Regulation And Legislation

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Lawmakers press Gensler over climate, crypto and rulemaking pace
ALTERNATIVES APR 18, 2023
Lawmakers press Gensler over climate, crypto and rulemaking pace

Republicans on the House Financial Services Committee questioned the SEC leader about the roughly 50 rules the agency has proposed over the past two years.

By Emile Hallez
Betterment pays $9 million to settle SEC charges over tax-loss harvesting
RETIREMENT PLANNING APR 18, 2023
Betterment pays $9 million to settle SEC charges over tax-loss harvesting

Disclosure and operating issues impacted more than 25,000 client accounts and resulted in $4 million of potential tax benefits lost, according to the SEC.

By Ryan W. Neal
These 2 state regulators are financial markets' first responders when trouble strikes
REGULATION AND LEGISLATION APR 18, 2023
These 2 state regulators are financial markets' first responders when trouble strikes

William Galvin and Joseph Borg find and respond to violations at the ground level, where their constituents are harmed.

By Mark Schoeff Jr.
Lawmakers to push off Social Security reform until point of political pain
RETIREMENT PLANNING APR 18, 2023
Lawmakers to push off Social Security reform until point of political pain

Lawmakers talk about reducing the federal budget, but entitlements are off the table. 'It's not mathematically honest,' Jeff Bush said.

By Mark Schoeff Jr.
CalSavers on hunt for new leader as executive director Selenski departs
RETIREMENT PLANNING APR 17, 2023
CalSavers on hunt for new leader as executive director Selenski departs

The California auto-IRA program is not only the biggest in the country, but its arrival correlated with a pick-up in new 401(k) plans in the state.

By Emile Hallez
State regulators oppose expungement reform proposal approved by SEC
REGULATION AND LEGISLATION APR 14, 2023
State regulators oppose expungement reform proposal approved by SEC

NASAA says Finra's modifications don't do enough to make it harder for brokers to clear customer disputes from their records.

By Mark Schoeff Jr.
DOJ cites antitrust concerns over SEC trading-execution reforms
REGULATION AND LEGISLATION APR 13, 2023
DOJ cites antitrust concerns over SEC trading-execution reforms

The Justice Department's antitrust division asked the SEC to consider potential impacts of its proposals, including whether smaller pricing increments could increase competition between exchanges and wholesalers, and whether that might affect brokers' willingness to route orders to wholesalers.

By Bloomberg
SEC approves Finra expungement reform proposal
REGULATION AND LEGISLATION APR 13, 2023
SEC approves Finra expungement reform proposal

The measure establishes tighter procedures and a special roster of arbitrators to hear brokers' requests to clear their records of customer disputes.

By Mark Schoeff Jr.
New Hampshire Gov. Sununu joins anti-ESG fray amid setbacks for the movement
REGULATION AND LEGISLATION APR 12, 2023
New Hampshire Gov. Sununu joins anti-ESG fray amid setbacks for the movement

The governor signed an executive order this week that entails only limited practical restrictions on state assets but could have a chilling effect.

By Emile Hallez
Nuveen gets new muni bond leader amid lawsuit settlement
PRACTICE MANAGEMENT APR 10, 2023
Nuveen gets new muni bond leader amid lawsuit settlement

As the firm announces a settlement of suits brought by Preston Hollow Community Capital, Nuveen announced that John Miller is retiring and will be replaced by Daniel Close.

By Emile Hallez
Client wasn’t lovin’ it:  Wells Fargo loses arbitration case over McDonald’s stock
ALTERNATIVES APR 10, 2023
Client wasn’t lovin’ it:  Wells Fargo loses arbitration case over McDonald’s stock

Finra arbitrators order the firm and a broker to pay about $500,000 to a former McDonald's franchise owner after an options trading snafu.

By Mark Schoeff Jr.
Anti-ESG measures are everywhere, but some are floundering in GOP states
REGULATION AND LEGISLATION APR 07, 2023
Anti-ESG measures are everywhere, but some are floundering in GOP states

Fiduciaries are citing the high costs of legislation restricting the use of ESG, and some state leaders are listening.

By Emile Hallez
Finra bars former LPL, RayJay rep who borrowed $850,000 from clients
PRACTICE MANAGEMENT APR 07, 2023
Finra bars former LPL, RayJay rep who borrowed $850,000 from clients

Chattanooga, Tennessee-based William F. Winchester III was registered with LPL Financial from 2007 to 2012 and then with Raymond James Financial Services.

By Bruce Kelly
Robinhood to pay states $10.2 million over outages prior to meme stock frenzy
FINTECH APR 06, 2023
Robinhood to pay states $10.2 million over outages prior to meme stock frenzy

A multistate investigation of the problems in 2020 cited Robinhood for technology failures as well as lack of diligence in approving options trading.

By Mark Schoeff Jr.
Goldman ordered to pay $3 million for mismarking ‘short’ sales as ‘long’
PRACTICE MANAGEMENT APR 05, 2023
Goldman ordered to pay $3 million for mismarking ‘short’ sales as ‘long’

Finra's action was another by the broker-dealer self-regulator that targets a best-execution failure by a member firm.

By Mark Schoeff Jr.
ERISA lawsuit roundup: Court backs ADP (again), Mutual of America settles
RETIREMENT PLANNING APR 05, 2023
ERISA lawsuit roundup: Court backs ADP (again), Mutual of America settles

Mutual of America agreed to settle an ERISA excessive fee lawsuit filed by 401(k) participants last week.

By Gregg Greenberg
Merrill ordered to pay $9.7 million for failing to disclose foreign exchange fees
WIREHOUSES APR 04, 2023
Merrill ordered to pay $9.7 million for failing to disclose foreign exchange fees

The SEC enforcement action is another example of the agency's increased scrutiny of wrap-fee programs.

By Mark Schoeff Jr.
Industry groups question justification, cost of SEC trading-execution reforms
REGULATION AND LEGISLATION APR 03, 2023
Industry groups question justification, cost of SEC trading-execution reforms

Critics say proposals that target payment for order flow try to do too much, too fast, and conflict with rules in place that are working.

By Mark Schoeff Jr.
Potential investor claims go through the roof at Berthel Fisher
ALTERNATIVES APR 03, 2023
Potential investor claims go through the roof at Berthel Fisher

Open claims against the Iowa-based broker-dealer totaled $32.1 million at the end of 2022, eight times what it reported a year earlier, according to an SEC filing.

By Bruce Kelly
Love it or hate it, ESG has been around for decades — and it isn’t going away
MUTUAL FUNDS APR 03, 2023
Love it or hate it, ESG has been around for decades — and it isn’t going away

Interest both for and against sustainable investing will almost certainly be rising — and that means that financial advisors can’t afford to ignore it.

By Emile Hallez