Investment Adviser's Legal and Compliance Guide, Second Edition is an invaluable guide written to assist attorneys and investment advisers in both drafting their compliance policies and procedures and reviewing them annually. In addition, the book serves as a practical tool for experienced attorneys and compliance officers for fulfilling their changing responsibilities under new rules adopted under the Investment Advisers Act of 1940, as well as new staff interpretations and guidance. For the Second Edition, the original author, Terrance J. Oand’Malley, is joined by John H. Walsh. While both authors are seasoned practitioners and acknowledged experts in the area of investment adviser compliance matters, Mr. Walshand’s years of experience, including at the SEC, are reflected in the enhanced practical discussion of relevant legal and compliance issues, including increased numbers of compliance tips, enforcement and regulatory alerts, and compliance tools. Investment Adviser's Legal and Compliance Guide, Second Edition covers in detail such topics as: Filings and amendments that an adviser must make to maintain its SEC registration Major rules and requirements dealing with marketing and attracting new clients Issues arising in connection with the management of private funds The SEC's examination process New clients, and the management of client accounts. The book also covers requirements relating to the adviser's obligation to its customers, including preventing insider trading and other trading abuses, as well as an adviser's recordkeeping, which is a major factor in meeting the requirements of the Investment Advisers Act. In addition, Investment Adviser's Legal and Compliance Guide, Second Edition provides registered investment advisers and their legal counsel with a comprehensive review of their compliance responsibilities that arise under the Investment Advisers Act.

Investment Adviser Regulation: A Step-by-Step Guide to Compliance and the Law gives you the thorough regulatory guidance you need to understand the rules currently governing investment advisers while ensuring you keep pace with the tougher rules to come. This straightforward, easy-to-read compliance resource shows you how to file and update the pivotal Form ADV and draft compliant advisory contracts.

Investment Adviser's Legal and Compliance Guide

The Investment Advisor''s Compliance Guide, 3rd Edition delivers a concise yet comprehensive explanation of the rules and how they affect the work you do on a daily basis-no matter where you''re registered. It can be used as basic training for new Investment Advisor Representatives (IARs), as well as seasoned professionals. Best of all, it''s in plain English and will be helpful to both SEC and state-registered investment advisors (RIAs), as well as IARs. This title: Covers the SEC''s new marketing rule effective November, 2022, including new rules on advertising Identifies investment advisors'' fiduciary duties, including the Investment Advisers Act''s requirement to seek best execution for their clients Explains the registered investment advisor (RIA) registration requirements with either the Securities and Exchange Commission or state regulators Describes how to deal with client complaints as well as how to meet and exceed client expectations, as well as advice on how to deal with senior investors Provides the latest guidance from the NASSA, including the latest NASAA adviser''s guide and model rules Helps Chief Compliance Officers to identify situations that may subject them to personal liability Provides advice on Form ADV, the form used by investment advisers to register with both the Securities and Exchange Commission ("SEC") and state securities authorities, including how misstatements on Form ADV can lead to serious compliance issues Describes how to deal with client complaints as well as how to meet and exceed client expectations, as well as advice on how to deal with senior investors New in the 2023 Edition: A new chapters on the SEC''s Marketing Rule, including the use of testimonials, endorsements, third-party ratings, and performance advertising Analysis of the SEC''s new strategic plan for fiscal years 2022 through 2026, including the goals of protecting families against fraud and manipulation, developing a robust regulatory framework, and supporting a skilled workforce that is diverse and inclusive Personal liability issues facing Chief Compliance Officers (CCOs), including a discussion of the the SEC Commissioner''s 2022 personal liability analysis and the National Society of Compliance Professionals (NSCP)''s Firm and CCO Liability Framework to provide guidance to CCOs Update on the SEC''s 2022 Staff Bulletin: Standards of Conduct for Broker-Dealers and Investment Advisers Conflicts of Interest Impact of the pandemic on RIAs'' compliance obligations The use and misuse of today''s top social media platforms How new forms of communication can create compliance problems Form CRS and Regulation Best Interest compliance issues New discussion of senior clients, including coverage of the NASAA Model Act to Protect Vulnerable Adults from Financial Exploitation Topics Covered: The SEC''s new marketing rule, including discussion of advertising services Registration requirements for Investment Advisor Representatives The anti-fraud provisions of the Investment Advisers Act, including disclosure of conflicts of interest The code of ethics rule, including the purpose of the rule and insider trading Filing and updating of Form ADV Client communication and miscommunication, including the use of social media Analysis of the Investment Advisers Act''s "Compliance Program Rule," which requires advisors registered with the SEC to adopt and implement written compliance policies and procedures Issues related to fee miscalculations, including SEC warnings to about correctly aggregating household assets for purposes of fee calculations and over-billing of advisory fees Requirements for advisory contracts, including language to include in those contracts Fiduciary duty owed by investment advisors, including the fiduciary duty owed by robo-advisors and the best execution role Meeting and exceeding clients'' expectations Business continuity rules and succession planning The pay-to-play rule

In theory, financial professionals are relatively distinct: A broker-dealer conducts transactions in securities on behalf of itself and others; and an investment adviser provides advice to others regarding securities. Different laws regulate each type of professional, but boundaries have blurred. This report examines current business practices and investor understanding of each type.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.