Regulation And Legislation

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How to keep elderly clients safe from scams this holiday season
RETIREMENT PLANNING DEC 01, 2022
How to keep elderly clients safe from scams this holiday season

There are many ways financial advisers can protect elderly clients from financial abuse. The first trick is to spot it.

By Gregg Greenberg
Finra arbitrators order barred broker to pay investors $5.7 million for Reg D offering
REGULATION AND LEGISLATION NOV 30, 2022
Finra arbitrators order barred broker to pay investors $5.7 million for Reg D offering

Dana Vietor of Independence, Iowa, had solicited investments to buy a building in Dallas to house cancer treatment and other equipment.

By Mark Schoeff Jr.
Like sand through an hourglass: Gensler puts ‘intermediaries’ in regulatory crosshairs
REGULATION AND LEGISLATION NOV 29, 2022
Like sand through an hourglass: Gensler puts ‘intermediaries’ in regulatory crosshairs

The SEC chairman wants to reduce the costs of the men and women in the middle of the market. That means you, InvestmentNews readers.

By Mark Schoeff Jr.
Bitwise files for bitcoin futures ETF despite crypto woes
ALTERNATIVES NOV 28, 2022
Bitwise files for bitcoin futures ETF despite crypto woes

The Bitcoin Strategy Optimum Yield ETF would offer managed exposure to bitcoin futures contracts traded on the CME and investments in short-term debt securities.

By Bloomberg
DOL turns its focus to next iteration of investment advice reg
REGULATION AND LEGISLATION NOV 28, 2022
DOL turns its focus to next iteration of investment advice reg

Now that the agency has finalized the ESG rule, it's likely to cast a wider net to establish who has a fiduciary duty to retirement savers. A new deadline is pending.

By Mark Schoeff Jr.
Are semitransparent ETFs inadvertently creating a market for fully transparent ETFs?
RIA NEWS NOV 23, 2022
Are semitransparent ETFs inadvertently creating a market for fully transparent ETFs?

After nearly a decade of fighting for regulatory approval of semitransparent ETFs, the asset management industry is realizing what investors really want.

By Jeff Benjamin
Finra spanks Morgan Stanley over sales of high-risk stocks
PRACTICE MANAGEMENT NOV 23, 2022
Finra spanks Morgan Stanley over sales of high-risk stocks

The Finra penalty included a fine of $200,000 and restitution to clients of $498,000 plus interest.

By Bruce Kelly
Goldman Sachs to pay $4 million SEC penalty in ESG fund case
RIA NEWS NOV 22, 2022
Goldman Sachs to pay $4 million SEC penalty in ESG fund case

The regulator claims Goldman's asset management unit failed to properly weigh environmental, social and governance factors in some investment products.

By Bloomberg
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.