Journal of Investment Compliance articles from June 2011

Journal of Investment Compliance archives from June 2011

Editor column.(Column)
June 22, 2011... We begin this issue with an article by Jessica Forbes and Gregory Gnall that explains a January 2011 US Securities and Exchange Commission (SEC) study pointing to confusion among many retail investors about the respective roles played by...

SEC releases study on the fiduciary duty of investment advisers and broker-dealers.
June 22, 2011... Abstract Purpose - The purpose of this paper is to explain a study released by the Securities and Exchange Commission on January 21, 2011, the "Fiduciary Study," concerning legal and regulatory standards of care for providing investment...

Significant changes to FINRA's know your customer and suitability rules to take effect in 2011.
June 22, 2011... Abstract Purpose--The purpose of this paper is to explain two new FINRA rules: Rule 2090 (Know Your Customer) and Rule 2111 (Suitability). Design/methodology/approach--The paper explains the two rules, the expanded requirements in the new...

Recent SEC sweep highlights the need for US investment advisers seeking business from sovereign wealth funds to develop policies for FCPA compliance.
June 22, 2011... Abstract Purpose--The aim of this paper is to explain the provisions of the US Foreign Corrupt Practices Act that may be applicable to investment advisers seeking investments from foreign governments. Design/methodology/approach--The paper...

FINRA's all public panel option is now available in all customer cases.
June 22, 2011... Abstract Purpose - The purpose of this paper is to explain the rule changes contained in the new SEC Rules 12402 and 12403, which now allow claimants to choose an arbitration panel made up entirely of public administrators. ...

Emerging issues under interim final regulation on plan service provider fee disclosure.
June 22, 2011... Abstract Purpose - The purpose of this paper is to describe interpretive and compliance issues arising under the Labor Department's interim final regulations under the statutory exemption for the provision of services provided by Section...

Lower Courts Extend Morrison but SEC Asserts Dodd-Frank Act Overrules Morrison for Enforcement Actions
June 22, 2011... Abstract Purpose - The purpose of this paper is to assess the effects of several lower court decisions, the enactment of the Dodd-Frank Wall Street Reform & Consumer Protection Act of July 2010, and subsequent Securities and Exchange...

Recommended annual review for hedge funds and other private fund managers.
June 22, 2011... Abstract Purpose - The aim of this paper is to provide hedge fund and other private fund managers with a brief recap of regulatory changes in 2010 and a reminder of certain "best practices" they should consider as they prepare for 2011. ...

An analysis of the regulated investment company modernization act of 2010.
June 22, 2011... Abstract Purpose - The purpose of this paper is to explain the Regulated Investment Company Modernization Act of 2010, P.L. 111-325, signed into law on December 22, 2010. Design/methodology/approach - The paper summarizes the Act and...

FSA discussion paper on product intervention.(Financial Services Authority)
June 22, 2011... Abstract Purpose - The aim of this paper is to discuss the implications of the UK Financial Services Authority (FSA) January 25, 2011 discussion paper, DP 11/1 Product Intervention. Design/methodology/approach - The paper discusses the...

Financial services remuneration in the UK.
June 22, 2011... Abstract Purpose - The purpose of this paper is to explain the final version of the Remuneration Code, published by the Financial Services Authority (FSA) in December 2010, which deals with remuneration in the financial services industry and...

Plug and Play Brokerage: The New Model of the High-Service Open Architecture Broker-Dealer
June 22, 2011... Abstract Purpose - This paper aims to make investment compliance professionals aware of the new model of the flexible, high-service open architecture broker-dealer - which is characterized as the "plug and play" online brokerage. ...

Summary of Selected FINRA Regulatory Notices, January-February 2011
June 22, 2011... Abstract Purpose - The purpose of this summary is to provide excerpts of selected Financial Industry Regulatory Authority (FINRA) Regulatory Notices and Disciplinary Actions issued in January and February 2011. Design/methodology/approach...