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

Fed's Bowman pushes for lighter-touch AI oversight at smaller firms
Fed's Bowman pushes for lighter-touch AI oversight at smaller firms

Supervision vice chair speaks following recent launch of AI adoption practices by regulators.

Why fixed income still belongs in your clients' portfolios
Why fixed income still belongs in your clients' portfolios

In an era of AI euphoria and market FOMO, getting back to basics with fixed income may be the most contrarian and most important move advisors can make.

Voya expands advisor managed accounts to add private market assets
Voya expands advisor managed accounts to add private market assets

Voya Financial adds private equity, credit and real estate options to its AMA program, building on support for looser federal investment rules in retirement accounts.

With executives leaving, Osaic’s Reid now in the spotlight
With executives leaving, Osaic’s Reid now in the spotlight

Shannon Reid, president of Osaic and the network’s number two executive, has plenty of challenges, industry executives said.

Investors sue crypto fund and platform, alleging $1.5 million never returned
Investors sue crypto fund and platform, alleging $1.5 million never returned

Auditors flagged the commingling. The COO allegedly knew. Investors kept getting the pitch

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income

SPONSORED Why direct indexing stopped being optional

Direct indexing is on pace to outgrow ETFs and mutual funds. Northern Trust's Ken Lassner explains why the advisors who get it wish they had started sooner.