SEC warns advisers to step up compliance systems

SEC warns advisers to step up compliance systems
The exams revealed some advisory firms are lacking sufficient regulatory protocols and technology
NOV 19, 2020

The SEC warned registered investment advisers Thursday they’re falling short on compliance with securities regulations and not empowering firm officials who are supposed to keep them in line.  

The Office of Compliance Inspections and Examinations said in a risk alert that recent reviews of RIAs showed deficiencies related to the compliance rule, which requires firms to develop policies and procedures that ensure they meet their fiduciary and regulatory obligations.

“OCIE staff observed advisers that did not devote adequate resources, such as information technology, staff and training, to their compliance programs,” the risk alert states.

That worry is particularly acute when it comes to the role of chief compliance officers. The alert said CCOs were often spread too thin with other responsibilities. They also lacked the staff required to complete such tasks as performing annual reviews, accurately completing and filing Form ADVs or responding to books and records requests from the Securities and Exchange Commission.

The SEC found that CCOs were not given the latitude or access required to do their jobs effectively.

The message to RIAs is to treat their CCOs with respect, said Carlo di Florio, chief services officer at ACA Compliance Group.

“They should make sure their CCO has adequate independence, standing and authority,” said DiFlorio, a former OCIE director. “You have to give them authority to make critical decisions to support regulatory compliance.”

The risk alert also pointed out problems with annual reviews of written policies and procedures.

“OCIE staff observed advisers that were unable to demonstrate that they performed an annual review or whose annual reviews failed to identify significant existing compliance or regulatory problems,” the alert states.

The SEC also said firms had not hired additional compliance staff or added adequate information technology to ensure that compliance keeps pace with the growth of their operations.

“Regulators are getting sophisticated in their technology and data analytics, and they expect firms to do the same,” Di Florio said.

Latest News

In an AI world, investors still look for the human touch
In an AI world, investors still look for the human touch

AI is no replacement for trusted financial advisors, but it can meaningfully enhance their capabilities as well as the systems they rely on.

This viral motivational speaker can also be your Prudential financial advisor
This viral motivational speaker can also be your Prudential financial advisor

Prudential's Jordan Toma is no "Finfluencer," but he is a registered financial advisor with four million social media followers and a message of overcoming personal struggles that's reached kids in 150 school across the US.

Fintech bytes: GReminders and Advisor CRM announce AI-related updates
Fintech bytes: GReminders and Advisor CRM announce AI-related updates

GReminders is deepening its integration partnership with a national wealth firm, while Advisor CRM touts a free new meeting tool for RIAs.

SEC charges barred ex-Merrill broker behind Bain Capital private equity fraud
SEC charges barred ex-Merrill broker behind Bain Capital private equity fraud

The Texas-based former advisor reportedly bilked clients out of millions of dollars, keeping them in the dark with doctored statements and a fake email domain.

Trump's tax bill passes senate in hard-fought victory for Republicans
Trump's tax bill passes senate in hard-fought victory for Republicans

The $3.3 trillion tax and spending cut package narrowly got through the upper house, with JD Vance casting the deciding vote to overrule three GOP holdouts.

SPONSORED How advisors can build for high-net-worth complexity

Orion's Tom Wilson on delivering coordinated, high-touch service in a world where returns alone no longer set you apart.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today's choppy market waters, says Myles Lambert, Brighthouse Financial.