April 6th, 2022Client Alert

SEC’s 2022 Examination Priorities

On March 30, 2022, the SEC’s Division of Examinations announced its examination priorities for the current year. Like 2021’s examination priorities this year includes Information Security and Operational Resiliency and Retail Investors, as well as the following key risk areas:

Private Funds – focusing on registered investment advisors (RIAs), issues under the Advisers Act, portfolio strategies, risk management, and conflicts and disclosures.

Environmental, Social, and Governance (“ESG”) – including mutual funds, exchange-traded funds, and whether RIAs, registered funds, and voting of client securities are complying with disclosure requirements, policies, and practices made to prevent violations of federal securities laws.

Working Families – expanding the Division’s examination of retail investors to include working families by making sure registrants do not put their own interests ahead of both retail investors’ and working families.

Emerging Technologies and Crypto-Assets – examining broker-dealers and RIA firms that use or offer new products, services, or practices to assess whether operations and regulatory obligations are in-line with the standard of conduct owed to investors.

The Securities & Capital Markets team at Michael Best can help ensure entities conduct their activities in accordance with the SEC’s Division of Examinations and other federal securities laws. Please do not hesitate to contact our team for assistance. 

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