WASHINGTON, Jan 20 (Reuters) - U.S. securities regulators
have laid out three possible ways to enhance oversight of
investment advisers, saying they don't have the resources to
conduct effective examinations.
The Securities and Exchange Commission made the
recommendations in a report to Congress late on Wednesday. The
report was required under the Dodd-Frank financial law.
Unlike brokers, investment advisers that manage large
amounts of assets are only subject to SEC oversight and don't
have a self-regulatory group.
But of the failure of the SEC to detect Bernard Madoff's
Ponzi scheme reignited a debate in recent years over whether
Congress should take steps to subject investment advisers to
more rigorous and frequent examinations.
The SEC's study said Congress can consider imposing user
fees on the industry to help the agency enhance its oversight.
Alternatively, Congress can designate a self-regulatory
group for advisers or it also could authorize the Financial
Industry Regulatory Authority to examine advisers who also are
registered broker-dealers.
FINRA is the self-regulatory group for brokers and it has
advocated for a self-regulatory regime for advisers.
The investment adviser industry, however, has generally
opposed a move toward self-regulation, saying they prefer SEC
oversight. Advisers have been particularly opposed to oversight
by FINRA.
The SEC has struggled over the years to keep pace with the
growth in the investment adviser industry, especially as the
agency has grappled with a decline in staffing.
According to the study, the SEC's number of examinations for
registered advisers between 2004 and 2010 decreased by 29.8
percent, from 1,543 examinations in 2004 to 1,083 examinations
in 2010.
The Dodd-Frank law is expected to alleviate some of the
burden on the SEC in the near-term because it shifts additional
responsibility for some of the examinations to state
regulators.
However, the SEC said it expected the decrease to be
short-lived thanks to other provisions in the Dodd-Frank law
requiring advisers to many hedge funds and private equity funds
to register with federal regulators.
The SEC has asked Congress for a large increase in its
budget to help it implement its new authorities under
Dodd-Frank.
But Congress has remained at an impasse on budget talks, and
the newly-controlled Republican House may seek to withhold
additional funding amid concerns about key provisions in the
Dodd-Frank law.
One way to get around the Congressional appropriations
process is by imposing user fees on the industry to help fund
more SEC examinations, the study said.
The study also suggested that user-fees may be a less
expensive option than establishing a new self-regulatory
organization, although it acknowledges that "staff has not
evaluated the potential start-up or operational costs of an
SRO."
The report doesn't explicitly take a view on which option is
best, but SEC Commissioner Elisse Walter issued a lengthy
statement saying she felt the report lacked balance and failed
to address many of the benefits of self-regulation.
(Reporting by Sarah N. Lynch)