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News & Insights

SEC proposes new Custody Rule

by Victoria Smith|2 March 2023|Our Thinking

The SEC has recently proposed changes to its Custody Rule that if adopted will substantially expand and reform the existing rules governing custody of client assets. The scope of assets covered by the new Rule will be changed from limited “securities and funds” to any “positions held in a client account”. It also enhances client […]

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Quality of Advice Review: Key takeaways and implications

by Victoria Smith|27 February 2023|Our Thinking

background On 8 February 2023, the Australian Government released Michelle Levy’s Quality of Advice Review Final Report (“the Report”), which assesses the “accessibility and affordability of quality financial advice” available to Australians. The comprehensive Report was commissioned by the former government in response to the 2017 Royal Commission into Misconduct in the Banking, Superannuation and […]

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APRA priorities for 2023

by Victoria Smith|27 February 2023|Our Thinking

The Australian Prudential Regulation Authority (“APRA”) has recently announced its key focus supervision and policy areas for 2023. APRA’s prudential policies and supervision activities support its purpose to ensure the financial interests of Australians are protected and the financial system is stable, competitive, and efficient. APRA aims to identify and respond to significant risks to […]

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SEC Marketing Rule – impacts on your business

by Victoria Smith|20 February 2023|Our Thinking

Are you an investment advisor affected by the new Securities and Exchange Commission marketing rules? Firms will need to ensure they are compliant with the new Marketing Rule by making updates to their marketing materials, contracts and policies and procedures. At Cleveland & Co, we’ve been preparing to assist our clients with these changes and […]

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ASIC enforcement priorities: greenwashing, fund product design and distribution

by Victoria Smith|19 February 2023|Our Thinking

summary The Australian Securities and Investments Commission (“ASIC”) outlined its enforcement priorities on 3 November 2021 and has increased its surveillance and enforcement focus on fund managers, superannuation trustees and responsible entities more recently, amongst its other priorities, on greenwashing and product design, and distribution obligations… next steps for firms Financial firms should review and […]

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US SEC takes action over Gemini Earn crypto asset lending program

by Victoria Smith|16 February 2023|Our Thinking

summary On 12 January 2023, the U.S. Securities and Exchange Commission (“SEC”) announced that it has charged Genesis Global Capital, LLC (“Genesis”) and Gemini Trust Company, LLC (“Gemini”) over unregistered offer and sale of securities to retail investors through Gemini Earn crypto asset lending program. The SEC’s investigation into the program revealed that… next steps […]

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FCA proposals to improve access to financial advice on investing into mainstream products

by Victoria Smith|15 February 2023|Our Thinking

background On 30 November 2022, the Financial Conduct Authority (“FCA”) published a Consultation Paper (the “Consultation Paper”) CP22/24 on proposals to broaden access to financial advice for mainstream products. These proposals are part of the FCA’s wider effort to make it easier for consumers to access financial advice and to ensure that the advice they […]

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UK: FCA’s SDR: Firms and products in scope of the proposals

by Victoria Smith|9 February 2023|Our Thinking

The UK’s Financial Conduct Authority’s (“FCA“) recently published a Consultation Paper on the Sustainability Disclosure Requirements (“SDR”) and investment labels, aims to tackle greenwashing as part of the growing need for sustainability-related investments. The aim of SDR is to mitigate against firms making exaggerated and/or misleading claims about the level of sustainability of their products/services… […]

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UK: Modern Law Awards – Leela Fair nominated for Lawyer of the Year

by Victoria Smith|6 February 2023|Awards

We are delighted to announce that Leela, Fair Managing Director EMEA, has been nominated for Lawyer of the Year at the forthcoming Modern Law Awards. The Modern Law Awards aim to identify and celebrate the very greatest talent and success stories in the UK legal sector. Leela is a well-respected and trusted leader of our […]

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