Here's what you should know.
SEC Raises "Qualified Client" Thresholds
On July 12, 2011, the Securities and Exchange Commission issued an order raising the financial thresholds under Rule 205-3 under the Investment Advisers Act of 1940, which permits registered investment advisers to charge certain clients a performance…
SEC Extends Deadlines for Compliance with New Investment Adviser Registration Regime under Dodd-Frank
As we detailed in a previous Tonkon Tip, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank") makes significant changes to the current investment adviser regulatory regime.
New ERISA Participant-Directed Plan Disclosure Rules
A discussion of the new Department of Labor rules, enumerating the plan and investment-related information that employers must furnish to participants.
BlackBerry Use and Overtime Laws: the Lawsuits Have Started
Thinking about giving a BlackBerry or an iPhone to your employees? Think again. As the lines between business hours and private lives become blurred by always-there-technology, employers are facing new challenges in administering wage and hour laws…
Get Ready Now to Comply with ERISA Service Provider Fee Disclosure Rules
On January 1, 2012, new rules go into effect that will require investment advisers, brokers and others who provide services to ERISA plans to disclose to plan fiduciaries information relating to the service provider's compensation. This disclosure is…
SEC Extends Deadline for Brochure Supplements for Certain RIAs
As discussed in a previous Tonkon Tip, the SEC recently amended the requirements of Form ADV Part 2 to require registered investment advisers to provide clients with a "brochure" under Part 2A of Form ADV and "brochure supplements" under Part 2B of…
Oregon State Taxation of Nonqualified Deferred Compensation Plan Benefits
Hypothetical: Oregon executive will begin to receive payments from a nonqualified deferred compensation plan upon retirement. He plans to move to Washington state following retirement. Will the payments be subject to Oregon income tax?
DOL Proposes Broader Definition of ERISA "Fiduciary" Applicable to Investment Advisers
On October 22, 2010, the Department of Labor ("DOL") published proposed regulations that would broaden the definition of when a person is an ERISA "fiduciary" by reason of giving investment advice to an employee benefit plan or a plan's participants…
Tonkon Torp water law expert to address Portland City Club
Janet Neuman, senior counsel on water law at Tonkon Torp, will speak at the Portland City Club on Friday, December 3 at 12:15 p.m. on "The Politics of Water."
SEC Amends Part 2 of Form ADV to Create New Disclosure Regime for RIAs
The SEC recently amended the requirements for the principal disclosure document that SEC-registered advisers provide to their clients and prospective clients. Under the previous Form ADV Part II, advisers were required to respond to a series of…
Dodd-Frank to Change Investment Adviser Registration Requirements
Are you an investment adviser currently registered with the Securities and Exchange Commission ("SEC")? If so, you may have to de-register with the SEC and register instead with one or more states, as required by the recently passed Dodd-Frank Wall…
Diversity Lottery 2012 Opens; H-1B Cap Update
The U.S. Department of State opened entries for the Diversity Lottery 2012 (DV-2012) beginning October 5, 2010 at noon EDT, and ending November 3, 2010, at noon EDT. Please note that this is a shorter entry period than in previous years.
Changes to "Accredited Investor" and "Qualified Client" Standards Under Dodd-Frank Act
On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act"), which brings into place a broad range of financial regulatory reforms. Title IV of the Dodd-Frank Act, titled…
SEC Provides Custody Rule Relief to Investment Advisers Serving as Co-Trustees
Earlier this year, the SEC amended its custody rule, Rule 206(4)-2, to impose new requirements on investment advisers deemed to have "custody" of client assets. As discussed in a previous Tonkon Tip, an adviser is deemed to have custody if the…