Tag: IACCP

NRS 29th Annual Compliance Conference

nrs compliance conference

I’m trying out a new compliance conference this fall: the NRS 29th Annual Fall Investment Adviser & Broker-Dealer Compliance Conference.

I have to admit that I’m attending mostly because they asked me to speak. My session is on Issues on Private Fund Management on Day Two.

One of the challenges of staying up-to-date on compliance is learning about the new requirements as they come into effect. The second challenge is learning how your peers are interpreting the new requirements and putting them into effect at their organiztions. A compliance conference is a great way help with both of those challenges.

The NRS Conference is tied to my designation as an Investment Adviser Certified Compliance Professional. NRS is the organization that runs the certification program. With the designation comes continuing education requirements. (I have met most of my requirements at non-NRS events.) Attending the conference will help also help me finish off my requirements for the year.

Investment Adviser Certified Compliance Professional

IACCP Certification

Just tooting my own horn today. I finally fulfilled the requirement to become an Investment Adviser Certified Compliance Professional®.

With the SEC’s registration requirement for private fund managers, I took a closer look at what the SEC requires for compliance professionals.  Rule 206(4)-7 imposes no particular requirements on a chief compliance officer. The SEC release for the rule provides a bit a more context on the professional background requirements:

“An adviser’s chief compliance officer should be competent and knowledgeable regarding the Advisers Act…”

I  looked at several compliance programs but decided the Investment Adviser Certified Compliance Professional Program co-sponsored by the Investment Adviser Association and National Regulatory Services would be the best choice.

I assume this certification and designation would give me the right to say I am “competent and knowledgeable regarding the Advisers Act.”

The program is a lot of work: 20 courses and a test. The test was hard. I did not feel confident that I had passing marks when I handed it in. But apparently I did.

This was my lineup of courses, all of which were well run:

  • Introduction to the Advisers Act
  • Books and Records Requirements for Investment Advisers
  • Insider Trading, Contracts and Form ADV Deilvery Req.
  • Understanding Fiduciary Duties, Sweep of Anti-Fraud Prov
  • Custody, Pay to Play, Solicitors and Proxy Voting Anti-Fraud Rules
  • Compliance Programs Rules
  • IA Codes of Ethics
  • Prof. Ethics: Ethical Decision-Making for Compliance
  • Form ADV Part 1- Annual Updating Amendment and More
  • Form ADV Part 2: Identifying and Disclosing Conflicts-
  • Critical Skills for High Performance Compliance Profes
  • Investment Adviser Performance and Advertising
  • Investment Adviser Regulatory Update
  • Anti-Money Laundering Risk Management and Monitoring
  • Safely Embracing the Power of Social Media
  • Defensible Due Diligence for Investment Advisers and Hedge Funds
  • A Tailored Compliance Testing Program for IAs
  • SEC Examinations for Investment Advisers
  • Trading Practices, Portfolio Compliance and Related Enforcement Cases
  • RIA Year-End Compliance Check-Up

More on the Investment Adviser Certified Compliance Professional Program.

Pay to Play and Cash Solicitations

The Securities and Exchange Commission extended the date by which registered investment advisers must comply with the ban on third-party solicitation in Rule 206(4)-5 under the Investment Advisers Act. The SEC is extending the compliance date in order to ensure an orderly transition. Since solicitors will need to registered as an investment adviser or a broker/dealer or a municipal advisor.

Part of the rule was reliant on FINRA coming up with a rule to meet the requirements under the definition of “registered person” in 206(4)-5(f)(9)(ii)(B) for broker-dealers. FINRA has not done that yet. (Isn’t FINRA supposed to be more effective than the SEC?)

It’s not just FINRA, the the Municipal Securities Rulemaking Board has not finished its rules for municipal advisers under 206(4)-5(f)(9)(iii).

My IACCP symposium also raised the limitations in Rule 206(4)-3. That rule prohibits the use of solicitors in fundraising unless certain requirements are met. The rule specifically refers to “clients” with no further elaboration. For a private fund, that raises the distinction between the fund as a client and the fund investors as limited partners in the fund.

Fortunately, there is an interpretative letter ruling on the topic

We believe that Rule 206(4)-3 generally does not apply to a registered investment adviser’s cash payment to a person solely to compensate that person for soliciting investors or prospective investors for, or referring investors or prospective investors to, an investment pool managed by the adviser.

Sources:

Professional Certifications for Compliance

Do you need a certification to be compliance professional?

“Need” is not the right answer. Compliance is still a diverse and complex field, where the needs can differ remarkably from firm to firm.

I’m a bit skeptical that a generic certificate program is likely to help me much with my job or professional development. Whatever benefit comes from the program needs to balance the cost of the program and the time spent at the program’s courses (and away from the actual job).

I was contemplating the Society of Corporate Compliance and Ethics programs. They offer a Certified Compliance and Ethics Professional certification. You can combine a multi-day academy offering to meet the classroom requirements and take a test the next day.

With the SEC’s registration requirement for private fund managers, I took a closer look at what the SEC requires for compliance professionals.  Rule 206(4)-7 imposes no particular requirements on a chief compliance officer.  The SEC release for the rule provides a bit a more context on the professional background requirements:

“An adviser’s chief compliance officer should be competent and knowledgeable regarding the Advisers Act…”

So it’s not a lot of context. But you need to show that you understand the Advisers Act.

I switched gears from the CCEP and took a look at the Investment Adviser Certified Compliance Professional co-sponsored by the Investment Adviser Association and National Regulatory Services. I assume this certification and designation would give me the right to say I am “competent and knowledgeable regarding the Advisers Act.” It will even give me a certification that says so.

But it’s a lot of work: 20 courses and a test.

I’m taking care of six of those course over the next two days.

Boston IA Compliance Symposium 2012

Northeastern University Batterymarch Conference Center
Second Floor of the Hilton Boston Financial District

DAY 1 – Tuesday, June 12, 2012

8:30 AM–10:30 AM (ET)

A New Look at the Advisers Act: Registration, Exclusions and Exemptions; Mid-Sized Advisers and Exempt Reporting Advisers; Private Fund Advisers and More

10:45 AM–12:45 PM (ET)

Books and Records Requirements for Investment Advisers

2:00 PM–4:00 PM (ET)

Insider Trading, Contracts and New ADV Delivery Requirements

Day 2 – Wednesday, June 13, 2012

8:30 AM–10:30 AM (ET)

Understanding Fiduciary Duties and the Sweep of the Anti-Fraud Provisions of the Advisers Act

10:45 AM–12:45 PM (ET)

Custody and Pay-to-Play Rules Plus Solicitors and Proxy Voting Requirements for Investment Advisers

2:00 PM–4:00 PM (ET)

Compliance Programs Rules and Strategies for Managing Your Annual Review