Trading Practices, Portfolio Compliance and Related Enforcement Cases
As a fiduciary, an investment adviser has many obligations to the client including developing, implementing and testing policies, procedures and disclosures to ensure proper trading practices. Compliance, legal and trading experts will offer an overview of the trading process and appropriate best practices, and provide “hands-on” compliance solutions for the following mission-critical areas: fiduciary duty and client investment objectives/restrictions, aggregation, allocation, personal and proprietary trading, principal and agency cross transactions, side-by-side management, effective supervisory systems, and special considerations for hedge funds.
This session will focus on the critical risk area of portfolio compliance. Managing a client’s portfolio within relevant limitations and objectives is one of the most important fiduciary responsibilities of an investment adviser. Investment advisers are responsible for knowing their clients’ investment policies, guidelines and mandates, as well as any other applicable investment restrictions, and for managing their clients’ accounts strictly in accordance with such guidelines and restrictions. The SEC views consistency of portfolio management decisions with clients’ mandates as a primary internal control process.
Books and Records Requirements for Investment Advisers
For the average investment adviser, the prospect of managing the administrative and compliance aspects of the daily operations of the firm can be daunting. This pressure is further multiplied by recent regulatory trends and enforcement actions. Given these trends, advisers need to be particularly concerned about the accuracy, quality, and completeness of the firm’s books and records as required by Rule 204-2 of the Advisers Act.
Generally speaking, at the outset of an examination, the SEC will form an early assessment of your firm’s internal controls based upon the quality of your record keeping, and your ability to respond quickly to requests for information. Examiners will ask for numerous records to be available for review, many of which are not "required" records as described in Rule 204-2. Nonetheless, as a registered investment adviser, your firm is obligated to comply with such records requests. In addition, certain books and records may be requested in electronic format to allow for easier analysis of data. These recordkeeping requirements apply to a vast array of topics ranging from the maintenance of the firm’s financial records to records pertaining to the firm’s custody practices.
This seminar will not only cover the nuts and bolts of the SEC books and records rule, including recent amendments, but will incorporate an overview of the SEC’s expectations regarding non-required records that are included in the SEC examination document request list, samples of which will be provided. Paper and electronic storage of records, including email technology and solutions, will be discussed as will record management practices that help advisers avoid common examination deficiencies.
Investment Adviser Performance and Advertising
Investment adviser advertising continues to be one of the top problem areas identified by the SEC. Advertising and performance often present complex issues for all advisers, as well as many traps for the unwary, frequent exam deficiencies and, in the worst cases, potential for SEC enforcement actions.
The SEC has devoted considerable attention to how and under what circumstances investment advisers may advertise their services and present performance to clients.
This session is designed to help advisers avoid the common pitfalls and understand the fundamental advertising rule requirements and the many SEC no-action letters covering testimonials, partial client lists, websites, presenting gross and net performance and the numerous required and recommended disclosures for advertising and performance materials.
Form ADV Part 2: Identifying and Disclosing Conflicts
The Form ADV Part 2 is a “plain English” narrative approach to client disclosure. Investment Advisers are required to file their disclosure brochures electronically and the public has access to these brochures via the Investment Adviser Public Disclosure (IAPD) website. This course will examine the form’s 19 specific disclosure topics, including advisory business, fees and compensation, disciplinary events and brokerage practices. In addition, the course will delve into the mechanics of the Form ADV Part 2B, “brochure supplement,” requirement. An investment adviser representative résumé-like disclosure for each individual providing advice to a client.
Both SEC commissioners and staff continue to emphasize the importance of meaningful, clear and useful disclosure, as well as the need for advisers to avoid legalese and boilerplate disclosures. Lessons learned from prior filings of Form ADV Part 2 will be reviewed to gain further clarity into how to complete the narrative in ways that will withstand current SEC scrutiny. Disclosure on the adviser’s actual practices and conflicts, as well as on practices and conflicts reasonably likely to exist, will be reviewed to highlight material facts concerning conflicts and address the requirement of how the adviser deals with them.
The course will also address:
- How to identify conflicts of interest within the framework of Part 2
- Guidance for disclosing conflicts of interest, compensation arrangements, fee structures and soft dollars arrangements, among other conflicts
- The growing implications of public access to the firm’s brochure on the Investment Adviser Public Disclosure (IAPD) website
Form ADV Part 1: Annual Updating Amendment and More
Inaccurate and/or inadequate Form ADV disclosures are consistently cited in the SEC’s and many states’ list of “Top Deficiencies.” In this session, experts will systematically walk through Form ADV Part 1 and examine disclosure requirements that impact all advisers (including private fund advisers). This session will also review the method of calculating “regulatory assets under management (RAUM),” re-examine the changes to the ADV Part 1A that became effective in 2018 and discuss how the SEC’s new custody guidance on first- and third-party transfers should be reflected on Form ADV. Finally, your instructors will provide guidance on correlating the information reported in Form ADV Part 1 to disclosures in Form ADV Part 2.
After attending this course, attendees should be able to:
Compliance Programs Rules and Strategies for Managing Your Annual Review
Compliance professionals must be ever mindful of the ongoing mandates embodied in Rule 206(4)-7 under the Investment Advisers Act and Rule 38a-1 under the Investment Company Act to maintain, review, test and modify written compliance policies and procedures that are reasonably designed to detect violations and weaknesses in internal controls and compliance systems. Commonly referred to as the “Compliance Programs Rules,” these rules specifically require that advisers and funds implement and maintain policies and procedures designed to detect, prevent and correct compliance problems in key areas of their operations and to conduct an at least annual review to gauge their effectiveness.
This seminar will identify essential internal controls and compliance testing and documentation procedures within the structure of a “real-world” practical compliance program. The seminar will also deal with how to conduct periodic or annual compliance reviews that identify and address compliance gaps or risks, including the level of detail appropriate for an annual review report.
TD Ameritrade Elite Advisor Summit – Elite LINC 2018
TBD
TD Ameritrade's Elite Advisor Summit. Formal invitation required.
Open to a select group of advisors who are best-in-class, gathering with peers to learn, inspire, network and collaborate.
Income and Alts Virtual Summit 2017
DATE TBD
Bringing together thousands of financial advisors in a renowned, cutting-edge environment, the Income and Alts Virtual Summit will address the latest income and liquid alternative trends, opinions and investment ideas. This innovative online forum has been developed as the ideal platform for experts throughout the investment world to share ideas, network with peers, and educate one another on their unique offerings without the burdens of cost and traveling.
IAA Leadership Conference 2018
TBD
The IAA’s Leadership Conference brings together executives from a variety of investment advisory firms and provides a special occasion to understand industry trends, exchange ideas, and develop valued relationships with IAA members and other SEC-registered investment advisers. Conference topics include economics, politics, and business strategy. Facilitated breakout sessions enable participants to discuss the challenges and opportunities they have in common with other advisers.