Regulation And Legislation

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If a prospectus falls in a forest, does it make a sound?
OPINION JUN 04, 2024
If a prospectus falls in a forest, does it make a sound?

The SEC's overly cautious approach to change leaves them disconnected from the modern investor and the markets they serve.  

By Mark Goldberg
Battle lines drawn over DOL's fiduciary rule
REGULATION AND LEGISLATION JUN 04, 2024
Battle lines drawn over DOL's fiduciary rule

Despite DOL’s efforts to protect itself, Congress and insurance industry go on the attack as first lawsuit is filed amid allegations the department exceeded its authority.

By Emile Hallez
Rule breaking nonbanks to be listed on new public register
REGULATION AND LEGISLATION JUN 04, 2024
Rule breaking nonbanks to be listed on new public register

Repeat offenders will be highlighted by CFPB platform.

By Steve Randall
401(k) lawsuits over 'forfeited' money get a lifeline
RETIREMENT PLANNING JUN 03, 2024
401(k) lawsuits over 'forfeited' money get a lifeline

There is one way to help avoid such litigation in the future, one lawyer says: Get rid of vesting schedules.

By Emile Hallez
Where the DOL's fiduciary rule intersects with HSAs
RETIREMENT PLANNING MAY 30, 2024
Where the DOL's fiduciary rule intersects with HSAs

For those who want to avoid becoming fiduciaries, be wary of the line between education and advice, lawyers warn.

By Emile Hallez
Ex-RIA, CEO behind failed opportunity fund to pay $600k in penalties
REGULATION AND LEGISLATION MAY 29, 2024
Ex-RIA, CEO behind failed opportunity fund to pay $600k in penalties

The New York-based firm and its CEO made false statements and doctored portfolio data for a fund with positions in China, according to the SEC.

By Leo Almazora
Citi, HSBC, Barclays amp up back-to-office pressure
PRACTICE MANAGEMENT MAY 25, 2024
Citi, HSBC, Barclays amp up back-to-office pressure

The banks are pushing more staff to report for in-person work as Finra shifts its rules around workplace monitoring.

By Bloomberg
The DOL’s fiduciary rule faces another legal challenge
RETIREMENT PLANNING MAY 24, 2024
The DOL’s fiduciary rule faces another legal challenge

A coalition of trade associations including the Insured Retirement Institute, ACLI, and NAIFA has filed a civil suit against the contentious Retirement Security rule.

By Leo Almazora
Stakeholders claim victory from SEC’s ether ETF approval
ALTERNATIVES MAY 24, 2024
Stakeholders claim victory from SEC’s ether ETF approval

Voices from the wealth and crypto industries say the landmark crypto ETF verdict will open new doors for investors and advisors.

By Leo Almazora
Lawmakers get their wish as SEC gives Ether ETFs the green light
ALTERNATIVES MAY 23, 2024
Lawmakers get their wish as SEC gives Ether ETFs the green light

Citing bitcoin ETFs, a bipartisan group of house representatives issued the call ahead of the federal securities regulator’s pivotal decision.

By Leo Almazora
$10M penalty vs. NYSE parent goes too far, say SEC commissioners
REGULATION AND LEGISLATION MAY 23, 2024
$10M penalty vs. NYSE parent goes too far, say SEC commissioners

Two dissenting voices from the federal regulator warned the penalty could create "a counter-productive dynamic" with its regulated entities.

By Leo Almazora
New digital assets legislation is unfit to maintain investor protection, SEC chair warns
REGULATION AND LEGISLATION MAY 23, 2024
New digital assets legislation is unfit to maintain investor protection, SEC chair warns

Financial Innovation and Technology for the 21st Century Act passed by the House.

By Steve Randall
Finra refutes firms' claims that it is forcing them to get workers back into the office
REGULATION AND LEGISLATION MAY 23, 2024
Finra refutes firms' claims that it is forcing them to get workers back into the office

Regulator says that claims of 'stringent' new rules are incorrect.

By Steve Randall
SEC slaps NYSE parent firm with $10M penalty for cyber reporting failure
REGULATION AND LEGISLATION MAY 22, 2024
SEC slaps NYSE parent firm with $10M penalty for cyber reporting failure

The federal securities regulator says the exchange giant took four days to report a vulnerability in its network, violating its internal procedures.

By Leo Almazora
Focus on outcomes, not mythical legal jargon, says Finseca CEO
REGULATION AND LEGISLATION MAY 21, 2024
Focus on outcomes, not mythical legal jargon, says Finseca CEO

Marc Cadin responds to a recent InvestmentNews editorial and explains why he believes the DOL process and pro-fiduciary rule argument are both flawed.

By James Burton
Louisiana moves to adopt annuity best-interest standard
RETIREMENT PLANNING MAY 20, 2024
Louisiana moves to adopt annuity best-interest standard

Associations for life insurers and financial advisors laud the move, renews call for “sensible protections” around guaranteed lifetime income products.

By Leo Almazora
High school financial literacy education now mandatory in Oklahoma
REGULATION AND LEGISLATION MAY 17, 2024
High school financial literacy education now mandatory in Oklahoma

State Governor Stitt signs legislation adding financial literacy education as a requirement for high school graduation.

By Leo Almazora
Finra dings small Calif. B-D over Reg BI, missing red flags
INDEPENDENT BROKER DEALERS MAY 17, 2024
Finra dings small Calif. B-D over Reg BI, missing red flags

'Our department’s Reg BI-related disciplinary actions have been increasing,' noted a senior Finra executive.

By Bruce Kelly
Supreme Court backs CFPB funding, avoiding potential problem for the Fed
REGULATION AND LEGISLATION MAY 17, 2024
Supreme Court backs CFPB funding, avoiding potential problem for the Fed

Decision overturns lower court ruling won by payday loan trade bodies.

By Steve Randall
SEC tightens rules around data breach disclosures
REGULATION AND LEGISLATION MAY 16, 2024
SEC tightens rules around data breach disclosures

Updates to a 24-year-old rule will require firms, including broker-dealers and RIAs, to prevent cyber risks and notify clients of incidents.

By Leo Almazora