SEC to Examine Fiduciary Duty, Conduct Standards, Cybersecurity, and AI in 2025

The U.S. Securities and Exchange Commission’s examinations division released its 2025 examination priorities. Published annually, the priorities inform investors and registrants of potential risks in the U.S. capital markets and make them aware of the examination topics that the division plans to focus on in the new fiscal year. This year’s examinations will prioritize perennial and emerging risk areas, such as fiduciary duty, standards of conduct, cybersecurity, and artificial intelligence.

“The division of examinations 2025 priorities enhance trust in our ever-evolving markets,” said Gary Gensler, chair of the SEC. “In examining for compliance with our time-tested rules, the division plays a critical role in protecting investors and facilitating capital formation. Working with registrants to understand the rules helps ensure that markets work for investors and issuers alike.”

“Our 2025 examination priorities identify the key areas of potentially increased risks and related harm for investors,” said Keith Cassidy, acting director of the examinations division. “We hope that registrants will evaluate their compliance programs in the areas we identified and make the changes necessary to protect investors and maintain fair and orderly capital markets.”

The division examines SEC-registered investment advisers, investment companies, broker-dealers, clearing agencies and self-regulatory organizations, among others, for compliance with federal securities laws. The division prioritizes examinations of the practices, products, and services that were found, through a risk-based assessment, to present a heightened risk to investors or the integrity of the U.S. capital markets.

According to the SEC, the annual publication of the examination priorities furthers its mission and aligns with the division’s four pillars: to promote and improve compliance, prevent fraud, monitor risk, and inform policy.

For fiscal year 2025, in addition to conducting examinations in core areas such as disclosures and governance practices, the division will also examine for compliance with new rules, the use of emerging technologies, and the soundness of controls intended to protect investor information, records, and assets.

The 2025 examination priorities cover a broad landscape of potential risks to investors that firms should consider as they review and strengthen their compliance programs. They are not, however, according to the SEC, an exhaustive list of all the areas the division will focus on in the upcoming year.

The SEC said the scope of any examination includes analysis of other risk factors such as an entity’s history, operations, and products and services.

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