Regulation And Legislation

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Sticking with WORM may leave advisory firms in the dust
OPINION MAR 15, 2023
Sticking with WORM may leave advisory firms in the dust

The SEC's amendment to rule 17a-4 represents a tremendous opportunity to bring firms' record-keeping systems into the 21st century.

By Bill Simpson
Opponents of DOL ESG rule violate fiduciary duty to retirement savers
RIA NEWS MAR 15, 2023
Opponents of DOL ESG rule violate fiduciary duty to retirement savers

In an effort to prove they're anti-woke, Republicans are ignoring risk factors that could affect returns, not to mention market signals.

By Mark Schoeff Jr.
SEC set to step up number of onsite exams
REGULATION AND LEGISLATION MAR 14, 2023
SEC set to step up number of onsite exams

'Having the interaction with registrants is really critical,' Natasha Vij Greiner, deputy director of the SEC's Division of Examinations, told an Investment Adviser Association conference.

By Mark Schoeff Jr.
IAA advocates for advisors as portals to private investments for clients
ALTERNATIVES MAR 14, 2023
IAA advocates for advisors as portals to private investments for clients

The trade association is trying to insert language into capital formation legislation that would deem investors accredited if they work with a fiduciary advisor.

By Mark Schoeff Jr.
Marketing rule ‘represents balance’ in mandate to back up claims: SEC official
PRACTICE MANAGEMENT MAR 13, 2023
Marketing rule ‘represents balance’ in mandate to back up claims: SEC official

'It doesn’t require literally a bible or book of every single claim made in any ad ever to be retained forever,' Thoreau Bartmann, an SEC counsel, told an Investment Adviser Association conference in Washington.

By Mark Schoeff Jr.
SEC inquiry targets Edward Jones brokers' use of messaging apps
FINTECH MAR 13, 2023
SEC inquiry targets Edward Jones brokers' use of messaging apps

Keeping tabs on texts and messaging has been difficult for the industry, and fines have been mounting.

By Emile Hallez
Bank failures spotlight cash management platforms
RIA NEWS MAR 13, 2023
Bank failures spotlight cash management platforms

Financial advisors look for creative ways to keep client cash accounts from going over the $250,000 limit on FDIC coverage.

By Jeff Benjamin
Schwab seeks to reassure investors following SVB collapse
PRACTICE MANAGEMENT MAR 13, 2023
Schwab seeks to reassure investors following SVB collapse

The firm says it has sufficient liquidity to handle any volatility and that more than 80% of deposits are insured by the FDIC.

By Bloomberg
Fed introduces new backstop for banks
REGULATION AND LEGISLATION MAR 13, 2023
Fed introduces new backstop for banks

In a move to shore up confidence in the banking system, the Fed program will provide banks with one-year loans under easier terms than usual.

By Bloomberg
Workplace digital tools: Prohibition alone won’t work
OPINION MAR 10, 2023
Workplace digital tools: Prohibition alone won’t work

The SEC doesn’t care whether advisors or staff are banned from using apps or tools. What’s important to them is that firms fulfill their capture and retention responsibilities.

By Kim Crawford Goodman
Bipartisan lawmakers warn SEC to tread carefully on mutual fund proposal
MUTUAL FUNDS MAR 10, 2023
Bipartisan lawmakers warn SEC to tread carefully on mutual fund proposal

GOP Rep. Ann Wagner and Democrat Brad Sherman, leaders of a committee with SEC jurisdiction, echo financial industry concerns that the plan will harm retirement savers.

By Mark Schoeff Jr.
SVB failure leaves advisors, analysts questioning deeper risks in US banking system
REGULATION AND LEGISLATION MAR 10, 2023
SVB failure leaves advisors, analysts questioning deeper risks in US banking system

The California bank's problems show how higher interest rates make it harder to keep deposits on the books.

By Jeff Benjamin
Regulators make noise, and advisors lose jobs
INDEPENDENT BROKER DEALERS MAR 09, 2023
Regulators make noise, and advisors lose jobs

Financial advisors should pay attention to regulators' concerns, since it's often advisors or firm executives who don't follow industry rules to the letter who may be discharged.

By Bruce Kelly
Trading app fined $3M for letting youngsters trade options spreads
FINTECH MAR 09, 2023
Trading app fined $3M for letting youngsters trade options spreads

Webull Financial failed to conduct adequate due diligence on customers, Finra found, but the company did not admit or deny fault.

By Emile Hallez
Fledgling IFP Securities' net capital deficit was an 'accounting error,' CEO says
INDEPENDENT BROKER DEALERS MAR 09, 2023
Fledgling IFP Securities' net capital deficit was an 'accounting error,' CEO says

CEO Bill Hamm said the net capital deficit of $120,000 shown in IFP's Focus report was the result of accrual accounting.

By Bruce Kelly
Biden to urge 25% billionaire tax in budget proposal
RETIREMENT PLANNING MAR 09, 2023
Biden to urge 25% billionaire tax in budget proposal

The proposal, which has little chance of passing Congress, would also raise the top tax rate for Americans making $400,000, to 39.6% from 37%, reversing one of Trump's tax cuts.

By Bloomberg
Finra fines, restitution and enforcement actions all declined last year, study says
REGULATION AND LEGISLATION MAR 08, 2023
Finra fines, restitution and enforcement actions all declined last year, study says

Eversheds Sutherland's review of public reports found that Finra's monetary sanctions totaled $72 million last year, down from $150 million in 2021.

By Mark Schoeff Jr.
Federal appeals court questions SEC's decision to reject Grayscale bitcoin ETF proposal
ALTERNATIVES MAR 07, 2023
Federal appeals court questions SEC's decision to reject Grayscale bitcoin ETF proposal

Grayscale sued, asking the DC Circuit Court to overturn a decision the firm called arbitrary and discriminatory because the agency had already approved ETFs that track bitcoin futures.

By Bloomberg
Oppenheimer loses another arbitration case over alleged Ponzi scheme
REGULATION AND LEGISLATION MAR 07, 2023
Oppenheimer loses another arbitration case over alleged Ponzi scheme

The $1.5 million award to two investors follows a $36.7 million loss for Oppenheimer last September in a dispute involving the Horizon Private Equity III fund.

By Mark Schoeff Jr.
Biden proposes tax hike on income over $400,000 to fund Medicare
RETIREMENT PLANNING MAR 07, 2023
Biden proposes tax hike on income over $400,000 to fund Medicare

The president's proposal, which would also give the government new power to negotiate drug prices, would extend the solvency of the Medicare trust fund beyond 2050, the White House says.

By Bloomberg