Regulation And Legislation

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Booming SPAC market draws SEC scrutiny
NEWS ALTERNATIVES MAR 11, 2021
Booming SPAC market draws SEC scrutiny

The vehicles are touted for democratizing markets by allowing retail investors access to high-growth companies. But the SEC said they come with distinct risks.

By Mark Schoeff Jr.
Cambridge Investment Research working on Finra settlement over alt fund sales
NEWS BROKER DEALERS MAR 11, 2021
Cambridge Investment Research working on Finra settlement over alt fund sales

Finra's department of enforcement has investigated Cambridge's due diligence of the sale of the defunct LJM Preservation and Growth Fund.

By Bruce Kelly
Value-focused IVA Funds files to liquidate, close up shop
NEWS REGULATION AND LEGISLATION MAR 11, 2021
Value-focused IVA Funds files to liquidate, close up shop

Faced with shrinking assets and performance challenges, the $2.5 billion boutique asset manager will shutter its two funds next month.

By Jeff Benjamin
Senate Banking Committee approves Gensler nomination
NEWS 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
NEWS 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
NEWS 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
NEWS 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
NEWS 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
NEWS 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
NEWS 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
NEWS 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
NEWS ESG 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
NEWS 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
NEWS 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
NEWS ESG 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
NEWS 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
NEWS 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
NEWS 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
NEWS 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
NEWS ESG 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.