Regulation And Legislation

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Finra examines reps taking PPP loans for potential violations
REGULATION AND LEGISLATION JAN 22, 2021
Finra examines reps taking PPP loans for potential violations

Finra is concerned that some reps are receiving federal financial support connected to work they’re doing outside of their brokerage jobs. Its exams are not part of a sweep; they target individual reps who received loans.

By Mark Schoeff Jr.
401(k) suits filed against Mercedes, Takeda, American Trust
RETIREMENT PLANNING JAN 22, 2021
401(k) suits filed against Mercedes, Takeda, American Trust

Plaintiffs allege excessive fees and other claims against the auto maker and drug company, while a participant in a plan using American Trust as trustee claims a major distribution was made without his permission. The University of Pennsylvania settled a long-running case over its 403(b).

By Emile Hallez
Allison Herren Lee named acting SEC chair
REGULATION AND LEGISLATION JAN 21, 2021
Allison Herren Lee named acting SEC chair

Biden has nominated Gary Gensler to serve as SEC chairman, but that nomination must be approved by the Senate. Lee has served as an SEC commissioner since 2019.

By InvestmentNews
Trump pardons provide leniency in cases involving investor harm
REGULATION AND LEGISLATION JAN 21, 2021
Trump pardons provide leniency in cases involving investor harm

Such pardons don’t sit well with securities attorneys, who say they contradict the mission of regulators and send the wrong message to perpetrators.

By Mark Schoeff Jr.
What the Biden administration really means for fintech
FINTECH JAN 21, 2021
What the Biden administration really means for fintech

While conventional wisdom suggests a Democratic administration will move to strengthen regulations, there's potential for focus on how fintech can be used to help accomplish the new administration’s goal of expanding access to financial services.

By Nicole Casperson
Biden signals administration will review DOL ESG rule
RETIREMENT PLANNING JAN 20, 2021
Biden signals administration will review DOL ESG rule

Hours before President Joseph Biden was inaugurated at the U.S. Capitol, the Biden transition team released a list of more than 100 Trump regulations approved since 2017 that it intends to revisit.

By Mark Schoeff Jr.
401(k) sponsors in the dark about cognitive decline
RETIREMENT PLANNING JAN 19, 2021
401(k) sponsors in the dark about cognitive decline

A Department of Labor advisory council compiled a wealth of testimony on the challenges that plan sponsors, advisers, record keepers and others face in identifying retirement savers’ cognitive decline and what options they have when they suspect it.

By Emile Hallez
SEC charges father-and-son team with fraud
REGULATION AND LEGISLATION JAN 19, 2021
SEC charges father-and-son team with fraud

The agency says that Michael Sztrom's son David faked being an adviser with his father’s help.

By InvestmentNews
SEC charges former Arizona adviser with fraud
REGULATION AND LEGISLATION JAN 19, 2021
SEC charges former Arizona adviser with fraud

Jacob C. Glick of Scottsdale allegedly took $355,000 from a client after he was terminated by his firm.

By InvestmentNews
Gensler expected to put teeth in Reg BI — not overturn it
REGULATION AND LEGISLATION JAN 19, 2021
Gensler expected to put teeth in Reg BI — not overturn it

A former chairman of the Commodities Futures Trading Commission, former Treasury Department official and former Goldman Sachs executive, Gensler has developed a reputation as a tough regulator who also was a successful leader on Wall Street.

By Mark Schoeff Jr.
Two new 401(k) lawsuits and one big settlement
RETIREMENT PLANNING JAN 19, 2021
Two new 401(k) lawsuits and one big settlement

VALIC and Associated Bank were sued recently over their retirement plans, while a long-running case over losses in Valeant Pharmaceuticals stock in DST Systems' plan was settled for a total of $79 million in three separate agreements.

By Emile Hallez
Biden taps Gensler as SEC chairman
REGULATION AND LEGISLATION JAN 18, 2021
Biden taps Gensler as SEC chairman

Federal Trade Commission member Rohit Chopra will be nominated to lead the Consumer Financial Protection Bureau; both choices signal the incoming administration is planning tough oversight.

By Bloomberg
How the Biden administration can protect retirement savings
OPINION JAN 15, 2021
How the Biden administration can protect retirement savings

The Labor Department's fiduciary rule and the SEC's Reg BI pose a real threat to the retirement savings of investors, but the Biden administration can put an end to the threat.

By Joseph C. Peiffer
Robinhood hires two Finra execs
REGULATION AND LEGISLATION JAN 15, 2021
Robinhood hires two Finra execs

As scrutiny of the online brokerage mounts and as it prepares for an IPO expected later this year, it has recruited two officials from its front-line regulator.

By Bloomberg
Senate leader on tax policy seeks to increase capital gains taxes
REGULATION AND LEGISLATION JAN 14, 2021
Senate leader on tax policy seeks to increase capital gains taxes

“We need comprehensive capital gains reform,” incoming Senate Finance Committee Chairman Ron Wyden, D-Ore., said. “This is a kitchen-table issue.”

By Mark Schoeff Jr.
Ed Butowsky pulls Twitter apology to brother of murdered Democratic staffer
PRACTICE MANAGEMENT JAN 14, 2021
Ed Butowsky pulls Twitter apology to brother of murdered Democratic staffer

In a curious development to a strange, twisting tale, Butowsky, managing director of Chapwood Capital Investment Management, offered an apology to the brother of former DNC staffer Seth Rich on Twitter — then deleted the tweet.

By Bruce Kelly
Schwab ends political donations permanently
REGULATION AND LEGISLATION JAN 13, 2021
Schwab ends political donations permanently

The brokerage said a "hyper-partisan environment" led to its decision to stop contributing to political campaigns. However, the company will continue to lobby lawmakers in Washington.

By Mark Schoeff Jr.
Interest groups rethink donations to lawmakers who objected to election results
REGULATION AND LEGISLATION JAN 13, 2021
Interest groups rethink donations to lawmakers who objected to election results

Washington trade associations that represent financial firms and advisers are wrestling with whether and how to change their political action committee policies on donations in the wake of the riot at the U.S. Capitol.

By Mark Schoeff Jr.
Visa, Plaid abandon $5.3 billion deal amid antitrust suit
REGULATION AND LEGISLATION JAN 13, 2021
Visa, Plaid abandon $5.3 billion deal amid antitrust suit

The Justice department sued to block the acquisition in November, accusing Visa of trying to buy the financial technology firm to eliminate an emerging threat to its online debit business.

By Bloomberg
Biden poised to pick former CFTC chief Gary Gensler to head SEC
REGULATION AND LEGISLATION JAN 12, 2021
Biden poised to pick former CFTC chief Gary Gensler to head SEC

If Gensler is nominated by Biden to be SEC chairman and confirmed by the Senate, he would be the new administration's front-line regulator for Wall Street and the arbiter of what public companies must disclose to their investors.

By Bloomberg