Regulation And Legislation

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DOL's final ESG rule puts an end to Trump administration restrictions
RETIREMENT PLANNING NOV 22, 2022
DOL's final ESG rule puts an end to Trump administration restrictions

The new rule frees retirement plan advisers to incorporate risk and return factors associated with climate change and other ESG investment alternatives.

By Mark Schoeff Jr.
Sen. Tester concerned about impact of SEC climate rules on farmers
REGULATION AND LEGISLATION NOV 21, 2022
Sen. Tester concerned about impact of SEC climate rules on farmers

The Montana Democrat's pushback gives a bipartisan tenor to ESG skepticism that so far has been voiced loudly by Republicans.

By Mark Schoeff Jr.
Financial firms, lobbying organizations urge Congress to vote on SECURE 2.0
RETIREMENT PLANNING NOV 18, 2022
Financial firms, lobbying organizations urge Congress to vote on SECURE 2.0

Provisions such as raising the RMD age and expanding workplace retirement coverage, which have been approved by the House and by Senate committees, must be rolled into one bill and enacted before year-end.

By Mark Schoeff Jr.
Colorado revisions to financial planning guide don't quiet a critic
PRACTICE MANAGEMENT NOV 17, 2022
Colorado revisions to financial planning guide don't quiet a critic

The state is concerned that fee-for-service financial planners aren't aligning their charges with work done for clients. Michael Kitces said the guidance remains biased toward the AUM model.

By Mark Schoeff Jr.
Lawmakers, Finra increase scrutiny of cryptocurrency
ALTERNATIVES NOV 16, 2022
Lawmakers, Finra increase scrutiny of cryptocurrency

The regulator has launched an exam sweep of brokerages' communications with customers about digital assets, while the House Financial Services Committee plans to hold a hearing on the FTX bankruptcy.

By Mark Schoeff Jr.
Lame-duck Congress eyes $100 billion tax-cut package
REGULATION AND LEGISLATION NOV 16, 2022
Lame-duck Congress eyes $100 billion tax-cut package

Republicans want tax breaks for private equity, manufacturers and businesses, while Democrats want to expand the child tax credit.

By Bloomberg
SEC officials tell advisers to put clients’ interests first, tell truth in ads
PRACTICE MANAGEMENT NOV 15, 2022
SEC officials tell advisers to put clients’ interests first, tell truth in ads

A seminar offers some insight into what the agency is looking for in firms' compliance with Reg BI and the marketing rule.

By Mark Schoeff Jr.
SEC collects record penalties in FY 2022 enforcement actions
REGULATION AND LEGISLATION NOV 15, 2022
SEC collects record penalties in FY 2022 enforcement actions

'This past fiscal year, we sought to recalibrate penalties to more effectively promote deterrence,' said SEC enforcement director Gurbir Grewal.

By Mark Schoeff Jr.
Crypto space braces for double-edged sword of regulatory oversight in FTX's wake
ALTERNATIVES NOV 15, 2022
Crypto space braces for double-edged sword of regulatory oversight in FTX's wake

While some claim more regulatory clarity could have helped prevent an event like the FTX collapse, others argue new rules take time and might not be what investors are hoping for.

By Jeff Benjamin
S&P to pay $2.5 million to settle SEC conflict-of-interest charges
PRACTICE MANAGEMENT NOV 15, 2022
S&P to pay $2.5 million to settle SEC conflict-of-interest charges

The securities watchdog’s order asserted that the rating of a mortgage-backed security deal in 2017 was at issue.

By InvestmentNews
Demand for alternative investments points to major portfolio reallocations
RIA NEWS NOV 15, 2022
Demand for alternative investments points to major portfolio reallocations

Changing regulations are combining with technology to potentially push $10 trillion into alt strategies by 2030.

By Jeff Benjamin
CFP Board seeks time limit on reinstating suspended mark
PRACTICE MANAGEMENT NOV 14, 2022
CFP Board seeks time limit on reinstating suspended mark

The organization is continuing to update its enforcement procedures to align with the revised code of conduct that went into force in 2020.

By Mark Schoeff Jr.
FTX collapse fails to derail investments into crypto funds
ALTERNATIVES NOV 14, 2022
FTX collapse fails to derail investments into crypto funds

Crypto bulls see the sell-off as a buying opportunity and distinguish the offshore platform from regulated funds and U.S.-based platforms.

By Jeff Benjamin
SEC exams director reticent about how agency will probe marketing rule
PRACTICE MANAGEMENT NOV 11, 2022
SEC exams director reticent about how agency will probe marketing rule

But a former SEC official told the audience at the ComplyConnect conference in Austin not to expect the agency to be lenient in initial exams.

By Mark Schoeff Jr.
SEC bars adviser already sentenced to 6 years in prison
ALTERNATIVES NOV 11, 2022
SEC bars adviser already sentenced to 6 years in prison

Martin A. Ruiz took $8 million of client money and spent the vast majority of the funds on personal expenses.

By Bruce Kelly
Midterms result in status quo with a twist on Capitol Hill
REGULATION AND LEGISLATION NOV 10, 2022
Midterms result in status quo with a twist on Capitol Hill

A push to restore and expand a tax break for investment advice and other issues affecting advisers is likely to be stalled by gridlock.

By Mark Schoeff Jr.
SEC exams director warns advisers to strengthen cyber defenses
FINTECH NOV 09, 2022
SEC exams director warns advisers to strengthen cyber defenses

Richard Best tells an audience of compliance professionals that online attacks pose a threat to firms of all sizes.

By Mark Schoeff Jr.
JPMorgan, money managers pushing back against proposed SEC names rule
RIA NEWS NOV 08, 2022
JPMorgan, money managers pushing back against proposed SEC names rule

The agency is floating tighter rules that would require certain funds to have at least 80% of assets correspond to investment strategies listed in their names.

By Bloomberg
Supreme Court hearing arguments to allow challenges to SEC, FTC
REGULATION AND LEGISLATION NOV 07, 2022
Supreme Court hearing arguments to allow challenges to SEC, FTC

The justices are considering whether those facing agency claims can go straight to federal court with constitutional challenges — including attacks on the use of in-house judges to handle cases.

By Bloomberg
Platform lets retirement savers access crypto investments
RETIREMENT PLANNING NOV 07, 2022
Platform lets retirement savers access crypto investments

ForUsAll says its Alt401(k) platform enables employees to invest in crypto through a brokerage window. Meanwhile, the firm has filed a lawsuit challenging the DOL's crypto warning.

By Mark Schoeff Jr.