Once registered, SEC- and state-registered advisers must develop compliance programs covering issues as diverse as trading and portfolio management practices, proprietary trading by the advisory firm, personal trading by the firm’s principals and employees, insider trading, safeguarding of client assets, marketing and advertising, asset valuation, privacy policies and business continuity or disaster planning. Generally, these compliance programs must be memorialized in writing and reviewed annually. Both SEC and state advisory rules set forth extensive record-keeping provisions requiring the maintenance of voluminous records by the adviser, which are subject to inspection by regulators.
Parker MacIntyre is a leading provider of advisory compliance solutions, thereby enabling advisers to fulfill these extensive and rigorous obligations—under unique cost-effective consultation arrangements. Specifically, Parker MacIntyre offers several Compliance Plans, whereby we provide a set level of routine ongoing compliance services for a flat monthly fee. Services vary based on the level of plan selected; however, certain baseline services are provided regardless of the plan purchased. For example, all of our plans include annual review, editing and advice regarding the sufficiency of the firm’s advisory agreement, compliance manual, privacy policy, and Form ADV as well as preparation of a requisite annual updating amendment to Form ADV. Each of our plans requires a minimum one-year commitment.
Advisers that desire more regular and in-depth assistance can choose a Compliance Plan that includes year-round marketing reviews, other-than-annual Form ADV amendments, or even on-site compliance meetings and/or representative training sessions. All of our Compliance Plans include an interactive compliance calendar and access to in-depth research materials made available through our proprietary client portal.
A major emphasis of our advisory firm compliance services—whether as part of a Compliance Plan or on an ala carte basis—is providing the adviser with all of the legal agreements, disclosure documents and other legal documents required of the adviser, either under applicable law or pursuant to best practices. For example, we routinely draft customized investment advisory agreements for our clients, as well as subadvisory or co-advisory agreements as needed. We will also prepare and/or review agreements between the adviser and its various partners and vendors. And, of course, we will draft or revise an adviser’s Part 2 brochure, compliance manual, code of ethics, privacy policy, cybersecurity policy or business continuity plan.
Unlike the typical investment adviser compliance consultancy, Parker MacIntyre augments its formidable compliance capabilities with a deep knowledge base in advisory law. Our attorneys are not only well-versed in day-to-day advisory compliance matters, but are also steeped in the nuances and history of the federal Advisers Act as well as state “Blue Sky” advisory law. Accordingly, Parker MacIntyre is the place to turn for tricky interpretations of esoteric advisory law concepts such as performance advertising, hedge fund and private equity fund management, when “custody” is deemed to exist, the “integration doctrine” and hybrid adviser arrangements. If the issue goes beyond your current compliance consultant’s comfort zone, give us a call. Chances are that it’s one that we work with on a regular basis.
If your RIA, broker-dealer or other financial services firm is under regulatory investigation, we can assist you in responding effectively to the regulatory agencies. We also represent RIAs, broker dealers and other firms and individuals in enforcement matters in court or before administrative tribunals. Visit our Regulatory Exams, Inquiries and other Administrative Matters practice area page for more information