New WSP/CoE Section Update – IAR CE

May 19, 2022

RIA Compliance Consultants has released a new WSP/CoE section update, IAR CE.  This is a sample investment adviser compliance manual section related to the investment adviser representative continuing education (“IAR CE”) requirements of certain state securities regulators.

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Kentucky Adopts IAR Continuing Education Rule, Cybersecurity Requirements

April 26, 2022

On April 18, 2022, Kentucky announced that it had adopted Senate Bill (“SB”) 298, making it the newest state to adopt an investment adviser representative continuing education (“IAR CE”) requirement, joining Mississippi, Vermont, Maryland, Michigan, and Wisconsin. Along with Michigan and Wisconsin, Kentucky’s new rule will become effective January 1, 2023. For investment adviser representatives in Mississippi, Vermont, and Maryland, an IAR CE requirement is already in effect.

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Email Phishing Scam from a FINRA Imposter

April 25, 2022

It was brought recently to our attention that many of our investment adviser clients have received a suspicious email similar to the sample below. This email appears to be sent from the email domain: claims-finra.org and includes a subject line such as “Re: FINRA URGENT REQUEST FOR….”

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Fiduciary Advice Exemption Enforcement for PTE 2020-02 Now in Effect for Investment Advisers

February 01, 2022

As of February 1, 2022, the U.S. Department of Labor (“DoL”) will begin enforcing PTE 2020-02, a fiduciary advice prohibited transaction exemption that applies to IRA rollovers. Previously, the DoL had issued a temporary enforcement policy in Field Assistance Bulletin 2018-02 indicating that the DoL would not pursue enforcement claims related to prohibited transaction claims so long as an investment adviser could demonstrate that it was complying with the Impartial Conduct Standards “in good faith and with reasonable diligence.” The temporary enforcement policy ended on January 31, 2022.

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