Regulation And Legislation

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Former broker sentenced to more than 10 years in prison for fraud
REGULATION AND LEGISLATION OCT 19, 2023
Former broker sentenced to more than 10 years in prison for fraud

'[Thomas] Brenner used the funds for his benefit, including to make large race car-related purchases, and to pay back tax debts,' according to the U.S. Attorney's Office for the Northern District of Ohio.

By Mark Schoeff Jr.
Out of sight but top of mind: SEC maintains ESG focus despite absence in exam priorities
REGULATION AND LEGISLATION OCT 18, 2023
Out of sight but top of mind: SEC maintains ESG focus despite absence in exam priorities

'Firms should continue with rigor and diligence to operate their ESG risk and compliance programs,' a compliance expert says.

By Mark Schoeff Jr.
NYSE, Nasdaq volume discounts for brokers threatened by SEC proposal
EQUITIES OCT 18, 2023
NYSE, Nasdaq volume discounts for brokers threatened by SEC proposal

The setup can result in larger firms offering customers better transaction prices than smaller ones, SEC Chair Gary Gensler said.

By Bloomberg
SEC to investment funds: Quit playing name games
OPINION OCT 18, 2023
SEC to investment funds: Quit playing name games

For years, investors in mutual funds and ETFs have been investing in products whose actual portfolio holdings can stray dramatically from what's implied by the name of the fund.

By Paul Andrews
Don’t say ‘fiduciary rule’; DOL terms next attempt a ‘retirement security’ reg
RETIREMENT PLANNING OCT 17, 2023
Don’t say ‘fiduciary rule’; DOL terms next attempt a ‘retirement security’ reg

'We are trying to protect retirement savers,' says DOL assistant secretary Lisa Gomez. 'This is a new approach. Stay tuned.'

By Mark Schoeff Jr.
TCPA tidal wave will affect how firms engage with clients
OPINION OCT 17, 2023
TCPA tidal wave will affect how firms engage with clients

The federal regulation governing telephone marketing also covers texting, and now many states have put in place their own versions of the regulation, with different terms and definitions.

By Bill Simpson
SEC targets marketing rule, advisor compensation, complex products in 2024
PRACTICE MANAGEMENT OCT 16, 2023
SEC targets marketing rule, advisor compensation, complex products in 2024

'What they’re seeing is a need for increased disclosures and transparency to the investors,' a compliance expert says.

By Mark Schoeff Jr.
Grayscale bitcoin discount narrows with conversion to ETF seen as ‘inevitable’
ETFS OCT 16, 2023
Grayscale bitcoin discount narrows with conversion to ETF seen as ‘inevitable’

The prospect of Grayscale converting its bitcoin trust into an ETF is seen as more likely after the SEC declined to appeal a court ruling in Grayscale's favor.

By Bloomberg
SEC won't appeal Grayscale court ruling, paving way for spot bitcoin ETF
ETFS OCT 14, 2023
SEC won't appeal Grayscale court ruling, paving way for spot bitcoin ETF

The federal appeals court ruling in August was heralded by crypto advocates as a watershed moment for the industry.

By Bloomberg
House Republican demands SEC turn over ESG documents
REGULATION AND LEGISLATION OCT 12, 2023
House Republican demands SEC turn over ESG documents

House Oversight Committee Chairman James Comer wants to know about US involvement in crafting EU ESG regulations.

By Bloomberg
Fintech launches new AI-driven compliance platform
FINTECH OCT 12, 2023
Fintech launches new AI-driven compliance platform

Avery will track firmwide compliance protocols for RIAs, broker-dealers and banks.

By Josh Welsh
SEC orders firm to pay $1.3M for failing to disclose conflicts related to high-cost funds
MUTUAL FUNDS OCT 11, 2023
SEC orders firm to pay $1.3M for failing to disclose conflicts related to high-cost funds

'If you’re an investment advisor and you’re not putting your clients in the lowest-cost share class, then you’re running the risk of a fiduciary failure,' an expert says.

By Mark Schoeff Jr.
Judge lets Finra proceed with enforcement action against broker
REGULATION AND LEGISLATION OCT 10, 2023
Judge lets Finra proceed with enforcement action against broker

'If Finra doesn’t have the ability to enforce its own rules and discipline its members, then chaos will reign,' says PIABA President Hugh Berkson.

By Mark Schoeff Jr.
Finra tags advisor for sales of GPB alternatives
ALTERNATIVES OCT 10, 2023
Finra tags advisor for sales of GPB alternatives

"It’s frustrating to see Finra charging brokers after the nail is in the coffin of [clients'] portfolios," one attorney says.

By Bruce Kelly
SEC AI proposal would hurt retirement savers, industry group warns
REGULATION AND LEGISLATION OCT 09, 2023
SEC AI proposal would hurt retirement savers, industry group warns

Some trade associations want the SEC to withdraw the measure. 'There is nothing for the chairman to do other than throw it in the garbage,' says the head of the American Securities Association.

By Mark Schoeff Jr.
Stop whining about new ESG rules, says banking regulator
REGULATION AND LEGISLATION OCT 09, 2023
Stop whining about new ESG rules, says banking regulator

European banks are facing new reporting requirements starting in 2024.

By Bloomberg
Arbitrators order losing investors to pay more than $2M in attorneys’ fees, costs
REGULATION AND LEGISLATION OCT 06, 2023
Arbitrators order losing investors to pay more than $2M in attorneys’ fees, costs

'That is about as cataclysmic an outcome as a claimant can have in a Finra arbitration,' says an attorney not involved in the case.

By Mark Schoeff Jr.
Investors who overestimate their financial acumen pay higher fees, Finra says
REGULATION AND LEGISLATION OCT 06, 2023
Investors who overestimate their financial acumen pay higher fees, Finra says

But those who showed objective knowledge paid less, research shows.

By Emile Hallez
FPA launches program to attract members from Ameriprise
REGULATION AND LEGISLATION OCT 05, 2023
FPA launches program to attract members from Ameriprise

An advocate questions whether the CFP credential's fiduciary obligation can apply in a firm where advisors are dually registered.

By Mark Schoeff Jr.
House turmoil not likely to quiet GOP critics of SEC rule proposals        
REGULATION AND LEGISLATION OCT 04, 2023
House turmoil not likely to quiet GOP critics of SEC rule proposals        

'This is a transition of leadership,' says a former Democratic Senate staffer. 'It's business as usual with respect to oversight of the SEC.'

By Mark Schoeff Jr.