Regulation And Legislation

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Wealth gap, emergency savings lead Senate committee hearing
RETIREMENT PLANNING MAY 13, 2021
Wealth gap, emergency savings lead Senate committee hearing

Panelists testified that more must be done to help retirement savings, including emergency savings and student-debt management services. It might also mean passing legislation to discourage workers from prematurely cashing out their 401(k) balances.

By Emile Hallez
Rep. Casten pushes climate disclosure bill to strengthen SEC’s hand
REGULATION AND LEGISLATION MAY 13, 2021
Rep. Casten pushes climate disclosure bill to strengthen SEC’s hand

The legislation advances to the House floor as the SEC is taking public comments on increasing ESG reporting requirements.

By Mark Schoeff Jr.
Fired rep admits stealing $600,000 from elderly client
INDEPENDENT BROKER DEALERS MAY 13, 2021
Fired rep admits stealing $600,000 from elderly client

The broker, Matthew Clason, transferred more than $668,000 from the victim’s investment accounts into a joint bank account and then took most of it, according to the Department of Justice. He faces up to 20 years in prison.

By Bruce Kelly
Gary Gensler uses political savvy for strong start at SEC
OPINION MAY 12, 2021
Gary Gensler uses political savvy for strong start at SEC

The SEC chair deftly handled four hours of questioning from lawmakers, including a query about Reg BI. He showed he’s a deft politician who will be able to guide policy in a direction he favors.

By Mark Schoeff Jr.
Great-West B-D to pay $1.5 million over retirement account failures
RETIREMENT PLANNING MAY 12, 2021
Great-West B-D to pay $1.5 million over retirement account failures

The Securities and Exchange Commission says the firm knew that hackers were trying to access participant accounts but didn’t report them.

By InvestmentNews
Cboe files to list Fidelity Bitcoin ETF
ALTERNATIVES MAY 12, 2021
Cboe files to list Fidelity Bitcoin ETF

The exchange has proposed listing Fidelity's Wise Origin Bitcoin Trust, saying in its filing that concerns about potential manipulation of a Bitcoin ETF have been 'sufficiently mitigated.'

By Bloomberg
Bid to protect farms from capital gains signals Democratic resistance to some tax hikes
REGULATION AND LEGISLATION MAY 11, 2021
Bid to protect farms from capital gains signals Democratic resistance to some tax hikes

President Biden likely will need to keep all Democrats on board to get his spending and related tax proposals through Congress.

By Mark Schoeff Jr.
Finra set to resume in-person arbitration hearings
REGULATION AND LEGISLATION MAY 10, 2021
Finra set to resume in-person arbitration hearings

Finra will reopen 62 of its 69 hearing locations in July, while allowing arbitration parties to continue to request remote proceedings. Even if in-person proceedings are allowed, Finra said arbitration parties can still continue to request a remote hearing.

By Mark Schoeff Jr.
Finra should review ban on in-person arbitration hearings
REGULATION AND LEGISLATION MAY 10, 2021
Finra should review ban on in-person arbitration hearings

One industry group is now calling on Finra to end the remote hearings it says are harming investors. Two hundred and sixty-three hearings have been conducted remotely as of the end of March.

By InvestmentNews
Heeding tax winds, advisers chart new financial tactics for clients
REGULATION AND LEGISLATION MAY 10, 2021
Heeding tax winds, advisers chart new financial tactics for clients

Tax planning has become an urgent topic following President Joe Biden's proposal aimed at high earners and wealthy investors.

By Mark Schoeff Jr.
Advisers underwhelmed by Biden's first 100 days
REGULATION AND LEGISLATION MAY 07, 2021
Advisers underwhelmed by Biden's first 100 days

An unscientific poll of readers found 61% disapproving of Biden and 60% opposing his proposed tax increases. The survey was released on April 29, Biden’s 100th day in office.

By Mark Schoeff Jr.
Legislators ask GAO to review target-date funds
RETIREMENT PLANNING MAY 07, 2021
Legislators ask GAO to review target-date funds

The heads of the Senate and House committees overseeing labor want to know whether TDFs are working as advertised.

By InvestmentNews
GameStop legislation causes partisan fissures
REGULATION AND LEGISLATION MAY 07, 2021
GameStop legislation causes partisan fissures

Democratic bills address investor protection concerns related to the frenzy; Republicans warn against regulating ordinary investors out of the market.

By Mark Schoeff Jr.
What’s next for 401(k) litigation?
OPINION MAY 07, 2021
What’s next for 401(k) litigation?

While plaintiffs continue to develop many theories and new claims, one type of claim that has appeared with increasing frequency in 401(k) litigation 2.0 is an allegation that deciding to offer additional services to plans and their participants creates conflicts.

By David Levine
CalSavers upheld in US Court of Appeals case
RETIREMENT PLANNING MAY 07, 2021
CalSavers upheld in US Court of Appeals case

A three-judge panel in the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of the case. The savings system is not a plan under the Employee Retirement Income Security Act and is therefore not preempted by the law, the panel wrote in the opinion published yesterday.

By Emile Hallez
Brokers raise billions for green land deals IRS calls tax scams
ALTERNATIVES MAY 07, 2021
Brokers raise billions for green land deals IRS calls tax scams

Expanded government crackdowns on syndicated conservation easement land deals are creating financial and legal headaches for some wealthy investors.

By Bloomberg
Gensler vows to ensure compliance with Reg BI ‘as written’
PRACTICE MANAGEMENT MAY 06, 2021
Gensler vows to ensure compliance with Reg BI ‘as written’

In his first appearance on Capitol Hill since being confirmed as SEC chair, Gensler also addressed ESG and the gamification of investing.

By Mark Schoeff Jr.
SEC chief signals new rules that could threaten Robinhood, Citadel
REGULATION AND LEGISLATION MAY 06, 2021
SEC chief signals new rules that could threaten Robinhood, Citadel

In remarks prepared for a House hearing Thursday, Gary Gensler shines a spotlight on online brokerages and market makers that dominate the business of executing retail investors' equity orders.

By Bloomberg
House panel unanimously passes SECURE 2.0
RETIREMENT PLANNING MAY 05, 2021
House panel unanimously passes SECURE 2.0

The bill, which advances to the House floor with a strong bipartisan push, would raise the RMD age from 72 to 75, among many other provisions.

By Mark Schoeff Jr.
Encouraging clients to name a trusted contact
OPINION MAY 04, 2021
Encouraging clients to name a trusted contact

Employing insights from behavioral finance when putting together the trusted contact form can increase the likelihood a client names a trusted contact, according to a recent report from the Ontario Securities Commission.

By Josh Jones