Regulation And Legislation

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Securities America fined $1.75 million for rogue broker breakdown
INDEPENDENT BROKER DEALERS JUL 01, 2021
Securities America fined $1.75 million for rogue broker breakdown

The SEC alleges the firm failed to safeguard clients from Hector May, who pleaded guilty to stealing $8 million from clients and was sentenced to 13 years in prison.

By Bruce Kelly
Prep for ransomware attacks or be ready to pay the price
FINTECH JUN 30, 2021
Prep for ransomware attacks or be ready to pay the price

Ransomware attacks in the U.S. increased 300% in 2020 and cost victims $350 million. Advisers make easy targets because they publicly release AUM and hold some of the most sensitive client data that directly connects to their finances.

By Nicole Casperson
Robinhood to pay record $70 million in Finra settlement
FINTECH JUN 30, 2021
Robinhood to pay record $70 million in Finra settlement

The online trading platform will pay a $57 million fine and $12.6 million in restitution to settle a series of alleged failures, from tech outages to misleading information; it is the largest financial penalty ever ordered by Finra.

By Nicole Casperson
Cetera fined $125,000 over privacy issues
INDEPENDENT BROKER DEALERS JUN 30, 2021
Cetera fined $125,000 over privacy issues

Finra also censured the firm in connection with privacy breaches that occurred during transfers of new clients.

By InvestmentNews
Private equity fights to keep tax break
REGULATION AND LEGISLATION JUN 30, 2021
Private equity fights to keep tax break

A lobbying group for PE firms is rolling out ads targeting 25 members of Congress to try to protect the carried interest tax break.

By InvestmentNews
Three more states adopt annuity suitability rules
LIFE INSURANCE AND ANNUITIES JUN 29, 2021
Three more states adopt annuity suitability rules

Virginia, Maine and Alabama recently adopted rules tracking the model ‘best interest’ measure approved in 2020 by the National Association of Insurance Commissioners.

By InvestmentNews
SEC names N.J. Attorney General to head enforcement
PRACTICE MANAGEMENT JUN 29, 2021
SEC names N.J. Attorney General to head enforcement

Before becoming New Jersey's attorney general in 2018, Gurbir Grewal served as a federal prosecutor leading a unit that investigated white-collar crime.

By Bloomberg
Finra should review Form U4 to help industry diversity: Robinhood
PRACTICE MANAGEMENT JUN 29, 2021
Finra should review Form U4 to help industry diversity: Robinhood

The registration application known as Form U4 asks an applicant for a variety of information, from employment history to whether he or she has been convicted of or charged with a felony.

By Bruce Kelly
SEC disclosure plan sets up clash with Amazon and others
REGULATION AND LEGISLATION JUN 29, 2021
SEC disclosure plan sets up clash with Amazon and others

Rules under consideration by the SEC that would require corporations to disclose climate risks will lead to shareholder lawsuits, according to Wall Street.

By Bloomberg
Biden wants to dismantle two tax strategies used by richest 0.1%
RETIREMENT PLANNING JUN 28, 2021
Biden wants to dismantle two tax strategies used by richest 0.1%

Technical provisions in the administration's tax proposals could disrupt dynasty trusts and intentionally defective grantor trusts, two ways that super wealthy people have legally avoided taxes for decades.

By Bloomberg
Larger RIA firms growing fastest, IAA finds
RIA NEWS JUN 28, 2021
Larger RIA firms growing fastest, IAA finds

There are now almost 14,000 RIAs registered with the SEC, and the number of clients they serve grew 17% in 2020, to 60.8 million

By InvestmentNews
Advisers wary of bill putting timeframe on giving from donor-advised funds
REGULATION AND LEGISLATION JUN 28, 2021
Advisers wary of bill putting timeframe on giving from donor-advised funds

The measure in the Senate would create 15- and 50-year limits on amount of time money could remain in DAFs.

By Mark Schoeff Jr.
Robinhood's IPO plans slowed by SEC review
FINTECH JUN 25, 2021
Robinhood's IPO plans slowed by SEC review

Robinhood's growing cryptocurrency business, which now allows customers to trade Bitcoin, Ethereum and even Dogecoin, has drawn questions from the Securities and Exchange Commission, a source says.

By Bloomberg
Finra records $19.8 million profit in 2020
REGULATION AND LEGISLATION JUN 25, 2021
Finra records $19.8 million profit in 2020

The self-regulator saw a sharp turnaround after taking a $45.9 million loss in 2019. The results were driven, in large part, by the revenue generated from increased trading activity.

By Mark Schoeff Jr.
State IRA programs ignite a new market for small 401(k) providers
RETIREMENT PLANNING JUN 25, 2021
State IRA programs ignite a new market for small 401(k) providers

Small businesses are being told to sign up for coverage. Fintech firms and established 401(k) providers see an opportunity to showcase their services as an alternative to state-run programs before what is essentially a brand-new market.

By Emile Hallez
Merrill Lynch hit with $11.65 million penalty by Finra
REGULATION AND LEGISLATION JUN 25, 2021
Merrill Lynch hit with $11.65 million penalty by Finra

In 2016, Finra launched a targeted examination of UIT sales, discounts and rollovers across the brokerage industry, and a number of firms have incurred penalties and fines in its aftermath.

By Bruce Kelly
Stay ahead of ESG regulatory changes
OPINION JUN 24, 2021
Stay ahead of ESG regulatory changes

After climate rule changes, expect similar disclosure requirements on other ESG issues like biodiversity, workforce diversity and political spending.

By Trysha Daskam
SECURE 2.0 hearing shows fissure in retirement policy
RETIREMENT PLANNING JUN 23, 2021
SECURE 2.0 hearing shows fissure in retirement policy

Legislators focused on whether there was a need to improve retirement saving and sought to address whether the 401(k) system has failed Americans by disproportionately favoring affluent and white savers. Republicans also used much of their speaking time to deride the Democrat-led American Rescue Plan signed into law in March, which included bailout money for underfunded multiemployer pension plans.

By Emile Hallez
Fiduciary backers seek 'highest legal standard' in Form CRS disclosures
REGULATION AND LEGISLATION JUN 22, 2021
Fiduciary backers seek 'highest legal standard' in Form CRS disclosures

The Institute for the Fiduciary Standard on Tuesday proposed a redesigned customer relationship disclosure, known as Form CRS, that provides a side-by-side comparison of advisers and brokers.

By Mark Schoeff Jr.
Advisers' independent contractor status must be protected at the federal level
OPINION JUN 22, 2021
Advisers' independent contractor status must be protected at the federal level

The Department of Labor's withdrawal of a Trump-era rule has added to advisers' confusion about working as independent contractors, a model that benefits them and their clients.

By Dale Brown