With advisory clients entrusting their financial wellbeing to investment advisers and their
representatives, playing by the rules takes a pivotal role in the investment advisory industry. Among the
various learning methods, case studies offer one of the best ways to simulate a hands-on experience.
Our case studies, all based upon true SEC and state actions (names and other details have been
modified for protection), will give you a more realistic opportunity to learn from the mistakes of others.
In this continuing education session, learners will review 2 Nerd’s Eye View blog articles: Private Fund Due Diligence: A Checklist For Reviewing Governing Documents And Operational Controls [LINK TBD], and Medicaid Planning Trade-Offs: The Ethical Challenges In Balancing Asset Preservation And Care Needs [LINK TBD]. In the first article, Rich Chen, founder of Brightstar Law Group, examines how Registered Investment Advisers (RIAs) can meet their fiduciary obligations when recommending private fund investments, detailing the legal review of governing documents — including conflicts of interest, layered liquidity restrictions, side letters, expense allocation authority, and indemnification provisions — as well as operational due diligence covering segregation of duties, valuation practices, cybersecurity, and the independence of third-party service providers. In the second article, David Haughton, VP of Estate Planning at Carson Group, explores how Medicaid planning can lawfully preserve assets while creating difficult ethical trade-offs among care quality and flexibility, spousal security, inheritance goals, and access to a needs-based public benefit, and outlines how advicers can look beyond technical eligibility rules to identify whose interests a recommendation serves and document the client’s priorities and trade-offs. Together, the articles help advicers strengthen the ethical and fiduciary rigor of their recommendations, whether reviewing a private fund sponsor’s governing documents or navigating the competing interests at stake in Medicaid planning.
This course provides the insurance producer with an extensive review of the insurance industry. It delves into a discussion on IRAs, annuities, followed by a broad assessment of insurance products, and including case studies, of the ethical and fiduciary responsibilities of an insurance producer.
The course will examine the importance of maintaining ethical policies and procedures when clients are faced with making decisions during times of market uncertainty. A description is provided of the different types of market volatility and how investors typically react. Some of the most effective methods that can be used to manage client concerns will be covered. Case studies will be provided throughout to provide real-world examples of the various issues and how they should be handled.
In today's increasingly complex regulatory and technological landscape, business continuity and succession planning have become essential components of an investment adviser's fiduciary responsibility. These two documents serve as operational guardrails, protecting both clients and advisory firms from disruption, client uncertainty, and reputational harm. This self-study guide was developed to equip financial professionals with a comprehensive understanding of the ethical, regulatory, and practical considerations involved in developing and maintaining effective business continuity and succession strategies.
This course provides a foundational framework for understanding how ethical decision-makingoccurs in a business context. The course covers how ethical standards are established, as well as the importance of observing them. The investment adviser representative is encouraged toevaluate how the norms within a workplace can have a positive or negative impact on the ethicalbehavior of individuals. Theories of ethics are discussed, including the history, advantages,and limitations of each, with examples to illustrate the implications of different approaches toethics. Through discussion and examples, the representative is encouraged to take a balancedand thoughtful approach to understanding ethical decision-making. The course distinguishesbetween actions that are obligatory, permissible, and impermissible. The course discusses theinvestment adviser representative's obligation to take the client's values into account whenmaking investment recommendations. Examples of ethical decision-making are presented thatrequire the IAR to either determine the best course of action or understand the thought processbehind a particular ethical decision.
Ethics in the securities industry is guided by specific rules and common law decisions. FINRA’s monthly disciplinary actions provide an industry overview. In early 2023, the SEC proposed amendments to strengthen its ethics compliance program, reflecting the industry’s focus on ethical practices to build investor trust. This course examines the ethical duties of registered individuals and reviews instances of fraud, forgery, and other ethical failings.
This course examines the previous regulatory approach to investment adviser advertising and thenanalyzes the purpose of the new SEC Marketing Rule. The important terms used in the new rule willbe defined and explained to ensure understanding of the application of the rule. The rule's numerousexceptions and prohibitions will be explained so that readers understand how advisers must analyzethe particular facts and circumstances of each advertisement for compliance. Since the rule nowpermits advisers to use testimonials and endorsements as well as third-party ratings, the course willcover the specific conditions and requirements for their use/inclusion. Finally, the requirements for including performance advertising are examined.