Reg BI to Be 2025 SEC Exam Priority

News April 03, 2024 at 09:19 AM
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The Securities and Exchange Commission will continue in 2025 to prioritize compliance with Regulation Best Interest in exams — with likely areas of focus to be on complex or illiquid products, according to Rina Hussain, associate director of the SEC's broker-dealer exam program.

Speaking on a panel at the Practising Law Institute's SEC Speaks conference in Washington Tuesday, Hussain said that Reg BI will continue to be a priority "especially since we're focused on retail investors — that will go hand in hand with that."

It's been four years since Reg BI took effect, Hussain added. "I think we're still wanting to continue to evaluate how firms are doing in this [Reg BI] space and how they're developing their compliance programs."

Now, she explained, "we'll move to more complex or illiquid products — products that may not be in the best interest of customers."

Risk Alerts, Exam Priorities

Richard Best, director of the Division of Examinations, stated at the event that the agency has increased its issuance of risk alerts and "adjusted the timing" of releasing the agency's priorities.

Vanessa Horton, co-national associate director of the investment advisor exam program, noted on the panel that the next six months will continue to be "extremely busy" for the exam division.

It's a critical time in the exam program, "we're examining the data and observations from 2023 and 2024," which includes cyber, marketing, valuations, derivatives, among many others, Horton explained.

The Risk Alerts "not only help you but they help us," she said. "It was a real sea change for the exam program with the marketing rule."

The exam division is also working on its priorities for 2025, according to Horton, as the SEC's fiscal year end is in September. The agency has "accelerated" the release of its priorities, Keith Cassidy, deputy director of the exam division's technology controls program, said on the panel.

"We have every intention" of publishing the 2025 exam priorities early this year, Horton added.

The SEC released on March 27 a Risk Alert on the upcoming transition on May 28 to T+1, the shortening of the securities transaction settlement cycle for most broker-dealers from two business days after the trade date to one.

(Credit: Bloomberg)

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