Seminar  Seminar

Broker-Dealer Advisory Services 2014: Current Legal and Compliance Issues Facing Dual Registrants


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This is a webcast of the live New York session.

Why you should attend

Broker-dealers that are dually registered as investment advisers are under intense regulatory scrutiny and are subject to a number of new and evolving regulatory framework. At this program, attendees will be provided with expert analysis regarding today’s hot topics impacting the relevant regulatory framework, as well as practical considerations regarding the design and implementation of such programs. A distinguished faculty of practitioners and regulators will review current regulatory initiatives and recent examination and enforcement activity to give attendees a multi-faceted perspective on requirements and best practices in this area.

What you will learn

  • SEC and FINRA scrutiny of broker-dealer supervision of advisory activity
  • The SEC’s fiduciary duty initiative
  • The impact of the changes to FINRA’s supervision rule
  • What are the lessons learned from recent SEC and FINRA enforcement actions?
  • How should conflicts of interest be disclosed and resolved?

Who should attend

This program is designed for legal and compliance professionals at broker-dealers and advisers. We will also frame the discussion so that anyone entering the financial services industry will benefit from the program's thorough grounding regarding the basic regulatory compliance governing broker-dealers and advisers.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

All times are E.S.T.

Morning Session: 9:00 a.m. - 1:30 p.m.  (E.S.T.)


9:00 Welcome and Introduction

Clifford E. Kirsch

9:15 Regulatory Framework

  • The Various Platforms: Corporate RIAs; RIA/RR Independent Business Model
  • Regulatory Reporting: Form B, Form BD
  • FINRA Regulation of Advisory Services
  • Regulatory Harmonization

Clifford E. Kirsch, Debra A. Roth, Noah D. Sorkin

10:15 Supervision of Advisory Activities

  • Representative as Portfolio Manager Programs
  • Representative Independent RIAs
  • Suitability Considerations Re Wrap Programs

Clifford E. Kirsch, John C. Munch

11:15 Networking Break

11:30 Dual-Registrant Advice in the Retirement Marketplace

  • What it means to be an ERISA Fiduciary
  • ERISA Fiduciary Duty Redefinition
  • IRA Rollovers
  • DOL’s Exam and Enforcement Trends

Jason C. Roberts

12:30 Advice Regarding Commodities

  • Implication for Retail Advisory Services Related to Advice about mutual funds and ETFs that are commodity pools
  • CTA Registration
  • NFA Compliance Obligations

Susan I. Gault-Brown

1:30 Adjourn

Chairperson(s)
Clifford E. Kirsch ~ Sutherland
Speaker(s)
Susan I Gault-Brown ~ K&L Gates LLP
John C. Munch ~ General Counsel, SEI Investments Distribution Co.
Jason C. Roberts ~ Chief Executive Officer, Pension Resource Institute
Debra A. Roth ~ Executive Director, Morgan Stanley
Noah D. Sorkin ~ Executive Vice President and General Counsel, AIG Advisor Group
Program Attorney(s)
Lauren E. Nochta ~ Program Attorney, Practising Law Institute
PLI makes every effort to accredit its Live Webcasts. Please check the CLE Calculator above for CLE information specific to your state.

PLI's Live Webcasts are approved for MCLE credit (unless otherwise noted in the product description) in the following states/territories:  Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana1, Iowa*, Kansas*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York2, Ohio3, Oklahoma, Oregon*, Pennsylvania4, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia5, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming*.

*PLI will apply for credit upon request.

Arizona: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.

Arkansas and Oklahoma: Audio-only live webcasts are not approved for credit.

 

1Indiana: Considered a distance education course. There is a 6 credit limit per year.

2New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.

3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.

4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.

5Virginia: All distance learning courses are to be done in an educational setting, free from distractions.


Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.

Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: info@pli.edu.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Why you should attend

Broker-dealers that are dually registered as investment advisers are under intense regulatory scrutiny and are subject to a number of new and evolving regulatory framework. At this program, attendees will be provided with expert analysis regarding today’s hot topics impacting the relevant regulatory framework, as well as practical considerations regarding the design and implementation of such programs. A distinguished faculty of practitioners and regulators will review current regulatory initiatives and recent examination and enforcement activity to give attendees a multi-faceted perspective on requirements and best practices in this area.

What you will learn

  • SEC and FINRA scrutiny of broker-dealer supervision of advisory activity
  • The SEC’s fiduciary duty initiative
  • The impact of the changes to FINRA’s supervision rule
  • What are the lessons learned from recent SEC and FINRA enforcement actions?
  • How should conflicts of interest be disclosed and resolved?

Who should attend

This program is designed for legal and compliance professionals at broker-dealers and advisers. We will also frame the discussion so that anyone entering the financial services industry will benefit from the program's thorough grounding regarding the basic regulatory compliance governing broker-dealers and advisers.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Morning Session: 9:00 a.m. - 1:30 p.m.
 
9:00 Welcome and Introduction

Clifford E. Kirsch

9:15 Regulatory Framework

  • The Various Platforms: Corporate RIAs; RIA/RR Independent Business Model
  • Regulatory Reporting: Form B, Form BD
  • FINRA Regulation of Advisory Services
  • Regulatory Harmonization  

 Clifford E. Kirsch, Debra A. Roth, Noah D. Sorkin

10:15 Supervision of Advisory Activities

  • Representative as Portfolio Manager Programs
  • Representative Independent RIAs
  • Suitability Considerations Re Wrap Programs

Clifford E. Kirsch, John C. Munch

11:15 Networking Break

11:30 Dual-Registrant Advice in the Retirement Marketplace

  • What it means to be an ERISA Fiduciary
  • ERISA Fiduciary Duty Redefinition
  • IRA Rollovers
  • DOL’s Exam and Enforcement Trends

Jason C. Roberts

12:30 Advice Regarding Commodities

  • Implication for Retail Advisory Services Related to Advice about mutual funds and ETFs that are commodity pools
  • CTA Registration
  • NFA Compliance Obligations

 Susan I. Gault-Brown

1:30 Adjourn

Chairperson(s)
Clifford E. Kirsch ~ Sutherland
Speaker(s)
Susan I Gault-Brown ~ K&L Gates LLP
John C. Munch ~ General Counsel, SEI Investments Distribution Co.
Jason C. Roberts ~ Chief Executive Officer, Pension Resource Institute
Debra A. Roth ~ Executive Director, Morgan Stanley
Noah D. Sorkin ~ Executive Vice President and General Counsel, AIG Advisor Group
Program Attorney(s)
Lauren E. Nochta ~ Program Attorney, Practising Law Institute

New York City Seminar Location

PLI New York Center
, 1177 Avenue of the Americas, (2nd floor), entrance on 45th Street, New York, New York 10036. Message Center, program days only: (212) 824-5733.

New York City Hotel Accommodations

Crowne Plaza Times Square Manhattan, 1605 Broadway (at 48th Street), New York, NY 10019 (212) 977-4000. When calling, mention Practising Law Institute. You can also make reservations online to access PLI's rates.

The Muse, 130 West 46th Street, New York, NY 10036.  Please call reservations at 1-800-546-7866. When calling, please mention Practising Law Institute.  You can also book online at https://gc.synxis.com/rez.aspx?Hotel=26750&Chain=10179&promo=PRLW.

Millennium Broadway Hotel, 145 West 44th Street, New York, NY 10036. Please call reservations at 1-800-622-5569.  When calling, please mention Practising Law Institute.  You can also book online at https://gc.synxis.com/rez.aspx?Hotel=11533&Chain=5303&promo=PLAW.

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

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