Regulation And Legislation

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Senate Banking Committee approves Gensler nomination
REGULATION AND LEGISLATION MAR 10, 2021
Senate Banking Committee approves Gensler nomination

The panel voted 14-10 to advance Gary Gensler’s nomination to head the Securities and Exchange Commission to the Senate floor for a confirmation vote by the full chamber.

By Mark Schoeff Jr.
Advisor Group firms boost legal reserves
ALTERNATIVES MAR 10, 2021
Advisor Group firms boost legal reserves

Royal Alliance Associates Inc., SagePoint Financial Inc., and FSC Securities Corp., increased legal reserves by as much as three times the amount of the prior year.

By Bruce Kelly
Bill that could make independent advisers employees faces Senate stall
REGULATION AND LEGISLATION MAR 10, 2021
Bill that could make independent advisers employees faces Senate stall

The measure has drawn strong opposition from financial industry trade associations. In a March 4 letter to House leaders, 14 groups warned that the bill 'would cause significant disruption to the independent financial services and property casualty insurance industries and the customers we serve.'

By Mark Schoeff Jr.
DOL won't enforce Trump-era ESG rules
RETIREMENT PLANNING MAR 10, 2021
DOL won't enforce Trump-era ESG rules

The two rules were among the most heavily contested measures instituted by the DOL under former Secretary Eugene Scalia, with the 401(k) rule drawing nearly 9,000 public comments, most of which opposed it.

By Emile Hallez
SEC warns investors about buying SPACs endorsed by celebrities
REGULATION AND LEGISLATION MAR 10, 2021
SEC warns investors about buying SPACs endorsed by celebrities

The agency cautioned against investing in blank-check companies based on endorsements from pro athletes or famous musicians.

By Bloomberg
Cetera pegs $4.2 million to cover  SEC mutual fund investigation
PRACTICE MANAGEMENT MAR 09, 2021
Cetera pegs $4.2 million to cover SEC mutual fund investigation

The agency charged two Cetera broker-dealers with breaching fiduciary duty and defrauding retail advisory clients in connection with the sales of mutual funds.

By Bruce Kelly
Clock starts ticking on November 2022 compliance for SEC ad rule
FINTECH MAR 08, 2021
Clock starts ticking on November 2022 compliance for SEC ad rule

The 430-page rule updates the agency's marketing oversight for the first time since 1961 and applies to social media communications.

By Mark Schoeff Jr.
The risk of lawsuits against retirement plan advisers and aggregators
OPINION MAR 05, 2021
The risk of lawsuits against retirement plan advisers and aggregators

Lawsuits increasingly draw in other plan service providers, ranging from record keepers to product solutions providers, plan advisers and others.

By David Levine
Entire SEC must be involved in climate risk, ESG policy changes, says member Peirce
REGULATION AND LEGISLATION MAR 05, 2021
Entire SEC must be involved in climate risk, ESG policy changes, says member Peirce

The GOP commission member said the agency should provide guidance before bringing enforcement cases

By Mark Schoeff Jr.
New York Life to pay $10.9 million for annuity replacement violations
RETIREMENT PLANNING MAR 05, 2021
New York Life to pay $10.9 million for annuity replacement violations

New York state says the insurer failed to adequately inform consumers about the differences between products.

By InvestmentNews
Principal, Red Cross sued over 401(k)s
RETIREMENT PLANNING MAR 05, 2021
Principal, Red Cross sued over 401(k)s

Plaintiffs in the separate cases allege the sponsors allowed the plans to have excessive investment-management and record-keeping fees.

By Emile Hallez
SEC establishes task force on ESG issues
REGULATION AND LEGISLATION MAR 04, 2021
SEC establishes task force on ESG issues

The move is the latest effort by the agency to emphasize oversight of sustainability disclosure and investing. The commission's Republican members raise questions about the flurry of climate activity.

By Mark Schoeff Jr.
Insured Retirement Institute wants more worker access to plans, annuities
RETIREMENT PLANNING MAR 04, 2021
Insured Retirement Institute wants more worker access to plans, annuities

Annuities are an answer to one of the most vexing worries that Americans face – outliving their money in retirement, IRI leaders said. But a critic countered that the products need to come with more investor protections.

By Mark Schoeff Jr.
Oklahoma bills show auto-IRAs making headway in non-blue states
RETIREMENT PLANNING MAR 04, 2021
Oklahoma bills show auto-IRAs making headway in non-blue states

The state is the latest among many that have taken steps toward adopting such programs, which are intended to dramatically expand access to retirement savings plans at work for employees of small businesses.

By Emile Hallez
SEC to emphasize climate risk in exams, step up Reg BI reviews
PRACTICE MANAGEMENT MAR 03, 2021
SEC to emphasize climate risk in exams, step up Reg BI reviews

The agency is 'integrating climate and ESG considerations into [its] broader regulatory framework,' Acting Chair Allison Herren Lee says.

By Mark Schoeff Jr.
Internet scams are top threat to investors, NASAA says
REGULATION AND LEGISLATION MAR 03, 2021
Internet scams are top threat to investors, NASAA says

Precious metals, cryptocurrencies and promissory notes are fraudster favorites in 2021, a survey of enforcement officials finds.

By InvestmentNews
Gensler quizzed on climate disclosure, mandatory arbitration in confirmation hearing
RIA NEWS MAR 02, 2021
Gensler quizzed on climate disclosure, mandatory arbitration in confirmation hearing

The focus on the climate and finance at the hearing likely was a harbinger of the priority the SEC will place on environmental, social and governance investing under Gensler. But Reg BI was ignored.

By Mark Schoeff Jr.
Advisers express skepticism about Warren’s wealth tax
REGULATION AND LEGISLATION MAR 01, 2021
Advisers express skepticism about Warren’s wealth tax

The measure faces a difficult legislative journey in a narrowly divided Congress, even if it becomes part of a reconciliation bill that can be approved by a simple majority in the Senate.

By Mark Schoeff Jr.
GPB broker-dealer shuts down amid fraud charges
ALTERNATIVES MAR 01, 2021
GPB broker-dealer shuts down amid fraud charges

Ascendant Alternative Strategies changed its official status with Finra to termination requested. Founders of GPB, David Gentile and Jeff Schneider were arrested and charged with fraud last month by the FBI.

By Bruce Kelly
NFP, Natixis targeted in 401(k) lawsuits
RETIREMENT PLANNING FEB 26, 2021
NFP, Natixis targeted in 401(k) lawsuits

At the heart of NFP case is the flexPath target-date series, which was added to Wood Group plan in 2016, when it was essentially brand new. Schlichter Bogard & Denton brought the case.

By Emile Hallez