The SEC Division of Examinations’ 2025 Exam Priorities: A Closer Look

On November 4, 2024, the U.S. Securities and Exchange Commission’s Division of Examinations unveiled its examination priorities for the fiscal year 2025, which began on October 1, 2024. This announcement, covered in detail by Mayer Brown, outlines the areas of focus that the Division will emphasize throughout the year.

Key Areas of Focus The 2025 priorities highlight several critical areas, including the use of artificial intelligence (AI) and emerging technologies. The Division aims to scrutinize how these technologies, including digital engagement practices, are integrated into financial services. This scrutiny will extend to the use of trading algorithms and platforms, ensuring that firms have adequate policies to monitor and manage these technologies effectively.

Another significant area is cybersecurity. With increasing threats to digital infrastructure, the Division will assess registrants’ cybersecurity policies, focusing on data protection, incident response, and the management of third-party risks. This aligns with the ongoing emphasis on cybersecurity by regulatory bodies such as the Financial Industry Regulatory Authority (FINRA), as detailed in their Cybersecurity Advisory.

Complex Products and Regulation Best Interest (Reg BI) The Division will continue to focus on complex financial products, ensuring that recommendations align with retail customers’ best interests. This includes examining disclosures related to conflicts of interest and assessing the effectiveness of firms’ conflict mitigation strategies.

The emphasis on Reg BI is particularly notable, given the SEC’s recent enforcement actions in this area. The Division will scrutinize broker-dealer practices to ensure compliance with Reg BI, especially concerning complex, illiquid, or high-risk products.

Emerging Technologies and AI The Division’s focus on AI and emerging technologies reflects the SEC’s broader regulatory agenda. The SEC’s proposal on predictive data analytics underscores the importance of managing conflicts of interest associated with these technologies. The Division will examine whether firms’ use of AI aligns with their public representations and regulatory obligations.

Conclusion As the SEC Division of Examinations embarks on its 2025 priorities, firms are encouraged to review and enhance their compliance frameworks. This proactive approach will help them navigate the evolving regulatory landscape effectively. For more detailed insights, refer to the original Mayer Brown article.