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New Advertising and marketing Rule, Reg BI Are High SEC Examination Priorities for 2023

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New Advertising and marketing Rule, Reg BI Are High SEC Examination Priorities for 2023


The Securities and Trade Fee launched Tuesday its examination priorities for 2023, with exams of advisors’ compliance with the brand new advertising rule and Regulation Finest Curiosity topping the record.

The examination division mentioned that it’s going to concentrate on whether or not registered funding advisors have adopted and carried out written insurance policies and procedures to forestall violations by advisors and their supervised individuals of the brand new rule and whether or not RIAs have “complied with the substantive necessities” of the rule.

Additionally a precedence can be exams of broker-dealers’ and RIAs’ use of rising applied sciences and cryptocurrencies and the way these corporations are “using new practices, together with technological and on-line options to satisfy the calls for of compliance and advertising and to service investor accounts,” the company defined.

Exams of registrants “will concentrate on the provide, sale, advice of, or recommendation relating to buying and selling in crypto or crypto-related property” and embrace whether or not the agency:

  • met and adopted their respective requirements of care when making suggestions, referrals, or offering funding recommendation; and
  • routinely reviewed, up to date, and enhanced their compliance, disclosure, and threat administration practices.

“In a time of rising markets, evolving applied sciences, and new types of threat, our Division of Examinations continues to guard buyers,” SEC Chairman Gary Gensler mentioned in releasing the priorities. “In executing in opposition to the 2023 priorities, the Division will assist guarantee compliance with the federal securities legal guidelines and guidelines.”