The 40 Act Blog

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November 19, 2024

SEC Charges Robo-Adviser with Marketing Rule Violations

Regulatory Compliance & Enforcement Actions, Investment Advisers

November 12, 2024

SEC Staff Issues Risk Alert Regarding Examination Process for Registered Funds

Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

November 11, 2024

Financial Services Firm Affiliates Settle Five SEC Enforcement Actions for Allegedly Misleading Customers and Failing to Act in their Best Interests

Regulatory Compliance & Enforcement Actions

November 5, 2024

SEC Charges Investment Company, CEO and Board Member for Alleged Misleading Statements Regarding Use of Artificial Intelligence

Regulatory Compliance & Enforcement Actions, Investment Advisers

November 4, 2024

SEC Charges Adviser with Failing to Follow ESG Investment Criteria

Regulatory Compliance & Enforcement Actions

November 1, 2024

SEC Division of Examinations Releases its 2025 Examination Priorities

Exchange-Traded Funds (ETFs), Closed-End Funds, Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

October 31, 2024

Broker-Dealer Charged in Spoofing Scheme

Regulatory Compliance & Enforcement Actions

October 24, 2024

SEC Section 13 Enforcement Sweep

Regulatory Compliance & Enforcement Actions

October 9, 2024

Continued SEC Enforcement Actions Relating to Off Channel Communications

Regulatory Compliance & Enforcement Actions

October 8, 2024

SEC Settles Charges with Adviser for Fraud Involving Overvaluation of CMOs

Regulatory Compliance & Enforcement Actions

September 12, 2024

Department of the Treasury Releases New AML/CFT Rule for Investment Advisers

Regulatory Compliance & Enforcement Actions, Investment Advisers

September 11, 2024

SEC Enforcement Action Rundown

Regulatory Compliance & Enforcement Actions

September 6, 2024

SEC Charges Investment Adviser with MNPI-Related Compliance Failures

Regulatory Compliance & Enforcement Actions, Investment Advisers

August 29, 2024

SEC Drops Swing Pricing, Adopts Amendments to Form N-PORT and N-CEN and Issues Guidance on Open-End Fund Liquidity Risk Management Programs

Regulatory Compliance & Enforcement Actions

August 27, 2024

SEC Settles Charges with a Publicly Traded Company and its Controlling Shareholder for Not Disclosing Pledge of Company’s Securities as Collateral for Personal Loans

Regulatory Compliance & Enforcement Actions

August 22, 2024

SEC Fines Twenty-Six Firms for Recordkeeping Failures in Latest Off-Channel Communications Sweep

Regulatory Compliance & Enforcement Actions, Investment Advisers

August 5, 2024

SEC Charges Publisher for Manipulation Scheme Targeting Retail Investors

Regulatory Compliance & Enforcement Actions

July 29, 2024

NYSE Proposes Rule Change to Exempt Registered Closed-End Funds From Requirement to Hold Annual Shareholder Meetings

Closed-End Funds, Regulatory Compliance & Enforcement Actions, BDCs

July 18, 2024

SEC Releases Spring 2024 Regulatory Agenda, Plans to Re-Propose Several Key Rules

Regulatory Compliance & Enforcement Actions

July 3, 2024

SCOTUS Holds that Defendants in SEC Enforcement Actions Seeking Civil Penalties are Entitled to Jury Trial

Regulatory Compliance & Enforcement Actions

June 7, 2024

SEC Adopts Data Privacy Rule Amendments to Regulation S-P

Exchange-Traded Funds (ETFs), Closed-End Funds, Regulatory Compliance & Enforcement Actions, BDCs, Investment Advisers, Mutual Funds

May 28, 2024

SEC and FinCEN Propose Customer Identification Program Requirements for Registered Investment Advisers and Exempt Reporting Advisers

Regulatory Compliance & Enforcement Actions, Investment Advisers

May 16, 2024

SEC Settles Charges Against Adviser for Improperly Splitting Legal Fees

Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

May 8, 2024

SEC Staff Publish New Registered Fund Statistics Report

Exchange-Traded Funds (ETFs), Closed-End Funds, Regulatory Compliance & Enforcement Actions, Mutual Funds

May 7, 2024

SEC Charges Five Advisers with Violations of the Marketing Rule; SEC Staff Releases Risk Alert on Marketing Rule Compliance

Regulatory Compliance & Enforcement Actions, Investment Advisers

April 30, 2024

CBOE Applies for SEC Approval to List and Trade ETF Share Classes

Exchange-Traded Funds (ETFs), Regulatory Compliance & Enforcement Actions

April 24, 2024

SEC Settles Charges with Adviser for Recordkeeping Violations and Staff Lays Out Factors Considered in Determining What Penalties to Recommend for Off-Channel Communications Violations

Regulatory Compliance & Enforcement Actions, Investment Advisers

April 18, 2024

SEC Releases Materials on T+1 Settlement Cycle Adoption in Advance of May Compliance Date

Exchange-Traded Funds (ETFs), Closed-End Funds, Regulatory Compliance & Enforcement Actions, BDCs, Investment Advisers, Mutual Funds

April 5, 2024

SEC Adopts Amendments to the Internet Adviser Exemption

Regulatory Compliance & Enforcement Actions, Investment Advisers

April 4, 2024

SEC Settles Charges with Advisers for Marketing Rule Violations Related to AI Washing

Regulatory Compliance & Enforcement Actions, Investment Advisers

March 29, 2024

SEC Settles Charges with Adviser for Failing to Disclose Conflicts of Interest

Regulatory Compliance & Enforcement Actions, Investment Advisers, ETFs

March 28, 2024

SEC Staff Denies Closed-End Fund’s No-Action Request Seeking to Exclude Shareholder Proposal to Declassify Board

Closed-End Funds, Regulatory Compliance & Enforcement Actions

March 14, 2024

Seward & Kissel Advises Guinness Atkinson on the Submission of an Application to Offer ETF Share Classes of its Existing Mutual Funds

Investment Advisers, Mutual Funds, ETFs

March 8, 2024

SEC Staff Issues No-Action Letter to Closed-End Funds Seeking to Exclude Activist Shareholder Proposals to Declassify Board

Closed-End Funds, Regulatory Compliance & Enforcement Actions

March 4, 2024

SEC Settles Charges with Adviser for Failing to Disclose Influencer’s Role in Promoting ETF

Exchange-Traded Funds (ETFs), Regulatory Compliance & Enforcement Actions, Investment Advisers

March 1, 2024

FinCEN Proposes New Rule to Subject Advisers to AML Requirements

Closed-End Funds, Investment Advisers

February 26, 2024

SEC Proposes Update to Definition of Qualifying Venture Capital Fund

Regulatory Compliance & Enforcement Actions

February 20, 2024

SEC Staff Issues FAQs On Tailored Shareholder Reports

Exchange-Traded Funds (ETFs), Closed-End Funds, Mutual Funds

February 16, 2024

SEC Staff Updates Marketing Rule FAQs

Regulatory Compliance & Enforcement Actions, Investment Advisers

February 15, 2024

SEC Settles with Sixteen Firms for Charges of Widespread Recordkeeping Failures

Regulatory Compliance & Enforcement Actions, Investment Advisers

February 14, 2024

SEC Staff Issues Statement on ETF Disclosure of Foreign Currency Holdings

Exchange-Traded Funds (ETFs)

February 8, 2024

SEC Provides Guidance on Determining Investment Company Status in SPAC Rule Release

Closed-End Funds, Regulatory Compliance & Enforcement Actions, BDCs, Mutual Funds

February 5, 2024

Activist Investor Sues Closed-End Fund Over Poison Pill Provision

Closed-End Funds

January 25, 2024

SEC Settles Charges Against Firm for Disclosing MNPI on Block Trades

Regulatory Compliance & Enforcement Actions, Investment Advisers

January 24, 2024

SEC Settles Charges Against Firm for Alleged Whistleblower Protection Rule Violations

Regulatory Compliance & Enforcement Actions, Investment Advisers

January 12, 2024

SEC Approves First Round of Bitcoin ETFs

Investment Advisers, ETFs

January 5, 2024

SEC Settles Charges Against Private-Equity Firm for Alleged Disclosure Policy Failures

Regulatory Compliance & Enforcement Actions, Investment Advisers

January 3, 2024

The ‘40 Act Blog Top 10 of 2023

Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

December 21, 2023

SEC Releases Staff Report on Definition of Accredited Investor

Closed-End Funds, Regulatory Compliance & Enforcement Actions, BDCs, Investment Advisers

December 12, 2023

SEC Issues Updated Fall 2023 Regulatory Agenda

Closed-End Funds, BDCs, Investment Advisers, Mutual Funds, ETFs

November 29, 2023

SEC Announces Robust Fiscal Year 2023 Enforcement Results

Regulatory Compliance & Enforcement Actions

November 6, 2023

SEC Staff Grants No-Action Relief Under Section 17 and Rule 17d-1 Thereunder Allowing Fund to Enter Transaction Agreement with New Adviser

Exchange-Traded Funds (ETFs), Closed-End Funds, Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

October 26, 2023

SEC Division of Examinations Releases its 2024 Examination Priorities

Exchange-Traded Funds (ETFs), Closed-End Funds, Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

October 18, 2023

SEC Settles Charges Against Ratings Agencies Relating to Alleged Recordkeeping Failures

Closed-End Funds, Regulatory Compliance & Enforcement Actions, BDCs, Mutual Funds, ETFs

October 17, 2023

SEC Adopts Amendments to Beneficial Ownership Reporting Rules

Closed-End Funds, Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds, ETFs

October 10, 2023

SEC Settles Charges with Mutual Fund Adviser for ESG Related Violations

Closed-End Funds, Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds, ETFs

October 6, 2023

SEC Settles Charges with Mutual Fund Adviser for AML Related Violations

Closed-End Funds, Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds, ETFs

September 29, 2023

SEC Proposes Changes to EDGAR Filer Access and Account Management

Closed-End Funds, Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds, ETFs

September 25, 2023

SEC Adopts Amendments to the Fund “Names Rule”

Exchange-Traded Funds (ETFs), Investment Advisers, Mutual Funds

September 22, 2023

SEC Settles Charges with Nine Advisers in Marketing Rule Sweep

Regulatory Compliance & Enforcement Actions, Investment Advisers

September 20, 2023

SEC Files a Civil Complaint Against a Broker-Dealer for False and Misleading Disclosures Relating to Information Barriers

Regulatory Compliance & Enforcement Actions

September 13, 2023

SEC Issues a Risk Alert Providing Details on the Investment Adviser Examination Process

Regulatory Compliance & Enforcement Actions, Investment Advisers

August 28, 2023

SEC Reopens Comment Period for Proposal on New Safeguarding Rule for Investment Advisers

Regulatory Compliance & Enforcement Actions, Investment Advisers

August 24, 2023

SEC Settles Charges With Transfer Agent for Lost Securityholders

Regulatory Compliance & Enforcement Actions, Mutual Funds

August 16, 2023

SEC Charges 11 Firms with Widespread Recordkeeping Failures

Regulatory Compliance & Enforcement Actions, Investment Advisers

August 3, 2023

SEC Proposes Amendments to the Internet Adviser Exemption

Regulatory Compliance & Enforcement Actions, Investment Advisers

August 2, 2023

SEC Proposes New Rules Concerning Investment Adviser and Broker-Dealer Use of Predictive Data Analytics

Regulatory Compliance & Enforcement Actions, Investment Advisers

July 20, 2023

SEC Adopts Money Market Fund Reforms

Investment Advisers, Mutual Funds

July 10, 2023

SEC Announces Insider Trading Charges Against Thirteen Defendants in Four Separate Complaints

Regulatory Compliance & Enforcement Actions

June 23, 2023

SEC Settles Charges with Accounting Firm for Quality Control Deficiencies

Regulatory Compliance & Enforcement Actions

June 21, 2023

SEC Settles Charges with Registered Adviser for Disclosure and Policy and Procedure Violations

Closed-End Funds, Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

June 16, 2023

SEC Charges Adviser and its Principal in Illegal Short Selling Scheme

Regulatory Compliance & Enforcement Actions, Investment Advisers

June 9, 2023

SEC Adopts Rules to Prevent Fraud and Undue Influence over CCOs in connection with Security-Based Swap Transactions

Investment Advisers, Mutual Funds

May 31, 2023

SEC Settles Charges with Registered Investment Adviser over Valuation Policies and Procedures

Regulatory Compliance & Enforcement Actions, Investment Advisers

May 17, 2023

SEC Staff Issue Risk Alert on LIBOR-Transition Preparedness for Investment Advisers and Investment Companies

Closed-End Funds, Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds, ETFs

May 9, 2023

SEC Charges Adviser and Fund Trustees in First Case Enforcing Liquidity Rule

Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

May 8, 2023

SEC Settles Charges With Adviser for Breach of Fiduciary Duty Relating to Leveraged ETF Investments

Regulatory Compliance & Enforcement Actions, Investment Advisers

May 4, 2023

SEC Staff Issue Risk Alert on Safeguarding Customer Records and Information at Branch Offices

Regulatory Compliance & Enforcement Actions, Investment Advisers

April 20, 2023

SEC Settles Charges Against Adviser for Misstatements About Tax Loss Harvesting Service

Regulatory Compliance & Enforcement Actions, Investment Advisers

April 19, 2023

SEC Settles Charges with Adviser for Failure to Disclose Conflicts of Interest Related to SPACs

Regulatory Compliance & Enforcement Actions, Investment Advisers

April 11, 2023

SEC Settles Charges Against Investment Adviser for Improper Fixed Income Securities Trading

Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

April 6, 2023

SEC Settles Charges with Adviser for Failure to Disclose Foreign Currency Exchange Fees

Regulatory Compliance & Enforcement Actions, Investment Advisers

March 31, 2023

SEC Staff Release Statement on Risk Legend Used by Non-transparent ETFs

Exchange-Traded Funds (ETFs), Investment Advisers

March 22, 2023

SEC Proposes New Cybersecurity Requirements for Certain Market Entities and Reopens Comment Period for Proposed Cybersecurity Rules for Registered Advisers and Funds

Business Development Companies, Exchange-Traded Funds (ETFs), Closed-End Funds, Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

March 21, 2023

SEC Proposes Amendments to Regulation S-P

Exchange-Traded Funds (ETFs), Closed-End Funds, Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

March 9, 2023

Market Moments with David Poppe, Giverny Capital Asset Management

March 8, 2023

Market Moments: SEC’s Amendments to the Mutual Funds Shareholder Report

March 6, 2023

SEC Settles Charges Against Investment Advisers for Alleged Breaches of Fiduciary Duties

Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

February 28, 2023

SEC Proposes New Safeguarding Rule for Investment Advisers

Exchange-Traded Funds (ETFs), Investment Advisers

February 15, 2023

SEC Division of Examinations Releases its 2023 Examination Priorities

Exchange-Traded Funds (ETFs), Closed-End Funds, Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

February 10, 2023

SEC Releases Staff Bulletin on Differential Advisory Fee Waivers

Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

February 6, 2023

SEC Settles Charges with Security Valuation Provider for Providing Misleading Disclosures About Its Valuation Methodologies

Exchange-Traded Funds (ETFs), Closed-End Funds, Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

January 25, 2023

Investment Adviser Charged for Failing to Disclose Revenue Sharing Arrangements and Related Conflicts of Interest

Regulatory Compliance & Enforcement Actions, Investment Advisers

January 11, 2023

Former Fund Portfolio Manager Charged for Failing to Disclose Conflict of Interest

Regulatory Compliance & Enforcement Actions, Investment Advisers

December 29, 2022

SEC Adopts Amendments to Rule 10b5-1

Regulatory Compliance & Enforcement Actions

December 14, 2022

ISS Releases Annual Proxy Voting Guideline Updates

Exchange-Traded Funds (ETFs), Closed-End Funds, Investment Advisers, Mutual Funds

December 6, 2022

SEC Charges Investment Adviser with ESG-Related Policy and Procedure Failures

Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

December 1, 2022

SEC Adopts Amendments to Increase Proxy Voting Transparency

Exchange-Traded Funds (ETFs), Closed-End Funds, Investment Advisers, Mutual Funds

November 30, 2022

SEC Seeks Special Master in Case Involving NAV Mismarking Scheme

Regulatory Compliance & Enforcement Actions, Mutual Funds

November 18, 2022

SEC Adopts Amendments Relating to Shareholder Reports and Investment Company Advertisements

Exchange-Traded Funds (ETFs), Closed-End Funds, Regulatory Compliance & Enforcement Actions, BDCs, Mutual Funds

October 25, 2022

SEC Staff Denies No-Action Relief to Fund Requesting to Exclude Shareholder Proposal

Closed-End Funds, Mutual Funds

October 20, 2022

FASB Moves to Fair Value Accounting for Measuring Crypto Assets

Regulatory Compliance & Enforcement Actions

October 5, 2022

SEC Charges Sixteen Firms for Recordkeeping Failures Related to Employee Use of Personal Devices

Enforcement Actions, Regulatory Compliance & Enforcement Actions

September 30, 2022

SEC Settles Charges Against Investment Adviser for Failing to Implement Adequate Proxy Voting Policies and Procedures

Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

September 23, 2022

Withdrawal of SEC Staff Guidance and Letters Related to Fund Fair Valuation Rule and Adviser Marketing Rule

Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

September 22, 2022

FASB Issues Accounting Guidance on Fair Value Measurement of Equity Securities Subject to Contractual Sale Restrictions

Regulatory Compliance & Enforcement Actions, Mutual Funds

September 8, 2022

SEC Settles Charges Against Investment Adviser for Failing to Disclose SPAC-Related Conflicts

Regulatory Compliance & Enforcement Actions

August 25, 2022

SEC Publishes Accounting and Disclosure Information Bulletin Regarding SEC Yield for Funds that Invest in TIPS

Regulatory Compliance & Enforcement Actions, Mutual Funds

August 4, 2022

IM Director Birdthistle Speech On Swing Pricing, LIBOR and MiFID/Broker-Dealer IA Relief

Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

July 29, 2022

SEC Settles Charges with Insurance Company in Connection with Fraud Against Variable Annuity Investors

Regulatory Compliance & Enforcement Actions

July 28, 2022

SEC Approves First Single-Stock ETFs in US; More Are in the Pipeline

Exchange-Traded Funds (ETFs), Regulatory Compliance & Enforcement Actions, Investment Advisers

July 22, 2022

SEC Adopts Amendments to Proxy Voting Advice Rules

Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

July 19, 2022

Investment Adviser and CCO Failed to Respond to Red Flags Surrounding Investment Adviser Representative’s Outside Business Activities

Regulatory Compliance & Enforcement Actions, Investment Advisers

July 8, 2022

SEC Imposes Largest Audit Firm Penalty Ever of $100 Million for Cheating on CPA Exams

Regulatory Compliance & Enforcement Actions

July 1, 2022

SEC Adopts Rule Amendments Requiring Electronic Filing of Certain Documents and Form Amendments to Modernize Form 13F

Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

July 1, 2022

SEC Seeks Public Comment on Whether Information Providers Are Acting as Investment Advisers

Regulatory Compliance & Enforcement Actions, Investment Advisers

June 30, 2022

Enhanced Disclosure of ESG Practices for Registered Investment Companies and Expansion of the Names Rule

May 31, 2022

SEC Proposes Amendments to Fund “Names Rule” and Proposes Amendments Concerning ESG Investment Practices

Regulatory Compliance & Enforcement Actions, BDCs, Investment Advisers, Mutual Funds

May 27, 2022

SEC Settles Charges with Broker-Dealer in Connection with Improper Switching of Variable Annuities

Regulatory Compliance & Enforcement Actions

May 25, 2022

SEC Settles Charges with Investment Adviser in Connection with ESG Misstatements and Omissions

Regulatory Compliance & Enforcement Actions

May 23, 2022

SEC Charges Investment Adviser and Three Portfolio Managers in Connection with Multibillion Dollar Securities Fraud

Regulatory Compliance & Enforcement Actions, Investment Advisers

May 4, 2022

SEC Division of Examinations Issues Risk Alert on Investment Adviser MNPI Compliance Deficiencies

Regulatory Compliance & Enforcement Actions, Investment Advisers

April 12, 2022

ETF Conversions Webinar Series

April 7, 2022

SEC Announces 2022 Examination Priorities

Closed-End Funds, Regulatory Compliance & Enforcement Actions, BDCs, Investment Advisers, Mutual Funds, ETFs

February 25, 2022

U.S. District Court Rules That “Control Share Acquisition” Provision of Closed-End Fund Bylaws Violates the Investment Company Act of 1940

Closed-End Funds, Regulatory Compliance & Enforcement Actions

February 24, 2022

Financial Services Company Fined $100 Million and Agrees to Pursue Registration of its Crypto Lending Product

Closed-End Funds, Regulatory Compliance & Enforcement Actions, BDCs, Investment Advisers, Mutual Funds, ETFs

February 23, 2022

SEC Charges Founder of Registered Investment Adviser with Fraud

Regulatory Compliance & Enforcement Actions, Mutual Funds

February 17, 2022

SEC Proposes Amendments to Modernize Rules Governing Beneficial Ownership Reporting

Closed-End Funds, Regulatory Compliance & Enforcement Actions, BDCs, Investment Advisers, Mutual Funds, ETFs

February 11, 2022

SEC Proposes Rules and Amendments to Enhance Cybersecurity Preparedness of Investment Advisers and Investment Companies

Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

February 1, 2022

SEC Chair Gary Gensler Highlights Opportunities to Strengthen Cybersecurity Practices of Investment Companies and Advisers in Speech

Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

January 12, 2022

Broker-Dealer Fined for Electronic Communication and Recordkeeping Failures

Regulatory Compliance & Enforcement Actions

December 17, 2021

SEC Proposes Amendments to Rule 10b5-1 and Enhanced Disclosures Relating to Rule 10b5-1 Trading Plans in Issuer Reports and Certain Section 16 Reporting Forms

Closed-End Funds, Regulatory Compliance & Enforcement Actions, BDCs, Investment Advisers, Mutual Funds, ETFs

November 23, 2021

SEC Proposes Rule to Increase Transparency for Securities Lending Transactions

Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

November 12, 2021

SEC Division of Examinations Issues Risk Alert on Investment Adviser Fee Calculations

Regulatory Compliance & Enforcement Actions, Investment Advisers

November 11, 2021

SEC Division of Examinations Staff Issues Risk Alert for Advisers that Provide Electronic Investment Advice

Regulatory Compliance & Enforcement Actions, Investment Advisers

November 8, 2021

SEC Proposes Amendments to Update Electronic Filing Requirements

Closed-End Funds, Regulatory Compliance & Enforcement Actions, BDCs, Investment Advisers, Mutual Funds, ETFs

November 8, 2021

SEC Staff Issues Bulletin Setting Forth Views on Shareholder Proposal Rule; New Approach Expected to Result in More ESG Proposals

Regulatory Compliance & Enforcement Actions, Investment Advisers

October 5, 2021

SEC Charges Former Executives of Registered Investment Adviser with Fraud

Regulatory Compliance & Enforcement Actions, Mutual Funds

September 30, 2021

SEC Approves NYSE Arca Rule Change That Allows Semi-Transparent Active ETFs to Use Custom Baskets

Regulatory Compliance & Enforcement Actions, ETFs

June 3, 2021

SEC and CFTC File Civil Complaints Against Fund Sponsor and its Portfolio Managers and Enter into Settlement Agreement with Chief Risk Officer on Related Allegations

Regulatory Compliance & Enforcement Actions, Mutual Funds

May 26, 2021

NYSE Arca Receives Approval for Proposed Rule Change to Exempt Funds from Shareholder Approval Requirements in Connection with Certain Acquisitions

Regulatory Compliance & Enforcement Actions, ETFs

May 20, 2021

SEC Issues Statement on Funds Investing in Bitcoin Futures

Closed-End Funds, Regulatory Compliance & Enforcement Actions, BDCs, Mutual Funds

April 28, 2021

SEC Publishes New FAQ on Form N-CEN

Regulatory Compliance & Enforcement Actions, BDCs, Mutual Funds

April 6, 2021

SEC Withdraws and Modifies Certain Staff Letters in Light of Rule 18f-4

Regulatory Compliance & Enforcement Actions, BDCs, Mutual Funds

March 24, 2021

Seward & Kissel Market Moments with David Poppe

March 24, 2021

SEC Publishes New FAQ on Valuation Rule

Regulatory Compliance & Enforcement Actions, Mutual Funds, ETFs

March 15, 2021

SEC Issues Statement on Investment Company Cross Trading Practices Potentially Impacted by the Valuation Rule

Regulatory Compliance & Enforcement Actions, Mutual Funds, ETFs

March 15, 2021

Additional Semi-Transparent ETF Sponsor Receives Amended Exemptive Relief to Use “Custom Baskets”

Regulatory Compliance & Enforcement Actions, ETFs

March 8, 2021

SEC Releases FAQs on New Rules Establishing Updated Regulatory Framework for Fund Valuation Practices

Regulatory Compliance & Enforcement Actions, Mutual Funds, ETFs

March 5, 2021

Mutual Fund Sponsor Receives Approval for First Mutual Fund to ETF Conversion

Mutual Funds, ETFs

March 4, 2021

SEC Issues Statement on Insurance Product Fund Substitution Applications

Regulatory Compliance & Enforcement Actions, Mutual Funds

March 4, 2021

SEC Releases Primer on Money Market Funds and The Repo Market

Regulatory Compliance & Enforcement Actions, Mutual Funds

March 2, 2021

ESG for Asset Managers: Current State of Affairs & Predictions Under the Current (Biden) Administration

February 11, 2021

Two Semi-Transparent ETF Sponsors Receive Amended Exemptive Relief to Use “Custom Baskets”

February 8, 2021

Independent Directors Council Submits Comment Letter on Federal Trade Commission’s Proposed Amendments to Premerger Notification Requirements

Regulatory Compliance & Enforcement Actions, Investment Advisers, Mutual Funds

January 25, 2021

SEC Staff Grants No-Action Relief from Section 17(f) of the 1940 Act and Rule 17f-2 Thereunder with Respect to Self-Custody of Loan Interests

Regulatory Compliance & Enforcement Actions, Mutual Funds

January 21, 2021

Market Moments: Partner Paul Miller discusses the new auditor independence amendments with BBD’s Jim Kaiser

December 30, 2020

Invesco Receives Relief from the SEC to Launch Semi-Transparent ETFs

December 23, 2020

SEC Amends Rules to Facilitate Electronic Submission of Documents

Regulatory Compliance & Enforcement Actions, BDCs, Investment Advisers, Mutual Funds

December 18, 2020

Pricing Service to Pay $8 Million to Settle SEC Charges

Regulatory Compliance & Enforcement Actions, Mutual Funds

December 18, 2020

SEC’s Investment Management Division Issues Guidance on Funds’ Risk Disclosure Regarding Investments in Emerging Markets

Regulatory Compliance & Enforcement Actions, Mutual Funds

December 17, 2020

SEC Adopts Rule to Modernize Fund Valuation Practices

Regulatory Compliance & Enforcement Actions, BDCs, Mutual Funds

November 24, 2020

SEC Settles Charges Against Investment Advisory Firms and Dually-Registered Broker-Dealer and Investment Adviser Firms Related to Sales of Complex Exchange-Traded Products

Regulatory Compliance & Enforcement Actions, Investment Advisers

November 20, 2020

Compliance and Effective Dates Set for Final Rule and Related Amendments for Fund-of-Funds Arrangements

Regulatory Compliance & Enforcement Actions, BDCs, Mutual Funds

November 18, 2020

SEC Adopts Modernized Regulatory Framework for Derivatives Use by Registered Investment Companies and Business Development Companies

Regulatory Compliance & Enforcement Actions, BDCs, Mutual Funds

October 29, 2020

SEC Staff’s Latest Dear CFO Letters Rescind or Modify Certain Existing Staff Positions and Express New Staff Positions

Regulatory Compliance & Enforcement Actions, BDCs, Mutual Funds

October 22, 2020

SEC Adopts Final Rule and Related Amendments for Fund-of-Funds Arrangements

Regulatory Compliance & Enforcement Actions, BDCs, Mutual Funds

October 9, 2020

SEC Reaches Settlement with Investment Adviser Regarding Recapture of Waived Fees and Reimbursed Expenses from Money Market Funds

Regulatory Compliance & Enforcement Actions, Mutual Funds

October 5, 2020

SEC Settles Charges Against Investment Adviser for Unlawful Cross Trades

Regulatory Compliance & Enforcement Actions, Investment Advisers

September 23, 2020

NYSE Arca, Inc. Files Proposed Rule Change to Adopt a Generic Listing Rule for Certain Semi-Transparent ETFs

August 7, 2020

SEC Proposes Modernizations to Fund Shareholder Reports and Disclosures

Regulatory Compliance & Enforcement Actions, Mutual Funds

August 7, 2020

Director of SEC’s Division of Investment Management Discusses Easing Restrictions on Certain Registered Fund Investments in Private Funds

Closed-End Funds, Regulatory Compliance & Enforcement Actions

July 8, 2020

Registered Fund Adviser and Affiliate Censured and Fined for Violations of Section 12(d)(1)(A) (Fund of Funds Limitations) and Compliance Rules

Regulatory Compliance & Enforcement Actions, Mutual Funds

July 1, 2020

Market Moments: Lance King discusses recent ESG developments and the potential impact of Coronavirus on ESG strategies

June 26, 2020

Department of Labor Proposes Rule Affecting ESG Plan Investments

Regulatory Compliance & Enforcement Actions, Mutual Funds

June 23, 2020

SEC Extends In-Person Meeting Relief for Fund Boards

Regulatory Compliance & Enforcement Actions, BDCs, Mutual Funds

June 19, 2020

Market Moments: Chris Carlson Discusses Recent Developments for ETFs

June 16, 2020

Federal Reserve Announces Updates to Secondary Market Corporate Credit Facility

Regulatory Compliance & Enforcement Actions, Mutual Funds

June 4, 2020

SEC Staff Issues No-Action Letter for Funds Participating in TALF 2020

Regulatory Compliance & Enforcement Actions, Mutual Funds

June 2, 2020

CFTC Issues Customer Advisory Regarding Commodity ETPs and Funds

Regulatory Compliance & Enforcement Actions, ETFs

June 2, 2020

SEC Staff Withdraws Prior No-Action Guidance on State Control Share Acquisition Statutes

Closed-End Funds, Regulatory Compliance & Enforcement Actions

May 22, 2020

FINRA Issues Notice Reminding Firms of Sales Practice Obligations for Certain Exchange-Traded Products

Regulatory Compliance & Enforcement Actions, ETFs

May 21, 2020

SEC Charges Three Former Audit Firm Partners for Exam Sharing Misconduct

Regulatory Compliance & Enforcement Actions, Mutual Funds

May 15, 2020

ETF Sponsors Submit Letters to Major Exchanges Regarding ETP Categorization

Regulatory Compliance & Enforcement Actions, ETFs

May 4, 2020

Major Exchanges for ETFs Receive Approval for Generic Listing Standards for ETFs that Can Rely on Rule 6c-11

Regulatory Compliance & Enforcement Actions, ETFs

May 4, 2020

SEC Fines Fund Adviser for Overvaluing its Securities and Misleading Performance Disclosures

Regulatory Compliance & Enforcement Actions, Mutual Funds

April 30, 2020

Form CRS Implementation

April 24, 2020

SEC Adopts Rule Clarifying Fair Value Determinations

Regulatory Compliance & Enforcement Actions, Mutual Funds

April 16, 2020

SEC’s Division of Investment Management Issues Statement on Importance of Delivering Timely and Material Information to Investment Company Investors

Regulatory Compliance & Enforcement Actions, Mutual Funds

April 16, 2020

SEC’s Division of Investment Management Issues Information Update on Exemptive Application Hearing Requests

Investment Advisers, Mutual Funds

April 9, 2020

SEC Provides Temporary Relief to Business Development Companies Related to COVID-19

Regulatory Compliance & Enforcement Actions, BDCs

April 2, 2020

Two Semi-Transparent ETFs Listed for Trading on a U.S. Exchange

April 1, 2020

SEC Staff Grants Temporary Relief to Support Open-End Funds

Regulatory Compliance & Enforcement Actions, Mutual Funds

March 26, 2020

SEC Provides Revised Relief to Assist Registered Funds Affected by the Coronavirus

Regulatory Compliance & Enforcement Actions, Mutual Funds

March 25, 2020

SEC Staff Grants Temporary Relief to Support Money Market Funds

Regulatory Compliance & Enforcement Actions, Mutual Funds

March 25, 2020

Federal Reserve Opens Expanded Money Market Fund Liquidity Facility

Regulatory Compliance & Enforcement Actions, Mutual Funds

March 19, 2020

Federal Reserve Creates Money Market Fund Liquidity Facility

Regulatory Compliance & Enforcement Actions, Mutual Funds

March 18, 2020

ESG Overview for Asset Managers

March 12, 2020

Broker-Dealer Entities Fined $35 Million for Violations Relating to Inverse ETF Recommendations to Retail Investors

Regulatory Compliance & Enforcement Actions, ETFs

March 9, 2020

SEC Requests Comment on Fund Names Rule; Seeks to Eliminate Misleading Fund Names

Regulatory Compliance & Enforcement Actions, Mutual Funds

February 24, 2020

Blackstone Receives Order on Novel Exemptive Application under the 1940 Act

Closed-End Funds, Regulatory Compliance & Enforcement Actions

February 24, 2020

Non-Transparent ETFs Receive Approvals to List on an Exchange

January 24, 2020

Blackstone Receives Notice on Novel Exemptive Application under the 1940 Act

Closed-End Funds, Regulatory Compliance & Enforcement Actions

January 16, 2020

Major Exchanges for ETFs Have Filed Proposed Rule Changes to Establish Generic Listing Standards for ETF Shares Permitted to Rely on Rule 6c-11

Regulatory Compliance & Enforcement Actions, ETFs

January 16, 2020

SEC Proposes to Modernize Auditor Independence Rules

Regulatory Compliance & Enforcement Actions, Mutual Funds

January 8, 2020

Non-Transparent ETF Sponsors Request Additional Relief

October 19, 2012

1500 Hedge Fund Advisers Have Registered Since the Enactment of the Dodd-Frank Act