State regulators report advisers' top five trouble areas for compliance

State regulators report advisers' top five trouble areas for compliance
Latest exam data from state regulators show deficiencies are down dramatically, but some areas are particularly problematic.
OCT 22, 2015
Investment advisers are improving their compliance with securities laws, according to state regulators, but some areas are proving particularly difficult to manage. The latest batch of state coordinated examinations show that the number of deficiencies declined by 30% from 2013 to 2015. The results, released by the North American Securities Administrators Association Inc. on Monday, were based on sample exams in 42 jurisdictions between January and June of this year. Every two years, state examiners voluntarily report sample data to NASAA. The 1,170 examinations in 2015 turned up 4,983 deficiencies in 22 compliance areas, compared with 6,482 deficiencies in 20 compliance areas reported in 2013. “The data suggests a robust state examination program and adherence to NASAA's recommended best practices has helped investment advisers focus on remediating problem areas, which in turn reduces the risk of regulatory violations,” William Beatty, NASAA president and Washington State Securities director, said in a statement. But the picture wasn't all rosy. The biggest compliance problems for state-based advisers involved books and records, with about 74.8% of advisers showing deficiencies. They tended to trip up on documenting the suitability of their client recommendations. “Maintaining sound books and records is the best way for investment advisers to protect themselves and their clients,” Mr. Beatty said. Rounding out the top five trouble areas: contracts (failing to explain fees), registration (inconsistencies on ADV Part 1 and Part 2), fees (not charging what's outlined in the ADV) and custody (improper client invoices for direct-fee deductions). State securities regulators oversee advisers with less than $100 million in assets under management. The Dodd-Frank financial reform law shifted about 2,100 advisers with between $30 million and $100 million in AUM from Securities and Exchange Commission regulation to the states in 2013.

Latest News

Bluespring Wealth snaps up $1.1B New Jersey RIA in fifth deal of 2026
Bluespring Wealth snaps up $1.1B New Jersey RIA in fifth deal of 2026

Synthesis Wealth Planning brings a fivefold asset growth story and a recently merged practice to the Bluespring fold.

Clients expect to know if you use AI, but don’t realize that their portfolios are likely exposed
Clients expect to know if you use AI, but don’t realize that their portfolios are likely exposed

Janus Henderson Investors research reveals demand for transparency, but lack of awareness of AI’s prevalence in the corporate world.

Retirement dream looking more like a luxury as cost-of-living squeezes savings
Retirement dream looking more like a luxury as cost-of-living squeezes savings

New research reveals rising expenses, forced early exits, and a widening gap between how long people live and how long their money lasts.

Advisor moves: LPL, Raymond James, Brighton Jones raid the talent pool
Advisor moves: LPL, Raymond James, Brighton Jones raid the talent pool

Firms continue their quest to attract and retain the best advisor teams.

Most advisors say AI portfolio construction is worth $500 a month
Most advisors say AI portfolio construction is worth $500 a month

A survey from TacticalMind AI found 69% of advisors say a high-quality AI platform that makes investment recommendations and constructs portfolios is worth $500 monthly, while research-only tools are valued closer to $250.

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