Gensler steps up warnings to money managers

Gensler steps up warnings to money managers
The SEC chairman said using predictive data technologies may create 'inherent conflicts' of interest for investment advisors.
MAR 02, 2023
By  Bloomberg

Gary Gensler is stepping up warnings to asset managers about their use of predictive data analytics and how they work with digital asset firms. 

The head of the Securities and Exchange Commission said Thursday that predictive data technologies may create “inherent conflicts” of interest related to the duty that investment advisers have to their clients. Gensler said that he’d asked the agency’s staff to recommend how to address the issues.

“When an adviser provides advice, in part through the use of predictive data analytics, do those algorithms optimize for the investor’s interests, and place the investor’s interests in front of the adviser’s own interests?” he said in remarks prepared for an SEC event. 

Predictive data analytics can include a range of information drawn from consumers’ or investors’ personal information, devices, habits, and other sources. Financial services companies can use the data to recommend new products, transactions and other services to individuals.

Gensler also repeated his concerns over digital asset firms holding assets for investment firms. 

Under his watch, the agency recently proposed expanding its “qualified custodian” requirements to cover all assets, including virtual currencies. If finalized, the plan could add hurdles to crypto platforms holding digital assets owned by clients of hedge funds and private equity firms.

“Based upon how crypto trading and lending platforms generally operate, investment advisers cannot rely on them today as qualified custodians,” Gensler said Thursday. 

How will Washington respond to the explosion in alternative investments?

Latest News

No succession plan? No worries. Just practice in place
No succession plan? No worries. Just practice in place

While industry statistics pointing to a succession crisis can cause alarm, advisor-owners should be free to consider a middle path between staying solo and catching the surging wave of M&A.

Research highlights growing need for personalized retirement solutions as investors age
Research highlights growing need for personalized retirement solutions as investors age

New joint research by T. Rowe Price, MIT, and Stanford University finds more diverse asset allocations among older participants.

Advisor moves: RIA Farther hails Q2 recruiting record, Raymond James nabs $300M team from Edward Jones
Advisor moves: RIA Farther hails Q2 recruiting record, Raymond James nabs $300M team from Edward Jones

With its asset pipeline bursting past $13 billion, Farther is looking to build more momentum with three new managing directors.

Insured Retirement Institute urges Labor Department to retain annuity safe harbor
Insured Retirement Institute urges Labor Department to retain annuity safe harbor

A Department of Labor proposal to scrap a regulatory provision under ERISA could create uncertainty for fiduciaries, the trade association argues.

LPL Financial sticking to its guns with retaining 90% of Commonwealth's financial advisors
LPL Financial sticking to its guns with retaining 90% of Commonwealth's financial advisors

"We continue to feel confident about our ability to capture 90%," LPL CEO Rich Steinmeier told analysts during the firm's 2nd quarter earnings call.

SPONSORED How advisors can build for high-net-worth complexity

Orion's Tom Wilson on delivering coordinated, high-touch service in a world where returns alone no longer set you apart.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today's choppy market waters, says Myles Lambert, Brighthouse Financial.