Regulation And Legislation

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The DOL's ESG rule survived in court. Does it matter?
OPINION SEP 25, 2023
The DOL's ESG rule survived in court. Does it matter?

It could take a while for ESG to become more widely available in 401(k)s, even if the political focus on it dies down.

By Emile Hallez
SEC fines Deutsche Bank subsidiary $19M for not keeping ESG promises
PRACTICE MANAGEMENT SEP 25, 2023
SEC fines Deutsche Bank subsidiary $19M for not keeping ESG promises

'The industry deserves to have the scrutiny that’s being placed on it,' says Ethan Powell, founder and CEO of Impact Shares.

By Mark Schoeff Jr.
Handcuffed by marketing inertia? 
FINTECH SEP 25, 2023
Handcuffed by marketing inertia? 

As the SEC marketing rule nears its first anniversary, most firms have yet to take advantage of the testimonials and endorsements it allows.

By Mark Schoeff Jr.
SEC exam sweep short but not sweet 
PRACTICE MANAGEMENT SEP 25, 2023
SEC exam sweep short but not sweet 

Instead of generating anxiety among advisors, sweep contains no hidden surprises, says compliance expert.

By Mark Schoeff Jr.
XY Planning's smaller advisors envy larger firms’ marketing latitude
PRACTICE MANAGEMENT SEP 22, 2023
XY Planning's smaller advisors envy larger firms’ marketing latitude

'We see a lot of angst from advisors that are frustrated that the federal [SEC] firms get to' use client testimonials and reviews in advertising 'but they can’t do it in their state,' says XYPN co-founder Michael Kitces.

By Mark Schoeff Jr.
Climate Week's biggest news wasn't part of Climate Week
RIA NEWS SEP 22, 2023
Climate Week's biggest news wasn't part of Climate Week

Major regulations and legislation made headlines, and big asset managers faced protests over fossil fuels.

By Emile Hallez
SEC penalizes small Wisconsin B-D $50,000 over Reg BI faults
REGULATION AND LEGISLATION SEP 22, 2023
SEC penalizes small Wisconsin B-D $50,000 over Reg BI faults

Carl M. Hennig Inc. has 10 registered reps and about $1.3 billion in client assets.

By Bruce Kelly
Political clock ticks as Labor readies next version of fiduciary rule
RETIREMENT PLANNING SEP 21, 2023
Political clock ticks as Labor readies next version of fiduciary rule

The measure is likely to make a rollover recommendation a fiduciary act. But if the agency doesn't complete the measure soon, it's vulnerable to being overturned by the next Congress and White House.

By Mark Schoeff Jr.
New strategy in 401(k) litigation: Ask for settlement before suit is filed
RETIREMENT PLANNING SEP 20, 2023
New strategy in 401(k) litigation: Ask for settlement before suit is filed

Law firm Lieff Cabraser is reportedly busy sending letters to plan sponsors.

By Emile Hallez
SEC expands rule to ensure fund portfolios match their names
MUTUAL FUNDS SEP 20, 2023
SEC expands rule to ensure fund portfolios match their names

The final regulation targets 'greenwashing' but strips out what would have been 'a more onerous' ESG provision, a lawyer says.

By Mark Schoeff Jr.
Bipartisan House members press SEC official to drop mutual fund reform proposal
MUTUAL FUNDS SEP 19, 2023
Bipartisan House members press SEC official to drop mutual fund reform proposal

Lawmakers say changes would hurt retirement investors. They also raise concerns about a proposal to curb advisor conflicts related to AI.

By Mark Schoeff Jr.
Morgan Stanley sued for $750M by private equity firms claiming fraud
WIREHOUSES SEP 18, 2023
Morgan Stanley sued for $750M by private equity firms claiming fraud

The disputed deal involved a loan to Miami-based Brightline Holdings, which is developing a high-speed rail line between Los Angeles and Las Vegas.

By Bloomberg
Wealthy tax dodgers targeted by IRS new agent hires
REGULATION AND LEGISLATION SEP 18, 2023
Wealthy tax dodgers targeted by IRS new agent hires

Tax officials will focus on high earners and corporations that are not paying their fair share.

By Bloomberg
SEC regulations give 'short shrift' to potential cost for small advisors
RIA NEWS SEP 15, 2023
SEC regulations give 'short shrift' to potential cost for small advisors

Investment Adviser Association files petition pushing agency to make number of staff, not AUM, the deciding factor in defining a firm as 'small.'

By Mark Schoeff Jr.
State regulators continue to oppose Finra remote supervision pilot program
REGULATION AND LEGISLATION SEP 14, 2023
State regulators continue to oppose Finra remote supervision pilot program

Over nearly three years 'our branch examiners have refined their skills and become very adept at identifying risk remotely,' insists LPL Financial.

By Mark Schoeff Jr.
New leader of state regulators places emphasis on 'risky' digital assets
ALTERNATIVES SEP 13, 2023
New leader of state regulators places emphasis on 'risky' digital assets

Hodgepodge of different regulations needs addressing, says securities lawyer.

By Mark Schoeff Jr.
Love it or hate it, climate reporting may be inevitable
OPINION SEP 13, 2023
Love it or hate it, climate reporting may be inevitable

Legislation in California that will likely become law goes much farther than an SEC proposal on emissions reporting for public companies.

By Emile Hallez
U.S. lags globally on retirement due to health, quality of life issues
RETIREMENT PLANNING SEP 13, 2023
U.S. lags globally on retirement due to health, quality of life issues

Academics suggest improvements to the savings system and restoring the solvency of Social Security.

By Emile Hallez
SEC Chair Gensler fires back at GOP critics
FINTECH SEP 12, 2023
SEC Chair Gensler fires back at GOP critics

Leader accused of proposing regulations that are ‘sowing discord and confusion.'

By Mark Schoeff Jr.
SEC hits YieldStreet with $1.9M penalty linked to shipping investment
ALTERNATIVES SEP 12, 2023
SEC hits YieldStreet with $1.9M penalty linked to shipping investment

YieldStreet failed to disclose heightened risk, according to the SEC.

By Bruce Kelly