Simons Says: The SEC Speaks 2016

Timothy M. Simons, CFA, CFP, CSCP, CIPM Senior Managing Member Focus 1 Associates LLC February 24, 2016   “Beyond Disclosure at the SEC in 2016” Chair White’s speech reviewed the SEC’s accomplishments for 2015, “Not only did we bring an … Read More ›

Simons Says: SEC Exam Priorities 2016

OCIE’s priorities are organized around the same three thematic areas as last year: Examining matters of importance to retail investors, including investors saving for retirement; Assessing issues related to market-wide risks; and Using its evolving ability to analyze data to … Read More ›

Simons Says: 2015 Year-End Review

2015 has been a very interesting year for Compliance folks.  Some of the topics receiving big play this past year included: The Department of Labor’s Fiduciary Rule; The SEC’s emphasis on cybersecurity; Financial Crimes Enforcement Network (“FinCEN”) proposed AML Rule … Read More ›

Required Third-Party Reviews?! At What Cost?

On October 23, 2015, David Grim, the Director of the SEC’s Division of Investment Management, appeared before a subcommittee of the House Financial Services Committee.  A comment he made, which prompted the writing of this article was, “Division staff, working … Read More ›

Simons Says: The Role of the CCO, Version 3.0

On October 14, 2015, Buddy Donohue, a former Director of the SEC’s Division of Investment Management (the SEC Office that develops Rules for Investment Advisers and Investment Companies), and currently the SEC’s Chief of Staff (the senior adviser to Chair … Read More ›

Simons Says: Non-Reportable Accounts…Or Are They?

Rule 204A-1, Investment Adviser Codes of Ethics (the “Rule”), with a compliance date of January 7, 2005, required reporting by access persons, of their securities holdings and transactions in any securities, with some exceptions such as: (i) Direct obligations of … Read More ›

Simons Says: 2014 Year-End Review

    In November, the SEC issued its 2014 Agency Financial Report.  Not exactly exciting reading, except for Management’s Discussion and Analysis (“MD&A”). In MD&A, we can skip down to an area that directly impacts us: FY 2014 Year in … Read More ›

Simons Says: You Might Not Realize You Have Custody

Based on deficiency letters that we have seen over the past year and especially in the past few months, it appears that many advisers either didn’t believe that the SEC Staff was serious about looking closely at the adequate safekeeping … Read More ›

Simons Says: Déjà vu All Over Again

I read something the other day that I want to share, “It will take over 24 million man hours to comply with Dodd-Frank rules per year. It took only 20 million to build the Panama Canal,” according to Rep. Neugebauer, … Read More ›