Tr?id=566623520170033&ev=PageView&noscript=1

Retrospective Review Deadline Approaching

Posted on June 9th, 2023 at 2:11 PM
Retrospective Review Deadline Approaching

From the desk of Jim Eccleston at Eccleston Law 

The deadline for completing the initial retrospective review required by the Department of Labor (DOL) is quickly approaching.

Registered investment advisors (RIAs) who depend on PTE 2020-02 must perform a yearly examination of their policies and procedures to ensure compliance with the aforementioned exemption. This retrospective review needs to be recorded in a written
report, which a senior executive officer of the firm must endorse. The review should be reasonably designed to help the RIA identify and prevent any breaches of the Impartial Conduct Standards and the firm's policies and procedures relating to compliance with PTE 2020-02.

Completing the Review and Report is required to receive the benefits provided by the exemption. Put simply, if they are not adequately fulfilled, the protection is forfeited, and all conflicting recommendations covered by the PTE are treated as prohibited
transactions. The implications of having numerous prohibited transactions, reaching into the hundreds or even thousands, are beyond imagination.

According to the DOL, the retrospective review should incorporate the examination of a subset of transactions to assess compliance. The selection of this sample should be designed to identify potential compliance issues across a diverse array of transaction types and sizes, encompassing both significant and minor transactions.

The retrospective review should be conducted yearly and finalized within six months after the conclusion of the review period. Specifically, a review encompassing the calendar year 2022 must be finished by or before July 1, 2023.

 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.

 

Tags: eccleston, eccleston law

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

I want to extend a tremendous thank you for your dedication, professionalism, hard work and patient demeanor through this challenging time. It was enjoyable interacting with everyone on your team, this certainly helped while dealing with the situation and working towards resolution.

Dan M.

LATEST NEWS AND ARTICLES

1777565671 Law
April 30, 2026
SEC Charges Adviser's Estate and Firm in Alleged $1.68 Million Client Fund Misappropriation Scheme

The Securities and Exchange Commission has filed a civil enforcement action against the estate of former investment adviser John R.

1777479103 Law
April 29, 2026
Hightower Advisors Faces Class Action Over Alleged Data Breach

Hightower Holding LLC is facing a class action lawsuit alleging that the firm failed to protect sensitive personal information following a data breach affecting thousands of individuals, according to reporting by Financial Advisor News.

1777391003 Law
April 28, 2026
Former Morgan Stanley Advisor Faces Trial Over Alleged Scheme Targeting NBA Players

A former Morgan Stanley financial advisor is charged with defrauding professional basketball players through complex investment transactions involving viatical settlements, according to reporting by InvestmentNews.