SEC announces results of share class selection disclosure initiative

2019 ◽  
Vol 20 (4) ◽  
pp. 15-20
Author(s):  
Brenden Carroll ◽  
Mark Perlow ◽  
Christine Ayako Schleppegrell ◽  
Sam Scarritt-Selman
Keyword(s):  
Asset Management ◽  
Mutual Fund ◽  
Design Methodology ◽  
Self Report ◽  
Content Type ◽  
Expert Analysis

Purpose To explain the SEC’s Share Class Selection Disclosure Initiative (SCSD Initiative), the purpose it seeks to serve, the results it has generated, and its broader implications for the asset management industry. Design/methodology/approach Explains the newly announced results of the SEC’s Share Class Selection Disclosure Initiative. Provides background on the principles underlying the initiative, the mechanics by which the initiative’s self-reporting program operated, and industry reaction to the initiative. Analyzes the results the initiative generated, in terms of both aggregate disgorgement and the terms of settlement offered to self-reporting advisers. Draws conclusions and provides key takeaways. Findings Although the terms of the actual settlements were consistent with the framework of standardized settlement terms set forth in the SCSD Initiative, whether the standardized terms of settlement offered under the SCSD Initiative ultimately will be viewed as favorable will depend in large part upon how the SEC continues to treat advisers that did not self-report. Originality/value Expert analysis from experienced lawyers in the mutual fund and investment advisory industries.

SEC credits self-reporting and cooperation in not imposing penalty on ICO sponsor

2019 ◽  
Vol 20 (2) ◽  
pp. 13-15
Author(s):  
Daniel Hawke
Keyword(s):  
Design Methodology ◽  
Securities And Exchange Commission ◽  
Self Report ◽  
Content Type ◽  
Enforcement Action ◽  
Expert Analysis ◽  
Securities Laws ◽  
Insight Into ◽  
Civil Penalty ◽  
Do So

Purpose To explain a February 20, 2019 US Securities and Exchange Commission (SEC) settled enforcement action against Gladius Network LLC for failing to register an initial coin offering (ICO) under the federal securities laws, in which Gladius was able to avoid a civil penalty by self-reporting the violation and cooperating with the SEC enforcement staff. Design/methodology/approach Explains Gladius’ self-reporting, cooperation and remedial steps; why the SEC imposed no civil penalty on Gladius; and two similar cases the SEC instituted in July 2018 against companies that conducted unregistered ICOs, did not self-report, and were penalized. Provides analysis and conclusions. Findings The Gladius case offers important insight into how the SEC and its staff think about cooperation credit in resolving SEC enforcement actions and sends a clear message that self-reporting to the SEC can result in meaningful cooperation credit. In three recent cases, the Commission has made clear that once it put the industry on notice that ICOs could be securities that must be registered under the federal securities laws, a party risks enforcement action by failing to do so. Originality/value Expert analysis and guidance from an experienced securities lawyer who counsels clients on all manner of SEC enforcement, examination and regulatory policy matters.

SEC adopts offering reforms for BDCs and registered closed-end funds and issues a temporary exemptive order

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Michael Rosella ◽  
David Hearth ◽  
Vadim Avdeychik ◽  
Ryan Johnson
Keyword(s):  
Asset Management ◽  
Design Methodology ◽  
Business Development ◽  
Content Type ◽  
Expert Analysis ◽  
Closed End Funds ◽  
Regulatory Flexibility ◽  
Practical Implications

Purpose To analyze and identify the key findings from the April 8, 2020, U.S. Securities and Exchange Commission’s (the “SEC”) recently approved rule amendments (“Adopted Rules”) extended to business development companies (“BDCs”) and registered closed-end funds and an Exemptive Order providing regulatory flexibility to BDCs. Design/methodology/approach Discusses the key takeaways and implications from the Adopted Rules and Exemptive Order. Findings The Adopted Rules provide BDCs and registered closed-end funds some of the more efficient registration, reporting, offering, and communication requirements currently applicable to operating companies. The Exemptive Order provides BDCs additional flexibility with respect to (1) the issuance and sale of senior securities and (2) the participation in certain joint transactions. Practical implications Firms and their representatives should heed the trends in both the substantial restitution FINRA is ordering and the related enforcement issues in the cases FINRA has brought. Originality/value Expert analysis and guidance from experienced asset management lawyers.

FINRA’s disciplinary actions in 2017: increased restitution ordered with minimal changes in number of cases

2018 ◽  
Vol 19 (2) ◽  
pp. 19-23
Author(s):  
Brian Rubin ◽  
Adam Pollet
Keyword(s):  
Money Laundering ◽  
Design Methodology ◽  
Disciplinary Actions ◽  
Financial Industry ◽  
Electronic Communications ◽  
Content Type ◽  
The Past ◽  
Expert Analysis ◽  
Research Analysts ◽  
Practical Implications

Purpose The purpose of this paper is to analyze the Financial Industry Regulatory Authority’s (FINRA) 2017 disciplinary actions, the issues that resulted in the most significant fines and restitution and the emerging enforcement trends from 2017 and beyond. Design/methodology/approach The approach of this paper discusses the disciplinary actions in 2017 and prior years, details the top 2017 enforcement issues measured by total fines assessed, including anti-money laundering, trade reporting, electronic communications, books and records, research analysts and research reports, and explains current enforcement trends, including restitution, suitability cases and technological issues. Findings In 2017, restitution more than doubled from the prior year, resulting in the fourth highest total sanctions (fines combined with restitution and disgorgement) assessed by FINRA over the past 10 years. Practical implications Firms and their representatives should heed the trends in both the substantial restitution FINRA is ordering and the related enforcement issues in the cases FINRA has brought. Originality/value This paper provides expert analysis and guidance from experienced securities enforcement lawyers.

The effects of social media usage on loneliness and well-being: analysing friendship connections of Facebook, Twitter and Instagram

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Shaoyu Ye ◽  
Kevin K.W. Ho ◽  
Andre Zerbe
Keyword(s):  
Social Media ◽  
University Students ◽  
Design Methodology ◽  
Well Being ◽  
Self Report ◽  
Access Time ◽  
Content Type ◽  
Media Usage ◽  
Usage Patterns ◽  
Social Media Platforms

Purpose This study aims to clarify the effects of different patterns of Facebook, Twitter and Instagram usage on user loneliness and well-being in Japan. Design/methodology/approach Based on responses to a self-report questionnaire in Japan, 155 university students were separated into 4 groups: users of Twitter only, users of Twitter and Facebook, users of Twitter and Instagram and users of all three social media. The effects of social media usage on loneliness and well-being for each group were analysed. Findings No social media usage effects on loneliness or well-being were detected for those who used only Twitter or both Twitter and Instagram. For those using both Twitter and Facebook, loneliness was reduced when users accessed Twitter and Facebook more frequently but was increased when they posted more tweets. Users of all three social media were lonelier and had lower levels of well-being when they accessed Facebook via PC longer; whereas their their access time of Facebook via smartphones helped them decrease loneliness and improve their levels of well-being. Originality/value The findings reported here provide possible explanations for the conflicting results reported in previous research by exploring why users choose different social media platforms to communicate with different groups of friends or acquaintances and different usage patterns that affect their loneliness and well-being.

Employees’ eldercare demands, strain, and perceived support

2015 ◽  
Vol 30 (2) ◽  
pp. 183-198 ◽  
Author(s):  
Hannes Zacher ◽  
Heiko Schulz
Keyword(s):  
Design Methodology ◽  
Self Report ◽  
Perceived Support ◽  
Use Of Self ◽  
Cross Sectional ◽  
Content Type ◽  
Cross Sectional Design ◽  
The Relationship ◽  
Practical Implications ◽  
Employed Caregivers

Purpose – In many countries, both the number of older people in need of care and the number of employed caregivers of elderly relatives will increase over the next decades. The purpose of this paper is to examine the extent to which perceived organizational, supervisor, and coworker support for eldercare reduce employed caregivers’ strain and weaken the relationship between eldercare demands and strain. Design/methodology/approach – Survey data were collected from 100 employed caregivers from one organization. Findings – Results showed that eldercare demands were positively related to strain, and perceived organizational eldercare support (POES) was negatively related to strain. In addition, high POES weakened the relationship between eldercare demands and strain. Research limitations/implications – The cross-sectional design and use of self-report scales constitute limitations of the study. Practical implications – POES is a resource for employed caregivers, especially when their eldercare demands are high. Originality/value – This research highlights the relative importance of different forms of perceived support for reducing employed caregivers’ strain and weakening the relationship between eldercare demands and strain.

SEC Enforcement: Self-Reporting Share Class Selection Disclosure Initiative

2018 ◽  
Vol 19 (2) ◽  
pp. 16-18
Author(s):  
Elaine Greenberg
Keyword(s):  
Mutual Fund ◽  
Conflicts Of Interest ◽  
Self Report ◽  
Complex Nature ◽  
Collateral Consequences ◽  
Content Type ◽  
Applicable Law ◽  
Enforcement Action ◽  
Business Operations ◽  
Investment Advisers

Purpose This paper aims to explain the U.S. Securities and Exchange Commission’s (SEC’s) recent Share Class Selection Disclosure (SCSD) Initiative, which offers potentially favorable settlement terms to investment advisers who self-report to the SEC’s Enforcement Division violations of the federal securities laws relating to certain mutual fund share class selection issues and to discuss factors for consideration by investment advisers regarding their possible participation in this initiative. Design/methodology/approach This paper discusses the conditions and terms of the SEC’s SCSD Initiative, the SEC’s focus on conflicts of interest associated with mutual fund share class selection, the applicable law, the complex nature of these issues and the factors that investment advisers should consider in determining whether to participate in the initiative. Findings The assessment of the facts and the evaluation and analysis of the issues may be both time-consuming and complex. Firms need to carefully consider whether the potential benefits of self-reporting outweigh any possible downsides, including the potential collateral consequences that an SEC enforcement action may have on their business operations. Originality/value This paper contains valuable information about a recent SEC Enforcement Initiative and provides practical guidance from experienced securities counsel.

SEC reporting obligations for insiders and large traders under Section 13 and Section 16 of the Exchange Act

2019 ◽  
Vol 20 (3) ◽  
pp. 39-53
Author(s):  
Arthur L. Zwickel ◽  
Keith D. Pisani ◽  
Alicia M. Harrison
Keyword(s):  
Design Methodology ◽  
Securities And Exchange Commission ◽  
Individual Investors ◽  
Content Type ◽  
Disclosure Requirements ◽  
Beneficial Ownership ◽  
Expert Analysis ◽  
Investment Advisers ◽  
Trading Restrictions ◽  
A Current

Purpose The purpose of this paper is to provide investment advisers, broker dealers, individual investors and other securities firms with a current and detailed summary of the reporting regime under Sections 13 and 16 of the Securities Exchange Act of 1934 (the “Exchange Act”) and guidance on how to comply with the disclosure requirements of the U.S. Securities and Exchange Commission (the “SEC”) on Schedule 13D, Schedule 13G, Form 13F, Form 13H and Forms 3, 4 and 5. Design/methodology/approach The approach of this paper discusses the transactions or beneficial ownership interests in securities that trigger a reporting requirement under Section 13 and/or Section 16 of the Exchange Act, identifies the person or persons that have the obligation to file reports with the SEC, details the information required to be disclosed in the publicly available reports, and explains certain trading restrictions imposed on reporting persons as well as the potential adverse consequences of filing late or failing to make the requisite disclosures to the SEC. Findings The SEC continues to provide updated guidance on the disclosure requirements under Sections 13 and 16 of the Exchange Act, which individual investors and securities firms – largely insiders – must take into account when filing any new or amended reports on Schedule 13D, Schedule 13G, Form 13F, Form 13H and Forms 3, 4 and 5. Originality/value This article provides expert analysis and guidance from experienced securities lawyers.

Virtual currency in sanctioned jurisdictions: stepping outside of SWIFT

2019 ◽  
Vol 20 (2) ◽  
pp. 39-44 ◽  
Author(s):  
Katherine Kirkpatrick ◽  
Christine Savage ◽  
Russell Johnston ◽  
Matthew Hanson
Keyword(s):  
Best Practices ◽  
Design Methodology ◽  
Virtual Currency ◽  
Content Type ◽  
The Us ◽  
Expert Analysis ◽  
Practical Implications ◽  
Foreign Assets

Purpose To understand and analyze sanctions evasion and enforcement via virtual currencies. Design/methodology/approach Discusses various jurisdictions’ attempts to further the use of virtual currency to facilitate and maximize access to international funds; analyzes the aspects that make virtual currency uniquely suited to evade sanctions; suggests best practices for industry participants to be sure to account for the differences in crypto asset structure and related risks. Findings The US Treasury Department’s Office of Foreign Assets Control (OFAC) has explicitly stated that despite virtual currency’s anonymity, industry participants are still responsible for policing and enforcing client compliance. Although sanctioned jurisdictions are thinking creatively about ways around SWIFT, the use of virtual currency to skirt sanctions presents certain challenges. Practical implications Virtual currency industry participants should understand OFAC’s specific guidance regarding compliance obligations in the cryptocurrency space, and should implement best practices and conservative measures to avoid unknowingly running afoul of sanctions laws. Originality/value Expert analysis and guidance from experienced investigations and sanctions lawyers.

scholarly journals Influence of Big Data in managing cyber assets

2019 ◽  
Vol 9 (4) ◽  
pp. 503-514
Author(s):  
Amit Mitra ◽  
Kamran Munir
Keyword(s):  
Big Data ◽  
Asset Management ◽  
Design Methodology ◽  
Insurance Industry ◽  
Manufacturing Industries ◽  
Time Data ◽  
Content Type ◽  
Innovative Leadership ◽  
Data Flows ◽  
Desk Research

Purpose Today, Big Data plays an imperative role in the creation, maintenance and loss of cyber assets of organisations. Research in connection to Big Data and cyber asset management is embryonic. Using evidence, the purpose of this paper is to argue that asset management in the context of Big Data is punctuated by a variety of vulnerabilities that can only be estimated when characteristics of such assets like being intangible are adequately accounted for. Design/methodology/approach Evidence for the study has been drawn from interviews of leaders of digital transformation projects in three organisations that are within the insurance industry, natural gas and oil, and manufacturing industries. Findings By examining the extant literature, the authors traced the type of influence that Big Data has over asset management within organisations. In a context defined by variability and volume of data, it is unlikely that the authors will be going back to restricting data flows. The focus now for asset managing organisations would be to improve semantic processors to deal with the vast array of data in variable formats. Research limitations/implications Data used as evidence for the study are based on interviews, as well as desk research. The use of real-time data along with the use of quantitative analysis could lead to insights that have hitherto eluded the research community. Originality/value There is a serious dearth of the research in the context of innovative leadership in dealing with a threatened asset management space. Interpreting creative initiatives to deal with a variety of risks to data assets has clear value for a variety of audiences.

FINRA fines broker-dealer for failing to apply Class A sales charge waivers for certain eligible customers on its mutual fund platform

2014 ◽  
Vol 15 (4) ◽  
pp. 53-56
Author(s):  
Richard F. Kerr
Keyword(s):  
Mutual Funds ◽  
Financial Institutions ◽  
Mutual Fund ◽  
Design Methodology ◽  
Content Type ◽  
Supervisory System ◽  
Enforcement Action ◽  
Class A

Purpose – To review FINRA enforcement action taken against a broker-dealer over failure to waive mutual fund sales charges for certain eligible customers and failure to establish, maintain, and enforce a supervisory system and written procedures reasonably designed to ensure eligible accounts received sales charge waivers as set forth in the mutual funds’ prospectuses. Design/methodology/approach – Reviews and summarizes FINRA’s finding’s regarding the broker-dealer’s failure to apply applicable mutual fund sales charge waivers, deficiencies in the broker-dealer’s supervisory system and written procedures resulting in the failure, resulting violations of FINRA rules, the broker-dealer’s remedial efforts, and the sanctions imposed. Findings – This settlement provides an important reminder for FINRA member broker-dealers of the need to ensure that eligible investors receive applicable sales charger waivers or are placed in the appropriate share class, and to establish, maintain, and enforce a supervisory system and written procedures reasonably designed to ensure eligible accounts received sales charge waivers as set forth in the mutual funds’ prospectuses. Originality/value – Practical explanation from experienced financial institutions lawyers.

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