The Evolving Regulatory Landscape with John Walsh
Keynote Speaker – Larry McDonald, Noted Economist and Author
At the height of the 2008 financial crisis, Mr. Lawrence McDonald wrote the book, “A Colossal Failure of Common Sense: The Inside Story of the Collapse of Lehman Brothers.” Hear Larry bring his extraordinary insights and perspectives as both insider and economist on the latest trends in the financial industry and what it portends for regulation.
Featured Speaker – Helen Sharkey, Ethics, Accountability & Whistleblower Responsibilities
Helen Sharkey was hired as an accountant in 1996 by Dynegy that was an up and coming energy trading company in Houston. She had no idea the job would ultimately lead to 28 days in a maximum security federal prison. She will be telling her story that led to her prison and how she has rebuilt her life in the aftermath.
Regulatory Roundtables with former and current
FINRA, SEC, and State regulators (BD)
Hear from key regulatory professionals from FINRA, the
SEC or States regarding hot topics, exams findings and other key topics that
should be front and center for every broker-dealer.
Regulatory Roundtables with former and current
SEC and State regulators (RIA)
Hear from current and former SEC and State regulators
on the compliance topics they feel should be front and center for every
investment adviser.
You’ve Been Designated CCO, What’s Next? (BD)
As CCO you face a number of challenges including
balancing the business needs of the firm with regulatory requirements and
ensuring the personnel and activities of the firm are being supervised in
accordance with the rules and firm policies. Learn what the role of the CCO
includes and how this differs from that of a supervisor as well as how to create
a culture of compliance within the firm.
Risk Management and CCO Liability (RIA)
Rule 206(4)-7 under the Advisers Act requires each
SEC-registered advisory firm to appoint a CCO who will administer its compliance
program. To the SEC, appointment of a CCO with overall responsibility for
management of an adviser’s compliance program is a key element of investor
protection. With this responsibility, however, comes risk and potential
liability. In this session we will discuss the current regulatory landscape for
CCOs, review case studies, and provide practical tips for CCOs to manage their
risk.
New Form ADV Disclosure Obligations
The SEC has proposed rules and amendments intended to
improve the depth of information provided by advisers on Form ADV to facilitate
the SEC’s risk monitoring initiatives. The proposal would amend Form ADV in
three areas: 1) fill data gaps and enhance reporting requirements, especially
around separate account assets under management, 2) incorporate “umbrella”
registration for private fund advisers (i.e. relying advisers), and 3) provide
clarifying, technical and other amendments to existing items and instructions.
During this session we will review and discuss implications of the new
disclosure requirements.
Demystifying Compliance for Dual Registrants
Compliance can be more complex for dually registered
Broker-Dealer / Registered Investment Advisory firms. Often regulations differ
substantially, making it difficult to structure a meaningful/workable program.
Join this session to “demystify” your firm’s compliance requirements pertaining
to areas such as advertising, best execution, supervision and conflicts of
interest.
Marketing & Social Media in a Device-Driven
World
Communicating with clients and prospects today isn’t
what it used to be. With all of the alternative electronic communication
channels available, broker-dealers and investment advisers must be extra
cautious to ensure compliance with regulatory requirements. Join industry
thought leaders in this session as it focuses on applying existing regulations
to the newest forms of communications, with emphasis on how to stay compliant
when marketing your firm’s services across multiple electronic media.
Conducting Meaningful Best Execution Reviews
All advisers who place transactions for clients have a
fiduciary duty to obtain best price and execution. Many advisers are negligent
in conducting thorough best ex reviews, and the SEC continues to raise this
issue, with particular emphasis on advis¬ers who have the ability to place
client transactions through an affiliate. Industry “best ex guru”, Dave Sobel,
discusses concerns impacting all advisers who place client transactions as well
as tips for conducting meaningful best execution reviews.
Don’t Be Conflicted – Is it an OBA or PST?
How do you determine if an activity of a
representative is an outside business activity or a private securities
transaction? What is the difference? If it is disclosed, does it matter what we
call it? Get these answers and more…
Growing Your Business with Regulatory
Confidence
Growing the firm is the top priority of every employee
– including the compliance team. Come listen and engage with experienced
practitioners as they describe their successes and set-backs in the delicate
balance between aggressive growth and compliance.
Dodd-Frank and the JOBS Act Revisited
Dodd-Frank and the JOBS Act changed the landscape of
financial regulation. As rules promulgated by the changes are being enacted,
firms are left scratching their heads trying to decipher what applies, and how
to apply it. This session will look at the Acts, what is applicable now and how
these rules impact broker-dealers and investment advisors.
Senior Sales Practices
As the country’s workforce progresses toward
retirement, there is increasing demand for sound, suitable retirement advice.
However, diminishing financial capacity of clients, suitability concerns, and
unethical sales practices have raised the issue of servicing seniors and those
close to retirement to a new level for regulators. This session will be an
interactive discussion on how to protect and service your clients without
raising regulatory concern.
Protecting Investors/Seniors
Seniors and investors of diminished capacities are
particularly vulnerable to scams and unscrupulous sales tactics. The SEC, FINRA
and the state regulators have all expressed concern about the way in which
products and services are offered to this growing group of investors. This
session will explore these concerns and areas of focus that every firm should
consider in offering products or services to such clients. This session will
also cover regulatory concerns/studies from FINRA/SEC perspectives.
Oversight of Service Providers (Due Diligence)
While outsourcing some of a firm’s operational and
compliance functions often makes sense, firms cannot outsource their
responsibility to ensure compliance with regulatory requirements and to ensure
the protection of client information. This session will discuss best practices
in overseeing third-party providers, including technology vendors, trading
platforms, and third-party managers. Identifying and disclosing conflicts of
interest, conducting periodic due diligence reviews, and ensuring business
continuity and disaster recovery will also be discussed.
Net Capital Pitfalls
It’s fairly obvious that broker-dealers have to
compute net capital on a monthly basis, as well as file FOCUS reports either
monthly or quarterly. But what are the Exceptions that FINRA examiners are
finding and citing when conducting examinations? What is the financial impact
for broker-dealer firms? And what are the critical interpretations of the Net
Capital Rule that broker-dealers have to be aware of? This session will be an
engaging, interactive forum for industry thought leaders, FinOps and former
regulators to share best practices and experiences.
Cybersecurity: How Regulation and Risk
Mitigation are Reshaping Your Firm’s Operations
What does the SEC and FINRA mean when they talk about
cybersecurity? What are industry best practices and expectations of the
regulators around data protection and cybersecurity? What is an effective
incident response plan and how do I know if my firm is doing enough? This
session will review the SEC’s Cybersecurity Sweep findings, and will discuss the
protective measures firms should be taking now to prevent or minimize the next
data breach.
Workshop – Advertising: Test Your Review
Skills for BD/RIA
Do you have a website, are your listed in the yellow
pages, have you placed an ad in your local paper or are you using social media?
What about your reps? This workshop will provide hands-on examples of
advertising to help participant’s in learning to identify potential issues under
SEC or FINRA rules.
Workshop – Succession Planning/Business
Continuity Planning
Your business is generally one of your largest assets
and could be gone in seconds without proper planning. Having a
succession/business continuity plan can help your business survive a change in
key personnel, a natural disaster or a complete breakdown of your systems. The
session will help guide you through ways to take away the fear of what tomorrow
could be and allow you to weather whatever storm may arise.
Workshop – Auditing: Last Year the Rules
Changed, What Did We Learn?
This workshop is a nuts and bolts approach to getting
your firm ready for your audit. The rules changed and there is new emphasis by
auditors and regulators alike. Our team of uber-experienced auditors will be
ready to answer questions and discuss the new standards so your audit goes from
painful to clear-sailing!
EB-5: U.S. Regulation and Compliance Guidance
EB-5 is an immigration program that allows foreign
investors to obtain a special visa and possibly a green card for investing in US
offerings. The SEC has expressed concern that firms engaging in this activity
could be acting as unregistered broker-dealers. This has resulted in regional
centers, and caused EB-5 firms and others to seek registration. This session
will discuss the program, considerations of offerings and trials and
tribulations of getting registered.
Workshop – Life beyond Compliance!
Build/Plan/Test.
A CCO can feel trapped by compliance with new rules,
regulations, and what to do first! Come to this workshop to hear from industry
experts and your seasoned peers as they share case studies and best practices on
how to prioritize, plan and re-gain control over your enterprise’s compliance
environment.