SEC Issues New Warning Regarding Reg BI Compliance Lapses

Posted on February 10th, 2023 at 1:54 PM
SEC Issues New Warning Regarding Reg BI Compliance Lapses

From the Desk of Jim Eccleston at Eccleston Law.

The Securities and Exchange Commission (SEC) has issued a warning indicating that financial advisory firms are relying on outdated systems to achieve compliance with Regulation Best Interest (Reg BI).

The SEC’s risk alert outlines several compliance problems that the SEC discovered during targeted exams, some of which have resulted in violations relating to rollover and account recommendations. The SEC’s risk alert indicates that the agency’s exam division aims to incorporate compliance with Reg BI “into retail-focused examinations of broker-dealers, particularly those that include sales practices within the scope of the examination.” The risk alert emphasizes the compliance deficiencies discovered during exams as well as instances of faulty practices that could potentially lead to deficiencies.

The SEC additionally noted that financial advisory firms depend “heavily on surveillance systems that existed before the effective date” of Reg BI “without considering whether those systems needed modification.” The SEC also discovered a host of conflict of interest problems, such as several financial advisory firms failing to employ written policies or protocols for identifying and addressing conflicts.

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, regulatory and disciplinary matters.

Tags: eccleston, eccleston law, advisors, law, sec

Return to Archive

TESTIMONIALS

Previous
Next

Thank you for your professional assistance with this matter. You are very good at what you do.

John T.

LATEST NEWS AND ARTICLES

December 19, 2024
GPB Capital Investors See Progress as Court Confirms Receivership

In a significant development for investors in GPB Capital Holdings, the private equity firm will move into receivership following a prolonged legal battle.

December 18, 2024
SEC Fines Cantor Fitzgerald $6.75 Million for Misleading SPAC Investors

The Securities and Exchange Commission (SEC) has charged Cantor Fitzgerald, L.P. with causing two special purpose acquisition companies (SPACs) under its control to make misleading statements to investors before their initial public offerings (IPOs). 

December 17, 2024
Former Western Asset Management Co-CIO Charged with Fraud for Cherry-picking Trades

The SEC recently charged Ken Leech, former Co-CIO of Western Asset Management, with fraud.