ARTICLE
22 February 2023

US SEC Announces 2023 Exam Priorities

MB
Mayer Brown

Contributor

Mayer Brown is a distinctively global law firm, uniquely positioned to advise the world’s leading companies and financial institutions on their most complex deals and disputes. We have deep experience in high-stakes litigation and complex transactions across industry sectors, including our signature strength, the global financial services industry.
On February 7, 2023, the Division of Examinations of the US Securities and Exchange Commission (the "Division" and the "SEC," respectively) announced its examination priorities for 2023.
United States Corporate/Commercial Law
To print this article, all you need is to be registered or login on Mondaq.com.

On February 7, 2023, the Division of Examinations of the US Securities and Exchange Commission (the "Division" and the "SEC," respectively) announced its examination priorities for 2023. This year, the Division identified new and significant focus areas including: (i) recently adopted rules under the Investment Advisers Act of 1940 and Investment Company Act of 1940; (ii) registered investment advisers to private funds; (iii) Regulation Best Interest ("Reg BI") and fiduciary duty; and (iv) Environmental, Social and Governance ("ESG") investing.

Many of the areas highlighted by the Division align with industry expectations based on the guidance provided by the SEC in the recent years. Over the past two years, the Division has published 16 risk alerts sharing insights and observations from examinations on various key topics such as digital assets, amended Rule 206(4)-1 under the Advisers Act (the "Marketing Rule") and Reg BI. The Division's focus on the Marketing Rule initiative, in particular, is not surprising given that it is a major change for advisers in the advertising and communications space and is widely considered one of the most significant changes for investment advisers in recent times. In addition, the regulatory regime for Reg BI has matured, and broker-dealers should expect enhanced examinations.

Read the complete Legal Update.

Visit us at mayerbrown.com

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe - Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2020. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

ARTICLE
22 February 2023

US SEC Announces 2023 Exam Priorities

United States Corporate/Commercial Law

Contributor

Mayer Brown is a distinctively global law firm, uniquely positioned to advise the world’s leading companies and financial institutions on their most complex deals and disputes. We have deep experience in high-stakes litigation and complex transactions across industry sectors, including our signature strength, the global financial services industry.
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More