Implementing 2017 SEC Custody Guidance: A Panel Discussion

In February, the SEC offered long-awaited clarity on the issue of custody through a no-action letter to the Investment Adviser Association, updated FAQ guidance, and an interpretive Guidance Update.

Collectively, the information helped offer a clearer view of a topic that is often murky. On March 24, Ascendant rounded up an all-star lineup to analyze the new guidance and offer advisers key takeaways. Panelists include Christopher Gilkerson, SVP & General Counsel, Charles Schwab & Co.; Laura L. Grossman, Assistant General Counsel, Investment Adviser Association; Robert E. Plaze, Partner, Proskauer Rose LLP, and Jacqueline Hallihan, Partner, Ascendant Compliance Management.

The ComplianceCast webinar, “Implementing Recent SEC Custody Guidance: Analysis, Practical Implications, Next Steps,” is now available.

To request a download, click here.

This ComplianceCast will address the complex custody topic, with new coverage of the following:

  • SLOAs (authority to transfer client money to a third party)
  • First-Person Transfers (authority to transfer money to the same client)
  • Custodial Agreement Provisions with Advisory Clients (which impute advisers with custody)
  • Avoid Inadvertent Custody with Written Consent

Analyzing Recent SEC Guidance:

  • Investment Adviser Association No-Action Letter, February 21, 2017
  • IM Guidance Update February 2017, “Inadvertent Custody: Advisory Contract versus Custodial Contract Authority.”
  • FAQs, prior no-action letters

Next steps: Good-faith effort and timing; adapting policies and procedures, written consent and IMAs.
Bonus coverage of more industry questions.

Related Content

Latest Content

Cyber Crimes – Don’t Forget to File that SAR!

  Stopping, or even slowing, the proliferation of cyber-event related criminal activities remains a chief goal in the broker-dealer and investment advisory communities. As pointed out in a 2016 advisory released by the Financial Crimes Enforcement Network (“FinCen”), “Cyber-events targeting financial institutions often constitute criminal activity and can serve as means to commit a wide range of … Continued

DOL Rule Extension to Overlap with SEC Consideration of Fiduciary Standards

Following the Department of Labor’s November 27, 2017 announcement of an 18-month extension to the existing Fiduciary Rule transition period, the industry will enter a period of further study for proper standards for disclosure or elimination of conflicted compensation arrangements. That’s a mouthful right there. The Obama administration’s March 31, 2017 implementation of various new prohibited … Continued

Schedule 13D/13F Clarity on ETF Issues

Do I need to file a 13D or 13G if my client accounts hold in excess of 5% of an ETF? Generally, no. The SEC has granted no-action relief to ETFs with respect to compliance with Section 13(d) of the Securities Exchange Act. Section 13(d) was designed to require disclosure when holders begin to accumulate … Continued

New Remedy Coming for SEC’s Custody Rule?

The SEC’s Custody Rule continues to be a common source of confusion and a landmine for noncompliance. Custodial paperwork has caused huge headaches for investment advisers, who are not a party to the agreement and may not even have a copy of the custodial new account paperwork. The issue with existing guidance is that it … Continued

SEC Issues MiFID II No-Action Relief

Some industry anxiety was assuaged on October 26 with three no-action letters that offer relief for some US regulated broker-dealers and investment advisers regarding European MiFID II regulations. The letters followed consultation with the European authorities, and are designed to address concerns that investors could lose access to valuable research. MiFID II is a series of regulations … 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.