Plan to place B-D advisers under Finra scrapped

The House today killed a proposal that would have given the Financial Industry Regulatory Authority Inc. the authority to regulate investment advisers at broker-dealers.
DEC 11, 2009
The investment adviser community breathed a sigh of relief today after the House killed an amendment that would have given the Financial Industry Regulatory Authority Inc. the authority to regulate investment advisers at broker-dealers. The measure that scrapped the amendment was passed by a voice vote. The proposal to put advisers associated with broker-dealers under the regulation of Finra was introduced in October in Financial Services Committee by Alabama Rep. Spencer Bachus, the ranking Republican on the committee as an amendment to the Investor Protection Act, which is being deliberated by the House. But over the past several weeks, investment advisory groups, such as the Financial Planning Association, the Investment Advisers Association and the Certified Financial Planner Board of Standards Inc. have been rallying members to send letters and make phone calls to their representatives opposing the amendment. The measure to strip the amendment from the investor protection bill was introduced by Financial Services Committee chairman Barney Frank, D-Mass., and Rep. Frank Cohen, D-Tenn. Mr. Frank's committee passed the Bachus amendment over his objections. Calls to Mr. Frank's and Mr. Bachus' offices were not immediately returned by press time. “We are very pleased that Congress took this step,” said Neil Simon, vice president for government relations of the Investment Advisers Association, which represents federally registered advisory firms. The fact that Congress killed the amendment shows that it understands the flaws in Mr. Bachus' argument that the Bernard Madoff scandal would have been prevented if Finra had regulatory oversight of advisers, said Barbara Roper, director of investor protection for the Consumer Federation of America. Ms. Roper cautioned that it is premature to celebrate the apparent demise of the amendment. “We never declare a bill dead until the bill is signed into law,” Ms. Roper said. What's more, the full Investor Protection Act does call for a study of the role of self-regulatory organizations — and that could have consequences in the long term, said Dan Barry, director of government relations for the Financial Planning Association. “Finra would like to gain oversight of at least the dual-registered advisers and so we will keep an eye on this,” Mr. Barry said. “We are encouraged that language in this bill directs the [Securities and Exchange Commission] to study and report back to Congress on the potential need for an SRO for investment advisers," said Howard Schloss, executive vice president for corporate communications and government relations at Finra. The Senate Banking Committee is still working on its financial services overhaul bill, which could have implications for regulation over investment advisers. It remains to be seen just how far that version will go, Mr. Simon said. “The fight is not over,” he added. “This was a significant victory but we are going to have to remain vigilant and active.”

Latest News

SEC to lose Hester Peirce, deepening a commissioner crisis
SEC to lose Hester Peirce, deepening a commissioner crisis

The "Crypto Mom" departure would leave the SEC commission with just two members and no Democratic commissioners on the panel.

Florida B-D, RIA owner pitches bold long-term plan to sell to advisors
Florida B-D, RIA owner pitches bold long-term plan to sell to advisors

IFP Securities’ owner, Bill Hamm, has a long-term plan for the firm and its 279 financial advisors.

Fintech bytes: Vanilla, Wealth.com forge new estate planning partnerships
Fintech bytes: Vanilla, Wealth.com forge new estate planning partnerships

Meanwhile, a Osaic and Envestnet ink a new adaptive wealthtech partnership to better support the firm's 10,000-plus advisors, and RIA-focused VastAdvisor unveils native integrations with leading CRMs.

Fiduciary failure: Ex-advisor who sold practice fined after clients lost millions
Fiduciary failure: Ex-advisor who sold practice fined after clients lost millions

A former Alabama investment advisor and ex-Kestra rep has been permanently barred and penalized after clients he promised to protect got caught in a $2.6 million fraud.

Why the evolution of ETFs is changing the due diligence equation
Why the evolution of ETFs is changing the due diligence equation

As more active strategies get packaged into the ETF wrapper, advisors and investors have to look beyond expense ratios as the benchmark for value.

SPONSORED Are hedge funds the missing ingredient?

Wellington explores how multi strategy hedge funds may enhance diversification

SPONSORED Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management