SEC's Examination of RIAs Focuses on Leadership Changes

Posted on September 14th, 2023 at 10:09 AM
SEC's Examination of RIAs Focuses on Leadership Changes

From the desk of Jim Eccleston at Eccleston Law 

The Securities and Exchange Commission’s Division of Examinations issued a risk alert announcing its new focus.

The alert outlines the circumstances under which firms can anticipate regulatory scrutiny and specifies the documents they should be ready to provide. According to the alert, the SEC examines approximately 15 percent of the 15,000 advisers registered with the SEC each year.

The SEC may focus its attention on a firm based on various factors, including the firm's prior examination or conduct records, supervisory concerns such as the disciplinary history of advisors, conflicts of interest, the duration since its registration or last examination, significant changes in leadership or staff, and media reports. Additionally, the firm's susceptibility to financial and market pressures, previous disclosures, control over investor assets, and exposure to "service provider-related compliance risks" can trigger regulatory scrutiny, as outlined in the alert.

As reported by AdvisorHub, the SEC also is intensifying its enforcement of its marketing rule, which became effective in December 2020 and mandates that Registered Investment Advisors (RIAs) must ensure they have a reasonable basis for substantiating material statements of fact, and performance advertising, testimonials, endorsements, and third-party ratings, as stated in a previous risk alert.

 

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

Tags: eccleston, eccleston law, sec

Return to Archive

TESTIMONIALS

Previous
Next

Thank You from the bottom of our hearts for all you have done for us. When we realized this was a very bad investment - we did not know where to turn for help. Then we received your name. When we called you - you were so kind to us and then agreed to help us. For this we are so very grateful. The world would be a much nicer place if there were more people like the two of you in it. We will always remember all the help and kindness you have shown us. Thank you so very very much for everything.

Wayne and Judy S.

LATEST NEWS AND ARTICLES

November 7, 2025
FINRA Suspends Former Wells Fargo Broker Over Unapproved Real Estate Venture

The Financial Industry Regulatory Authority (FINRA) suspended former Wells Fargo broker George J. Cairnes for four months and fined him $25,000 for engaging in unapproved real estate outside business activity, according to a settlement letter issued.

November 6, 2025
Former Ameriprise Broker Ordered to Pay $2.2 Million for Elder Exploitation

A Financial Industry Regulatory Authority (FINRA) arbitration panel has ordered Eric A. Dupre to pay nearly $2.2 million in damages to his former firm and two customers following allegations of theft and elder exploitation.

November 5, 2025
Former Wells Fargo Representative Suspended for Unauthorized Texting and Obstruction

The Financial Industry Regulatory Authority (FINRA) has suspended former Wells Fargo representative Eyan M. Townsend for one year and fined him $10,000 for using personal text messages to conduct business and attempting to obstruct an internal investigation by deleting those communications.