Prominent Financial and Regulatory Counselors

Compliance & Regulation

Broker-dealers, RIAs, CTAs, futures introducing brokers, FCMs, CPOs, proprietary trading firms, electronic traders, market makers, and other financial firms exist in a complex and heavily regulated industry. To avoid regulatory pitfalls, these firms must maintain a culture of compliance, starting with filings and internal documents at formation, and continuing through review of marketing materials, approval of client communications, registration of additional traders, advisers, or personnel, ongoing oversight of operations, required annual filings, and amendments to respond to the evolving industry regulations. Regulators have little tolerance for a firm that has failed to keep pace with regulatory changes or failed to update its own compliance documentation to reflect internal changes to the firm’s technology or operational business.

Lawrence Kamin’s regulatory team provides sophisticated and customized regulatory and compliance counsel which is protected by the attorney-client privilege. We have decades of experience shepherding a broad cross-section of the financial service community through the complex regulatory formation and registration process. We regularly design internal systems and internal controls, prepare tailored procedures, codes of ethics, insider trading policies, business continuity plans, privacy notices and procedures, client agreements, proprietary trading agreements, and other documents necessary to help our clients form, register, and operate registered investment advisers, broker-dealers, futures commission merchants, commodity trading advisers, proprietary trading firms, and other registrants, including private equity and hedge fund advisers.

Our representation starts with a legal and compliance consultation so that we can understand how the client’s business actually operates and how the firm’s compliance program and written procedures need to be customized to fit the client’s unique operations. Whether a client is setting up a compliance program for the first time or revising an existing program, we can customize the client’s compliance system so that it aligns with the client’s actual business goals.

The broad experience Lawrence Kamin attorneys possess enables our team to design and implement compliance systems and internal controls that satisfy regulators without unnecessarily complicating the life of the firm’s CCO and CEO. Because compliance procedures only work if the client implements them, we work with our clients to make sure they understand the program, how it fits into the client’s technology and other platforms, and the process for following the program to be in compliance.

To ensure our clients can proactively adjust their procedures as expectations change, our attorneys participate in the organizations that monitor and inform the evolution of the regulatory environment and keep an open line of communication with regulators themselves.

With the Imminent Rollout of the New AML Rules, Compliance Training is Key
Equity Indexed and Variable Annuities: What are the Limitations of a State Securities Regulator’s Authority Over Their Sales Practices? (The ABA Blue Sky Bugle Newsletter, March 2018)
SEC Amends Financial Responsibility Rules, Customer Asset Protection, the Early Notification Rule and the Books & Records Rules for Broker-Dealers
Outside Business Activity*, Practical Compliance and Risk Management for the Securities Industry
When Does A Broker-Dealer Become an Investment Adviser?
Clearing Arrangement for Introducing Broker-Dealers, Chapter 17A, Broker-Dealer Regulation
Registration and Compliance Issues Facing Foreign Broker Dealers
Outside Business Activity (Part 3 of 3)
Outside Business Activity (Part 2 of 3)
Outside Business Activity (Part 1 of 3)
National Society of Compliance Professionals: Outside Business Activity
Thoughtful Analysis – Key to Successful Compliance a Primer for New Compliance Officers
Uniform Definition of Branch Office Explained and Clarified in New FINRA and NYSE Releases
Critical Elements of an Effective Supervisory Structure, Securities & Commodities Regulation
Key Points for Introducing Broker-Dealers to Understand in Connection With Clearing Arrangements, NRS Fall Compliance Conference – NSCP Currents, May/June 2005
Impact on Broker-Dealers From the New SEC Rule Narrowing the Exemption for Broker-Dealers From the Investment Advisers Act, NSCP Currents, May/June 2005
Broker-Dealer Supervision of Branch and Remote Offices
A Trap for the Unwary Attorney SEC Rule 13b2-2: Improper Influence on Conduct of Audits, American Bar Association, Section of Litigation, Securities Litigation Committee, Securities Litigation, Vol. 15, No. 1, Fall 2004
Amendments to SEC Custody Rule 206(4)-2 Will Affect All Investment Advisers, NSCP Currents, Nov/Dec. 2003
Broker-Dealer Supervision and Surveillance, eMind, Oct. 2003
Personal Trading Policies and Procedures Including Insider Trading Rules, National Society of Compliance Professionals – National Membership Meeting, Fall 2003
Research Analyst Conflicts, National Society of Compliance Professionals – 2003 Midwest Regional Meeting
Broker-Dealer Compliance I, Futures Industry Association – Law & Compliance Division 25th Annual Workshop
Post-Enron Corporate Responsibility and Related Reforms: Part I – Outline of Sarbanes-Oxley Act of 2002: Impact on Broker-Dealers and Investment Advisors; Part II – Outline Guide to the Sarbanes-Oxley Act of 2002, National Regulatory Services Spring Compliance/Risk Management Conference
SEC Proposed Rule 13b2-2: Improper Influence on Conduct on Audits, American Bar Association Regulation of Futures and Derivatives Instruments Committee Meeting
Conflicts Regarding Research Recommendations, National Regulatory Services Fall Compliance Conference Sept. 2002
The Sarbanes-Oxley Act of 2002 Impact on Broker-Dealers, NSCP Currents
A Pool Too Big for a FCM or a Broker-Dealer, Futures & Derivatives Law Report, Vol. 22, No. 5
Anti-Money Laundering Provisions for Broker-Dealers, The Review of Securities and Commodities Regulation, Vol. 35, No. 11
Supervision of Branch Offices, OSJ’s and Offsite Brokers and Independent Contractors, National Regulatory Services Branch Office Compliance Practice Conference
Securities Sites and Online Trading Become Regulatory Priorities, Journal of Taxation of Investments
Regulation of Electronic Communication, Execution and Delivery of Documents to Customers of Broker-Dealers, NSCP Currents
Regulation of Electronic Communication, Execution and Delivery of Documents to Customers of FCM/Bds, American Bar Association Annual Meeting, International Law Section Panel on Securities Transactions and Securities Markets in the Age of Cyberspace
When is an FCM, CTA or Pool a Securities Broker-Dealer, an Investment Adviser or an Investment Company Under the Securities Laws?, Futures & Derivatives Law Report
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