Regulation And Legislation

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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
Lawmakers re-up bills to end estate tax, usher in e-delivery, increase SEC penalties
RETIREMENT PLANNING MAR 31, 2023
Lawmakers re-up bills to end estate tax, usher in e-delivery, increase SEC penalties

Each of the measures failed to get enacted in the previous Congress. The tax bill starts off with just GOP support, while the other two come out of the gate with bipartisan backing.

By Mark Schoeff Jr.
Custody, compliance and tech lay the foundation for going independent
RIA NEWS MAR 31, 2023
Custody, compliance and tech lay the foundation for going independent

An expansive network of platforms and services has evolved that's designed to support breakaway brokers.

By Jeff Benjamin
Massachusetts opens probe of stock sales by First Republic executives
REGULATION AND LEGISLATION MAR 30, 2023
Massachusetts opens probe of stock sales by First Republic executives

Secretary of the Commonwealth William Galvin, one of the most aggressive state regulators, has issued a subpoena, his spokesperson said.

By Mark Schoeff Jr.
House GOP questions SEC authority to write climate disclosure regulations
REGULATION AND LEGISLATION MAR 30, 2023
House GOP questions SEC authority to write climate disclosure regulations

GOP members of an appropriations subcommittee argue against the agency's request for an increase in its funding.

By Mark Schoeff Jr.
Cetera to advisors: Selling your practice requires our OK
INDEPENDENT BROKER DEALERS MAR 29, 2023
Cetera to advisors: Selling your practice requires our OK

If financial advisors don't seek the firm's approval, they risk running afoul of securities regulators, Cetera said.

By Bruce Kelly
Morgan Stanley ordered to pay $782,272 for mishandling estate
RETIREMENT PLANNING MAR 29, 2023
Morgan Stanley ordered to pay $782,272 for mishandling estate

Finra arbitrators ruled on the estate's claim that Morgan Stanley ignored rules laid out by a court for how funds in the estate were to be handled.

By Mark Schoeff Jr.
SEC faults new advisors for compliance shortcomings
PRACTICE MANAGEMENT MAR 28, 2023
SEC faults new advisors for compliance shortcomings

The agency's examinations found programs weren't tailored to business models and were inadequately funded.

By Mark Schoeff Jr.
Coca-Cola Bottlers' Association reaches deal to settle 401(k) lawsuit
RETIREMENT PLANNING MAR 28, 2023
Coca-Cola Bottlers' Association reaches deal to settle 401(k) lawsuit

Once approved by the court, it is expected to benefit more than 64,000 people covered by the Coca-Cola retirement plan since February 2015.

By Gregg Greenberg
Overcoming ‘policy differences’ takes work early in rulemaking process: SEC's Peirce
REGULATION AND LEGISLATION MAR 27, 2023
Overcoming ‘policy differences’ takes work early in rulemaking process: SEC's Peirce

The commissioner characterizes SEC Chair Gensler's agenda as seeking dramatic regulatory change over 'huge swaths of the market,' while his predecessor, Jay Clayton, was more incremental.

By Mark Schoeff Jr.
Investors focus on climate, abortion access in potential record proxy season
MUTUAL FUNDS MAR 27, 2023
Investors focus on climate, abortion access in potential record proxy season

After last year's Supreme Court decision overturning Roe v. Wade, more companies face votes on reproductive health care.

By Emile Hallez
First Citizens to buy Silicon Valley Bank after run on lender
REGULATION AND LEGISLATION MAR 27, 2023
First Citizens to buy Silicon Valley Bank after run on lender

The deal transforms North Carolina-based First Citizens into one of the top 15 U.S. banks, as it buys about $72 billion of SVB's assets at a discount of $16.5 billion.

By Bloomberg
UBS, Credit Suisse among banks facing US probe into Russia sanctions
WIREHOUSES MAR 24, 2023
UBS, Credit Suisse among banks facing US probe into Russia sanctions

As the Justice Department investigates whether financial professionals helped Russian oligarchs evade sanctions, subpoenas also went to employees of some major US banks.

By Bloomberg