United States

Topic: Brokers and Intermediaries

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The LIBOR Transition – CFTC issues more LIBOR transition relief

On August 31, 2020, in response to requests by the Alternative Reference Rates Committee (ARRC), the US Commodities Futures Trading Commission (CFTC) issued revised no-action letters to swap dealers and other market participants relating to the transition from use of the London Interbank Offered Rate (LIBOR) as a reference rates in transactions. These letters supersede … Continue Reading

FINRA (and selected SEC) regulatory matters at a glance: What compliance officers need to know

Access the August issue for an overview of FINRA and SEC regulatory developments of interest to broker-dealers. Glen Barrentine is Of Counsel in the New York office of Norton Rose Fulbright. His practice focuses broadly on SEC regulated financial service clients, including broker-dealers, securities exchanges, municipal advisors and investment advisers. Glen frequency represents clients in connection … Continue Reading

US SEC adopts amendments to expand scope of “accredited investor” definition

On August 26, 2020, the US Securities and Exchange Commission (SEC) adopted amendments to expand the scope of the “accredited investor” definition, allowing a greater pool of investors to access the private capital markets. The amendments add new categories of qualified natural persons who meet certain professional knowledge or certification requirements and expand the list … Continue Reading

FINRA (and selected SEC) regulatory matters at a glance: What compliance officers need to know

Access the July issue for an overview of FINRA and SEC regulatory developments of interest to broker-dealers. Glen Barrentine is Of Counsel in the New York office of Norton Rose Fulbright. His practice focuses broadly on SEC regulated financial service clients, including broker-dealers, securities exchanges, municipal advisors and investment advisers. Glen frequency represents clients in … Continue Reading

US Banking Regulators Finalize Volcker Rule Covered Funds Revision

On July 31, 2020, the Federal Register published the final Volcker Rule covered funds amendments promulgated in June by the federal financial services regulators (the Federal Reserve Board, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, the Office of the Comptroller of the Currency, and the Commodity Futures Trading Commission). In her latest … Continue Reading

FINRA issues guidance on retail communications relating to private placements

On July 1, 2020, FINRA issued guidance to member firms on compliance with FINRA Rule 2210 (“Rule 2210”)) on the marketing of private placements to retail investors. These private placements are typically conducted under Rules 504, 506(b) or 506(c) of Regulation D under the Securities Act of 1933, as amended, as “safe harbors” that permit … Continue Reading

FINRA (and selected SEC) regulatory matters at a glance: What compliance officers need to know

Glen Barrentine is Of Counsel in the New York office of Norton Rose Fulbright. His practice focuses broadly on SEC regulated financial service clients, including broker-dealers, securities exchanges, municipal advisors and investment advisers. Glen frequency represents clients in connection with SEC and FINRA enforcement proceedings and other contentious regulatory inquiries, purchases and sales, and the … Continue Reading

FINRA (and selected SEC) regulatory matters at a glance: What compliance officers need to know

Glen Barrentine is Of Counsel in the New York office of Norton Rose Fulbright. His practice focuses broadly on SEC regulated financial service clients, including broker-dealers, securities exchanges, municipal advisors and investment advisers. Glen frequency represents clients in connection with SEC and FINRA enforcement proceedings and other contentious regulatory inquiries, purchases and sales, and the … Continue Reading

FINRA (and selected SEC) regulatory matters at a glance: What compliance officers need to know

Glen Barrentine is Of Counsel in the New York office of Norton Rose Fulbright. His practice focuses broadly on SEC regulated financial service clients, including broker-dealers, securities exchanges, municipal advisors and investment advisers. Glen frequency represents clients in connection with SEC and FINRA enforcement proceedings and other contentious regulatory inquiries, purchases and sales, and the … Continue Reading

FINRA (and selected SEC) regulatory matters at a glance: What compliance officers need to know

Glen Barrentine is Of Counsel in the New York office of Norton Rose Fulbright. His practice focuses broadly on SEC regulated financial service clients, including broker-dealers, securities exchanges, municipal advisors and investment advisers. Glen frequency represents clients in connection with SEC and FINRA enforcement proceedings and other contentious regulatory inquiries, purchases and sales, and the … Continue Reading

US financial regulators establish webpages on the COVID-19 pandemic

The US financial regulatory, consumer protection and enforcement supervisors are regularly issuing press releases and statements concerning the COVID-19 pandemic. Each of them has established special links to provide information to the public on its response to the pandemic. Board of Governors of the Federal Reserve System: https://www.federalreserve.gov/covid-19.htm Commodity Futures Trading Commission: https://www.cftc.gov/coronavirus Conference of State … Continue Reading

FINRA Updates FAQs Related to COVID-19 Regulatory Relief

FINRA has supplemented its FAQs related to COVID-19 regulatory relief. Summaries of the new FAQs are provided below. Helpfully, FINRA has also provided a link to state “shelter-in-place” and “stay-at-home” orders. Impact of Communication Disruptions – Implications for Firms. FINRA states that member firms should consider steps they can take to mitigate risks that may … Continue Reading

FINRA’s Guidance to Broker-Dealers on Pandemic Preparedness (coronavirus, COVID-19)

In light of mounting concerns about COVID-19, aka the coronavirus, FINRA recently published FINRA Regulatory Notice 20-08 – Pandemic-Related Business Continuity Planning, Guidance and Regulatory Relief. Notice 20-08 provides both guidance on pandemic preparedness and regulatory relief to impacted member firms. Notice 20-08 supplements previous guidance on pandemic preparedness that FINRA published in October 2009 … Continue Reading

FINRA (and selected SEC) regulatory matters at a glance: What compliance officers need to know

Glen Barrentine is Of Counsel in the New York office of Norton Rose Fulbright. His practice focuses broadly on SEC regulated financial service clients, including broker-dealers, securities exchanges, municipal advisors and investment advisers. Glen frequency represents clients in connection with SEC and FINRA enforcement proceedings and other contentious regulatory inquiries, purchases and sales, and the preparation … Continue Reading

“Crypto Mom” Proposes 3-Year Safe Harbor for Token Projects

In a speech to the International Blockchain Congress on February 6, 2020, Securities and Exchange (“SEC”) Commissioner Hester Peirce, sometime referred to as “Crypto Mom,” proposed a three-year safe harbor for virtual currency token projects.  The safe harbor would exempt (i) the offer and sale of tokens from the provisions of the Securities Act of … Continue Reading

FINRA (and selected SEC) regulatory matters at a glance: What compliance officers need to know

Glen Barrentine is Of Counsel in the New York office of Norton Rose Fulbright. His practice focuses broadly on SEC regulated financial service clients, including broker-dealers, securities exchanges, municipal advisors and investment advisers. Glen frequency represents clients in connection with SEC and FINRA enforcement proceedings and other contentious regulatory inquiries, purchases and sales, and the preparation … Continue Reading

SEC’s Office of Compliance Inspections and Examinations Issues Observations on Cybersecurity and Resiliency

Recently, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) shared observations from “thousands” of examinations on industry practices and approaches to managing and combating cybersecurity risk and the maintenance and enhancement of operational resiliency (the “Report”). The Report organizes its observations under seven categories consisting of: governance and risk management access … Continue Reading

FINRA issues its 2020 Risk Monitoring and Examination Priorities Letter

Earlier this month, the Financial Industry Regulatory Authority, Inc. (FINRA) released its annual Risk Monitoring and Examination Priorities Letter (“Priorities Letter”). This year’s letter includes several new features that are intended to “support” firms in their “significant efforts” to comply with applicable rules. Specifically, each highlighted topic includes a list of practical considerations and questions … Continue Reading

SEC Issues FAQ on Regulation “Best Interest”

Recently, the Securities and Exchange Commission’s Division of Trading and Markets published responses to frequently asked questions that it has received on Regulation Best Interest (the “Reg. BI FAQ”). Regulation Best Interest (Securities Exchange Act Rule 15l-1) becomes effective June 30, 2020, and imposes a number of obligations on broker-dealers and natural persons associated with … Continue Reading

A Broker-Dealer Perspective on OCIE’s 2020 Examination Priorities

Recently, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) published its annual Examination Priorities report (the “Priorities Report”). As the name suggests, the Priorities Report outlines OCIE’s examination priorities for the coming year and is a must read for all registrants overseen by OCIE, including broker-dealers, registered advisers, municipal advisors, transfer … Continue Reading

Three US Agencies issue joint statement on activities involving digital assets

On October 11, 2019, the Financial Crimes Enforcement Network (FinCEN), the US anti-money laundering (AML) agency, along with the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) (collectively, the “Agencies”) issued a joint statement on digital assets activities (“Statement”), reminding the businesses under their jurisdictions that digital assets activities may be … Continue Reading

Latest issue of Global Asset Management Quarterly now available

Issue 12 of the Norton Rose Fulbright Global Asset Management Quarterly is now available. You can also register to automatically receive each issue as it is released. This publication highlights key developments that will be of interest to, and affect, our asset management clients, including market trends and developments in tax and buy-side regulation globally. … Continue Reading

New monthly securities regulatory publication now available

Glen Barrentine, who recently joined as Of Counsel in the New York Office of Norton Rose Fulbright, has extensive experience in regulatory, compliance and enforcement issues affecting financial service companies, particularly broker-dealers, investment advisers, municipal advisors, and securities exchanges. He prepares a monthly update on FINRA (and selected SEC) regulatory matters at a glance, focusing … Continue Reading

SEC and FINRA address digital asset custody issues

The unique manner in which digital asset securities are issued, held and transferred makes them inevitably prone to unique concerns compared to traditional securities. As expected, these concerns have triggered conversation among market participants regarding whether and how traditional federal securities laws apply to novel digital asset securities and transactions. On July 8, 2019, the … Continue Reading
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