but retirement savings are still constrained by living costs: BofA

Matt Gellene shares the bank’s latest research on how young adults are managing their finances.

For most advisors, AI goes from threat to competitive necessity
For most advisors, AI goes from threat to competitive necessity

Survey data reveal a widening divide between early AI adopters and those still on the sidelines – with career stage and AUM emerging as key fault lines.

SPONSORED Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management

SPONSORED Durability over scale: What actually defines a great advisory firm

Growth may get the headlines, but in my experience, longevity is earned through structure, culture, and discipline