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Private Fund Placement Agent Fined for Custody Rule Violations and Lack of Disclosure of Misappropriation

The SEC has fined an Ohio-based dual-registrant for violating the Custody Rule because the firm did not provide investors in two private funds that it advised with audited financial statements or alternatively retain an independent public accountant to conduct surprise examinations of the private funds’ assets.

September 22, 2021

Keywords: Custody, Disclosure, Private Funds, SEC Enforcement

Categories & Topics: Business Ops/HR, Compliance, Custody, Enforcement, Private Funds

Adviser to Pay $97 Million in Connection with Rollover Conflicts

A New York-based firm dually registered as an investment adviser and broker-dealer has agreed to pay $97 million to settle charges by the SEC and the New York Attorney General’s office (NYAG) that it made inaccurate and misleading statements and failed adequately to disclose conflicts of interest in connection with thousands of rollover recommendations.

July 13, 2021

Keywords: Compliance Policies, Conflicts of Interest, Disclosure, SEC Enforcement

Categories & Topics: Compliance, Conflicts, Enforcement

SEC Fines Adviser for Undisclosed Third-Party Loans to its IARs

The SEC brought an enforcement action against an Arizona-based investment adviser for failing to disclose to clients the existence of and conflicts of interest created by loans its IARs received from a third-party broker-dealer, an investment adviser affiliated with the broker-dealer, and their parent company.

June 15, 2021

Keywords: Conflicts of Interest, Disclosure, SEC Enforcement

Categories & Topics: Compliance, Conflicts, Enforcement

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