Journal of Investment Compliance: Volume 5 Issue 2
Table of contents
Investment Company Governance
Jay G. Baris, Arielle WarshallIn the wake of the mutual fund scandals involving market timing and late‐day trading, the Securities and Exchange Commission recently issued new investment company governance…
Investment company director responsibilities in the wake of recent regulatory action
Robert W. Helm, Megan C JohnsonIn the wake of the market timing, late trading, and conflict‐of‐interest‐related scandals in the investment company industry, the Securities and Exchange Commission (SEC) recently…
SEC proposes rules requiring offshore advisers of offshore hedge funds to register under the advisers act
David A. Goldstein, Bryan KellyOn July 20, 2004, the Securities and Exchange Commission (SEC) published for comment proposed rules under the Investment Advisers Act of 1940 (the Act), which would require many…
Principles of global fund governance
C. Meyrick PayneMutual funds, along with other open‐ended instruments such as investment companies, investment trusts, and unit trusts, fall into the category of collective investment schemes…
The great soft dollar debate
David G. Tittsworth, Geoffrey I. EdelsteinThe Securities and Exchange Commission (SEC) has defined “soft dollar” practices as arrangements under which products or services, other than execution of securities transactions…
A regulatory analysis of cross trading and order aggregation
Jennifer ZordaniTwo potentially troublesome, but commonly accepted, trading practices that are addressed in comprehensive compliance programs are cross trading and order aggregation. Cross…
To buy, or not to buy: When it makes sense to Utilize the fund administrator as CCO
Lisa HurleyCompliance with SEC Rule 38a‐1 and the requirement for a fund to have a chief compliance officer (CCO) requires fund companies to take an in‐depth look at how their organizations…
Business continuity plans: An overview
Joan L. LavellThis article discusses the need for business continuity plans and includes a broad overview of the requirements imposed on broker‐dealers. A section discusses “top 10” questions…
Preparing to comply with the SEC’s new rules governing offerings of asset‐backed securities
Edward E. GainorThe SEC has proposed rules governing offerings of asset‐backed securities (ABS) that will impose extensive new requirements for disclosure and periodic reporting, including…
The securities law implications of pooled income fund sales: Who is taking grandma’s money and why are they wearing suspenders?
Robert N SobolA pooled income fund (PIF) is one of the methods created under the 1969 Tax Reform Act whereby a taxpayer may make a tax‐deductible remainder gift to a charitable organization…
Riggs order articulates bank secrecy act compliance requirements
Paul S Pilecki, Michael A. MancusiRiggs Bank N.A. of Washington, DC entered into a consent order with the Office of the Comptroller of the Currency in July 2003, received a cease and desist order from the Federal…
An inside look at audit committees
Deborah Hicks MidanekWhat makes an audit committee effective, especially when corporations must navigate their way through difficult times? Audit committee members must be financially literate and…
How boards head off problems in their organizations
Jim PetersFollowing the recent scandals that erupted at the end of the economic bubble, the Sarbanes‐Oxley Act was passed as a regulatory “cure.” However, regulation is only part of the…
Responsibilities of principal executive officers under the Sarbanes‐Oxley Act of 2002: A compliance checklist
David C. FischerThe Sarbanes‐Oxley Act outlawed some of the worst practices of the failed companies, and imposed significant changes in accounting and auditing rules, as well as oversight of…
Enhancing the value of fairness opinions: Limiting risk in the post‐enron era
Pamela M. O’NeillThe NASD and the SEC are looking into methods, fees, conflicts of interest, and other issues related to fairness opinions. The fairness opinion process as currently practiced is…
Current trends in D&O Insurance
RepresentativesDirectors and officers are facing a continuing crisis in D&O liability insurance, and many may lack the coverage they thought they had to protect their personal assets. The…
Preventing, deterring, and detecting fraud: What works and what doesn’t
Toby J.F. BishopA major change is taking place in the strategy for fighting fraud. The emphasis is shifting from 20% prevention/deterrence and 80% detection/investigation to the opposite ratio…
Early detection checklist: Searching for the signs of fraud at work
Alice ConwayAny transaction or explanation that does not make sense, any failure to follow policy, or any obvious conflicts of interest between investigator and investigated may be a…
Preventing computer fraud means outwitting a horde of hackers, crackers, spoofers, and sniffers
Greg HannaHackers and crackers are constantly surfing the Web looking for vulnerable systems. But the most dangerous hackers are the enemies within. The amount that a company should invest…
Slicing the salami: small‐dollar recurring fraud
David ZweighaftWhile the major “eye‐popping,” headline‐grabbing financial statement frauds have captured the attention of the investing public in recent years, little heed has been given to the…
What to do when the government calls
Steven KimelmanThere never has been a higher probability that your business will become directly or indirectly involved in a government fraud investigation. With the right advice, it need not…
When hindsight is 20/20: Five key questions to ask at the start of an internal investigation
Dennis Codon, Sari K.M. Laitinen, Karin L. Vaccaro, B Todd JonesIncreasingly, allegations of significant corporate wrongdoing and inquiries from governmental agencies result in companies initiating internal investigations as a practical tool…
ISSN:
1528-5812Online date, start – end:
2000 – 2021Copyright Holder:
Emerald Publishing LimitedEditor:
- Henry A. Davis