Regulation And Legislation

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Industry, financial experts sound off after DOL walks back crypto warning for 401(k)s
RETIREMENT PLANNING MAY 30, 2025
Industry, financial experts sound off after DOL walks back crypto warning for 401(k)s

The Labor Department's reversal from its 2022 guidance has drawn approval from crypto advocates – but fiduciaries must still mind their obligations.

By Leo Almazora
SEC seeking sanctions for former Florida investment advisor over alleged $17M client fraud
REGULATION AND LEGISLATION MAY 29, 2025
SEC seeking sanctions for former Florida investment advisor over alleged $17M client fraud

Complaint details near decade-long scheme raising almost $40 million from dozens of clients, including Venezuelan nationals, Catholic dioceses, and elderly individuals.

By Leo Almazora
SEC wins court battle against Revered Father Emmanuel Lemelson
REGULATION AND LEGISLATION MAY 29, 2025
SEC wins court battle against Revered Father Emmanuel Lemelson

The controversial hedge fund manager fails to stop the SEC from moving forward with a potential industry ban, after a federal judge rejects constitutional claims.

By Matthew Sellers
Ohio court revives Corpus Christi pension fund's lawsuit over Big Lots activist investors
RETIREMENT PLANNING MAY 28, 2025
Ohio court revives Corpus Christi pension fund's lawsuit over Big Lots activist investors

A public pension fund’s legal fight with activist investors over a $34.6 million Big Lots share sale isn’t over yet. Here’s why the court hit pause on the dismissal.

By Matthew Sellers
Why the off-channel comms problem is far from solved
PRACTICE MANAGEMENT MAY 28, 2025
Why the off-channel comms problem is far from solved

Despite a lighter regulatory outlook and staffing disruptions at the SEC, one compliance expert says RIA firms shouldn't expect a "free pass."

By Leo Almazora
FINRA penalizes another broker dealer for social media miscues
INDEPENDENT BROKER DEALERS MAY 28, 2025
FINRA penalizes another broker dealer for social media miscues

FINRA has been focused on firms and their use of social media for several years.

By Bruce Kelly
Rethink cybersecurity disclosure rule, SIFMA urges SEC
FINTECH MAY 27, 2025
Rethink cybersecurity disclosure rule, SIFMA urges SEC

The industry group and other financial associations called out risks from premature disclosures, overreporting, and bad actors weaponizing the rule's requirements.

By Leo Almazora
'Revenge tax' to hit US allies with tax rules tagged unfair by Trump
REGULATION AND LEGISLATION MAY 27, 2025
'Revenge tax' to hit US allies with tax rules tagged unfair by Trump

A section of the House-approved bill targeting counterparties in decades-old treaties could impact institutional investors, as well as retail participants and businesses with US interests.

By Bloomberg
Don't stop fighting for Retirement Security Rule, financial planning coalition urges DOL
RETIREMENT PLANNING MAY 23, 2025
Don't stop fighting for Retirement Security Rule, financial planning coalition urges DOL

The collective of groups including CFP Board, the FPA, NAPFA, and XYPN called for continued support in a legal battle to reinforce clients' best interests.

By Leo Almazora
As Stifel fights one giant claim involving star Miami broker, it quietly settles others
INDEPENDENT BROKER DEALERS MAY 23, 2025
As Stifel fights one giant claim involving star Miami broker, it quietly settles others

The competing legal strategies appear contrary to Stifel's public statements about defending its structured notes' tactics.

By Bruce Kelly
Florida firm hit with six-figure fine for non-compliant RILA recommendations
RETIREMENT PLANNING MAY 21, 2025
Florida firm hit with six-figure fine for non-compliant RILA recommendations

FINRA says AAG Capital failed to maintain oversight in line with Reg BI, leading some life insurance customers to give up death benefits worth over $100,000 more than the cash surrender value.

By Leo Almazora
SEC, FINRA partnership necessary to 'keep a pulse on the market'
REGULATION AND LEGISLATION MAY 21, 2025
SEC, FINRA partnership necessary to 'keep a pulse on the market'

SEC comissioner Hester Peirce and FINRA CEO Robert Cook stressed the importance of partnership between the two organizations during a recent FSI conference.

Ex-Osaic advisor fined over failure to declare $1M bequest
INDEPENDENT BROKER DEALERS MAY 20, 2025
Ex-Osaic advisor fined over failure to declare $1M bequest

The New York-based advisor, formerly affiliated with Securities America, has also been suspended for failing to disclose his status as a beneficiary.

By Leo Almazora
SEC looks to revisit private fund investment rules
ALTERNATIVES MAY 19, 2025
SEC looks to revisit private fund investment rules

The agency's new chairman Paul Atkins says "common-sense" review of 23-year-old restrictions could unlock the $31 trillion industry to more investors.

By Bloomberg
New Jersey court says restitution and disgorgement can both be used in securities fraud cases 
REGULATION AND LEGISLATION MAY 16, 2025
New Jersey court says restitution and disgorgement can both be used in securities fraud cases 

A New Jersey appellate court reinstates regulators' ability to seek both restitution and disgorgement in a securities fraud case involving unregistered investments and diverted investor funds. 

By Matthew Sellers
UBS loses Ocean Capital lawsuit 
REGULATION AND LEGISLATION MAY 16, 2025
UBS loses Ocean Capital lawsuit 

A federal appeals court has sided with activist investors in a closely watched proxy battle involving nine Puerto Rico municipal bond funds.

By Matthew Sellers
Fidelity National's $250 million investment in F&G Annuities survives Delaware shareholder lawsuit 
REGULATION AND LEGISLATION MAY 16, 2025
Fidelity National's $250 million investment in F&G Annuities survives Delaware shareholder lawsuit 

Judge rejects shareholder lawsuit targeting Fidelity's preferred stock deal.

By Matthew Sellers
Crypto, collectibles, and lending should count in outside business oversight, NASAA tells Finra
REGULATION AND LEGISLATION MAY 16, 2025
Crypto, collectibles, and lending should count in outside business oversight, NASAA tells Finra

State regulators coalition urge additions to proposed rule change, including activities at unaffiliated investment advisers and stricter recordkeeping.

By Leo Almazora
What should RIAs have on their regulatory radar right now?
RIA NEWS MAY 14, 2025
What should RIAs have on their regulatory radar right now?

With a new regime at the SEC, Savvy Wealth's Lisandra Wilmott speaks out on ongoing and unfolding risks around off-channel communications, AI, and private market investments.

By Leo Almazora
LPL faces states' regulatory actions on emails, chat app snafus
INDEPENDENT BROKER DEALERS MAY 08, 2025
LPL faces states' regulatory actions on emails, chat app snafus

The firm has been dogged by compliance issues for years, resulting in multiple fines by various regulatory bodies.

By Bruce Kelly