On October 21, 2024, the Division of Examinations of the Securities and Exchange Commission (SEC) released its much-anticipated 2025 examination priorities. This announcement serves as a crucial guide for registered investment advisers, investment companies, and broker-dealers, highlighting areas under scrutiny for the upcoming year. Despite the potential for shifts in focus due to a changing presidential administration, many core enforcement areas are expected to remain consistent.

Key areas of focus include conflicts of interest disclosures, compliance with Regulation Best Interest (Reg BI), cybersecurity, and the growing impact of artificial intelligence and crypto assets. The Division’s emphasis on these areas signals its commitment to maintaining rigorous standards in the financial sector.

Investment Advisers

The Division maintains its tradition of prioritizing examinations for investment advisers who have never been examined, newly-registered advisers, and those not recently reviewed. The focus for 2025 will be on fiduciary standards, compliance programs, and private fund advisers.

Fiduciary Duties

Investment advisers must adhere to fiduciary standards of conduct, acting in the best interests of their clients. The Division will pay close attention to advice on high-cost products, unconventional instruments, and assets sensitive to market changes, such as commercial real estate.

Compliance Programs

Compliance with Rule 206(4)-7 under the Investment Advisers Act of 1940 remains a priority. This includes adopting and implementing compliance policies, designating a chief compliance officer, and conducting annual reviews. The Division will evaluate core compliance areas, including marketing, valuation, and portfolio management.

Broker-Dealers

The SEC has previously taken action against broker-dealers for Reg BI violations and Form CRS obligations. In 2025, these remain top priorities, along with financial responsibility and trading-related practices.

Regulation Best Interest

Broker-dealers must ensure recommendations are in the best interests of their clients. The Division will assess conflict of interest disclosures and practices for identifying, mitigating, and eliminating conflicts.

Form CRS

Broker-dealers are required to provide Form CRS to all retail investors. The Division will review the content of these relationship summaries for accuracy and completeness.

Risk Areas

Cybersecurity, compliance with recent regulatory amendments, financial technologies, and crypto assets are highlighted as presenting the highest risks to investors and markets.

Cybersecurity

The Division will focus on registrant practices to prevent service interruptions and protect investor information, emphasizing policies, governance, and incident response.

Financial Technologies

With the rise of AI, the 2025 priorities emphasize the use of automated investment tools and digital engagement practices. The Division will assess how AI is implemented and monitored.

For more detailed insights, you can refer to the original article by Eric Mikkelson and Carissa Occhipinto at Stinson LLP.

More Articles

Getting licensed or staying ahead in your career can be a journey—but it doesn’t have to be overwhelming. Grab your favorite coffee or tea, take a moment to relax, and browse through our articles. Whether you’re just starting out or renewing your expertise, we’ve got tips, insights, and advice to keep you moving forward. Here’s to your success—one sip and one step at a time!

Remote Working’s Transformative Impact on India’s Real Estate

"Remote work has redefined what homebuyers seek in a property. The demand for larger living spaces has surged as individuals prioritize homes that can accommodate both living and working activities."

Navigating the Commercial Real Estate Terrain in 2025: Challenges and Renewed Opportunities

Extreme weather events are expected to become more common, affecting real-estate asset values through higher insurance premiums and disruption costs. Despite this, the risk is not yet adequately priced into transaction yields.

Generative AI: A New Era for Commercial Real Estate

Generative AI (GenAI) is emerging as a transformative force, poised to revolutionize real estate operations by automating and optimizing functions such as property operations and asset management with unprecedented insights and efficiency gains.

Almal Real Estate Expands into Commercial and Global Markets

Almal Real Estate, known for its innovative approaches in the real estate sector, is now setting its sights on international markets, including the UAE, Bali, and Thailand. This expansion is part of a broader strategy to diversify its portfolio and tap into the lucrative commercial real estate sector.

Transformative Trends in Commercial Real Estate for 2025

The commercial real estate sector is poised for significant transformation as we move into 2025. This evolution is driven by a confluence of economic shifts, demographic changes, and technological advancements, creating both challenges and opportunities for stakeholders in the industry.

Real Estate Sector Gains Momentum with Budget 2025

The introduction of a national guidance framework for Global Capability Centres (GCCs) is set to bolster the sector significantly, particularly in tier-II and tier-III cities.