Journal of Investment Compliance: Volume 14 Issue 1

DOJ and the SEC issue much‐anticipated FCPA guidance

Roger Witten, Kimberly Parker, Jay Holtmeier

The purpose of this paper is to explain the joint guidance on the US Foreign Corrupt Practices Act (FCPA or the Act) published on November 14, 2012 by the US Department of Justice…

FINRA Rule 5123 requires filings for certain private placements sold by broker‐dealers

Martin R. Miller

The purpose of the article is to inform the various securities market participants about new Rule 5123 of the Financial Industry Regulatory Authority, Inc. (FINRA), its specifics…

The European Commission adopts AIFMD implementing regulation

Peter McGowan

This article aims to outline in depth the European Commission's adopted implementing rules (the Regulation) for the Directive on Alternative Investment Fund Managers. These new…

SEC institutes administrative proceedings against eight registered fund directors for failure to properly oversee asset valuations

Bibb Strench, Jeffrey Schellenger

The purpose of this paper is to explain the meaning and impact of the US Securities and Exchange Commission's (SEC) December 10, 2012 enforcement action against former mutual fund…

Professionalism and investment advisers

Aegis J. Frumento, Stephanie Korenman

The purpose of this paper is to introduce the concept of professionalism into the current discussion of the proper scope of regulation of investment advisers.

CFTC sets the clock ticking for mandatory clearing of interest rate and credit default swaps

Evan M. Koster, David Cohn, Daniel Meade

The purpose of this paper is to explain the rule recently published by the US Commodity Futures Trading Commission that establishes a timetable for the mandatory clearing of…

CFTC approves final rule requiring recording of oral communications

Kenneth M. Rosenzweig, Kevin M. Foley, Blake J. Brockway

This paper aims to address amendments to the Commodity Futures Trading Commission (CFTC) recordkeeping rules that will require certain market participants to maintain records of…

Exemptions and no‐action relief help funds navigate year‐end CFTC registration requirements

Kerry Burke, Julian Hammar, Lisa Koff, Loretta Shaw‐Lorello, Amanda Weiss, Kristian Wiggert

The alert endeavors to clarify the current state of play regarding the registration requirements for commodity pool operators (CPOs) and to discuss certain exemptions from…

Editor column

Henry A. Davis

2012 Awards for Excellence