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Keep up-to-date on the progress of important legislative issues and get a roundup of the latest regulatory moves affecting the financial advisory industry. Delivered on the first Tuesday of each month.
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Issue Date: November 3, 2009

Legislative Update

REGULATION: Bill to arm SEC with more investor protection power
A sweeping bill aimed at providing the Securities and Exchange Commission with broader powers to protect investors from violations of securities laws was introduced last month.  

TAXES: Offshore tax evasion targeted
The Foreign Account Tax Compliance Act of 2009 (HR 3933 and S 1934), floated last month, would impose reporting requirements on foreign banks doing business in the United States, as well as on advisers who help American residents make investments overseas.  

REGULATION: Derivatives legislation advances
Two House committees last month voted to advance legislation that would regulate over-the-counter derivatives for the first time.  

HEDGE FUNDS: Committee gives nod to registration
Advisers of hedge funds and other certain private pools would have to register with the SEC under a bill that passed the House Financial Services Committee last week.  

INSURANCE: Information office bill revised
A revised version of a bill that would create a federal insurance office was circulated last month as a discussion draft for lawmakers.  

INDUSTRY: Effort to restrict mandatory arbitration grows
The broad-reaching Investor Protection Act (HR 3817) includes a provision that would allow the SEC to ban or restrict mandatory pre-dispute arbitration in the securities industry.  

REGULATION: Committee OK’s credit-rating-agency bill
Credit-rating agencies would face stricter requirements under a bill that was approved by the House Financial Services Committee last week.  

RETIREMENT: Call sounded for higher IRA contributions
A bill introduced last month would boost contribution limits to certain retirement accounts.  

REGULATION: Measure focusing on consumer protection advances
A bill that would establish the Consumer Financial Protection Agency cleared the House Financial Services Committee last month.  

REGULATION: Committee faces new deadline for advice bill
A new deadline was imposed on the House Ways and Means Committee for consideration of a bill that would limit who can provide investment advice to 401(k) plan participants.  

REGULATION: Senior protection bill heads to subcommittee
A bill that aims to protect older Americans from financial fraud was assigned to a subcommittee last month. HR 3550 ― now in the Crime, Terrorism and Homeland Security Subcommittee ― would increase penalties for securities law violations when they involve older Americans.  

RETIREMENT: Break sought for the unemployed
A bill floated recently joins a handful of other proposals that would waive the 10% penalty on early distributions from retirement plans in certain situations.  

RETIREMENT: Bills call for annuity tax breaks
Tax relief for annuity investors would be provided under pending legislation on Capitol Hill.  

CORPORATE TAX: Bull’s-eye on corporate compensation write-offs
Several pending bills seek to limit corporations’ ability to write off executive compensation as a business expense.  

TAX: Measure calls for caregiver tax break
A bill floated recently would create a tax credit for caregivers of aging relatives.  

INSURANCE: Push made for national licensing group
Insurance agents could be registered by a single national licensing organization under a bill pending in the House.  

TAX: Changes to FSA rules floated
Several pending bills seek to modify the rules applying to flexible spending accounts.  

TAX: Bills seek FSA coverage of long-term care
A handful of pending bills would allow long-term-care insurance to be paid through cafeteria plans and flexible spending accounts.  

INSURANCE: Legislation targets long-term-care policies
Two bills pending in a Senate committee seek to protect consumers from potential abuses in the long-term-care insurance market.  

COLLEGE SAVINGS: Bill calls for changes to Section 529 plans
Families with Section 529 college savings plans would be able to change their investment allocations twice a year under a pending House bill.  

TAX: Companion bills seek mutual fund break
A House bill recently joined an existing Senate measure in seeking to allow mutual fund investors to defer taxation of reinvested capital gains.  

TAX: Changes sought for IRA charitable gifts
Several bills pending on Capitol Hill would extend or expand rules pertaining to tax-free gifts from IRAs to charities.  

SHAREHOLDERS: Say-on-pay awaits committee action
A House-passed bill that would give shareholders more input on executive compensation is awaiting action in the Senate Banking Committee.  

REGULATION: House-passed SEC bill idles in Senate
A proposed bill that would gives the SEC more authority to go after alleged wrongdoers in the securities industry is still waiting to be considered by the Senate Banking Committee.  

 

Regulatory Moves

SEC: Small companies receive another SOX extension
Small public companies have been given another reprieve for complying with certain requirements of the Sarbanes-Oxley Act of 2002.  

SEC: Proposals target dark pools
Regulators last month voted to propose measures intended to increase the transparency of so-called dark pools, which are basically private trading systems operated by securities firms that allow participants to make trades without displaying their quotations to the public.  

SEC: Comments sought for credit-rating agency rules
The SEC last month posted on its website proposed rule changes intended to boost the oversight of credit-rating agencies.  

SEC: Money market interim rule adopted
Comments were due last week on an interim rule affecting money-market funds.  

SEC: Changes to uptick rule mulled
Regulators are considering an alternative approach to restricting short selling.  

SEC: Regulator consider ‘pay-to-play' rule
The SEC has proposed a rule proposal intended to curtail so-called pay-to-play practices.  

SEC: Muni disclosure changes considered
Regulators are considering a proposal that would expand issuer disclosure in the municipal-securities market.  

 

Worth Watching

SEC: Strategic plan unveiled, input sought
The SEC last month published for public comment its draft strategic plan, which outlines the agency's strategic goals for fiscal years 2010 through 2015.  

REGULATORS: SEC, CFTC focus on bring regs into line
The SEC and the Commodity Futures Trading Commission last month issued a joint report that identifies differing regulatory structures between the agencies and recommends actions to address them.  

SAVINGS: Treasury suggests changes to 529 plans
The Treasury Department included recommended changes to Section 529 college savings plans in a report it issued last month.  

Keep up with important legislative news by signing-up for the Regulatory Alert, the monthly newsletter from InvestmentNews.


Please feel free to send comments about this monthly electronic newsletter. Send information to Jim Pavia, InvestmentNews editor.



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