ComplianceCast Goes In-Depth on BCP & Transition Planning

Business continuity planning (BCP) and transition planning derive from an adviser’s fiduciary duty the SEC’s desire to push back against banking regulators who want to impose prudential regulations on asset management firms, but the devil is in the details.

Ascendant’s recent ComplianceCast “Planning for the Worst: Business Continuity and Transition Planning,” goes in-depth on the SEC-proposed BCP/transition planning Rule 206(4)-4, including concerns about it from the industry, the impact of the new presidential administration, and likely next steps.

With implications for both compliance and operations, the rule is intended to ensure that your firm’s services to its clients continue when you’re faced with a business disruption. This ComplianceCast covers:

  • Breaking down the proposed rule requirements
  • Dealing with natural disasters, cyber-attacks, IT failures, and the loss of key personnel
  • Transition planning for small firms and large firms
  • Managing critical vendors and the risks they pose to your firm
  • Why the SEC can bring enforcement actions even before the rule is adopted

To download the ComplianceCast, please click here and fill out the download request form.

Related Content

Latest Content

How Do You Supervise for SEC Pay-to-Play Violations?

If you wanted more information about the contours of the SEC’s Pay-to-Play Rule, or how the SEC may enforce it, three recent Settlement Orders against large investment advisers for “over de minimis” political contributions provide some insight regarding one of the prohibitions: Contributions by Covered Associates to certain Government Officials over the specified Exception amount (capitalized words are terms in the … Continued

Do your Fund Documents Clearly Disclose Receipt of Accelerated Monitoring Fees?

Somewhat more reminiscent of the broken-windows enforcement era, two affiliated private equity advisers managing billions settled with the SEC on charges that they failed to make pre-commitment disclosures in fund governing documents related to accelerated fees received from portfolio companies. Interestingly, according to the Settlement Order, the advisers had made some disclosures in fund documents … Continued

With New Risk Alert, SEC Doubles Down on Best Execution

On July 11, 2018, the SEC issued a Risk Alert outlining commonly found compliance issues related to best execution by investment advisers. Advisers have an obligation to seek best execution of client transactions, taking into consideration quantitative factors such as execution quality and commission rate, as well as more qualitative factors such as the value … Continued

The Cost of Compliance: Understanding and Leveraging Resources

For compliance officers, obtaining the necessary tools and resources to build an effective compliance program can be costly and difficult to implement. How do you distinguish the best in class, the most cost-efficient and effective for use in your program? In this ComplianceCast, speakers David Porteous of Faegre Baker Daniels and Korrine Kohm of Ascendant … Continued

California Privacy Law Brings GDPR-Lite to the U.S.

New Act Will Give Consumers Rights to Access and Delete Their Data In what has become an ongoing race among states to have the toughest privacy regulation in the U.S., California has jumped to the front. On June 28, 2018, California’s legislature unanimously passed a privacy bill that was later signed by Governor Jerry Brown, … Continued

Mailing List

Subscribe to the Ascendant Compliance email list for the latest compliance resources, conferences, ComplianceCasts™, and more.

Loading form...

Contact Us

Ascendant works together with clients to identify and assess critical needs through customized plans. If you need assistance with compliance functions, regulatory services, cybersecurity or technology tools, we’d love to speak with you.