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

The 2025 InvestmentNews Awards Excellence Awardees revealed
The 2025 InvestmentNews Awards Excellence Awardees revealed

From outstanding individuals to innovative organizations, find out who made the final shortlist for top honors at the IN awards, now in its second year.

Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty
Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty

Cresset's Susie Cranston is expecting an economic recession, but says her $65 billion RIA sees "great opportunity" to keep investing in a down market.

Edward Jones joins the crowd to sell more alternative investments
Edward Jones joins the crowd to sell more alternative investments

“There’s a big pull to alternative investments right now because of volatility of the stock market,” Kevin Gannon, CEO of Robert A. Stanger & Co., said.

Record RIA M&A activity marks strong start to 2025
Record RIA M&A activity marks strong start to 2025

Sellers shift focus: It's not about succession anymore.

IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients
IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients

Platform being adopted by independent-minded advisors who see insurance as a core pillar of their business.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.