Regulation And Legislation

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Oppenheimer moves to cancel $36.7 million arbitration decision
ALTERNATIVES OCT 31, 2022
Oppenheimer moves to cancel $36.7 million arbitration decision

While the firm filed a motion to vacate the award in Superior Court in DeKalb County, Georgia, it's extremely rare for courts to overturn Finra arbitration decisions.

By Bruce Kelly
Democrats won’t lose SEC majority on election night
REGULATION AND LEGISLATION OCT 28, 2022
Democrats won’t lose SEC majority on election night

That's why Chairman Gary Gensler will be able to proceed with his agenda, experts says. But he'll get plenty of GOP pushback for being too aggressive.

By Mark Schoeff Jr.
Restricting advisers' independent contractor status is a no-win for everyone
OPINION OCT 28, 2022
Restricting advisers' independent contractor status is a no-win for everyone

It's critical that the DOL and members of Congress hear from advisers what their independent classification means, not just to them but to their clients as well.

By Dale Brown
Some advisers welcome increased regulatory scrutiny of outsourcing
FINTECH OCT 27, 2022
Some advisers welcome increased regulatory scrutiny of outsourcing

A fiduciary mindset when vetting third-party providers should keep them out of trouble, some say. But there are concerns about the regulatory costs entailed for small firms.

By Mark Schoeff Jr.
International CFP standards group names new CEO
PRACTICE MANAGEMENT OCT 27, 2022
International CFP standards group names new CEO

Dante De Gori served previously as the chief executive officer of the Financial Planning Association of Australia.

By InvestmentNews
Shared responsibility for winning diverse talent and clients will reap shared results
PRACTICE MANAGEMENT OCT 27, 2022
Shared responsibility for winning diverse talent and clients will reap shared results

Cultural competency is within reach even as the profession persists with its long-term initiatives.

By Joanne Cleaver
Divided SEC proposes new requirements for investment adviser outsourcing
REGULATION AND LEGISLATION OCT 26, 2022
Divided SEC proposes new requirements for investment adviser outsourcing

Advisers would have to step up due diligence and monitoring of third-party providers, potentially including those who provide portfolio management and indexing.

By Mark Schoeff Jr.
Federal court orders company and its owner to repay 401(k) plan
RETIREMENT PLANNING OCT 26, 2022
Federal court orders company and its owner to repay 401(k) plan

The president and owner of an Illinois-based health care company failed to make necessary contributions to the retirement plan.

By InvestmentNews
Finra develops searchable rulebook to help brokerages navigate compliance
PRACTICE MANAGEMENT OCT 25, 2022
Finra develops searchable rulebook to help brokerages navigate compliance

How well the system works will depend on the quality of the taxonomy, a compliance expert said.

By Mark Schoeff Jr.
Gensler says final rule on climate disclosure is not imminent
REGULATION AND LEGISLATION OCT 24, 2022
Gensler says final rule on climate disclosure is not imminent

In an appearance at SIFMA's annual conference, the SEC leader declined to provide a timeline for final regulations on his broad agenda.

By Mark Schoeff Jr.
Democrats urge JP Morgan, Wells Fargo to cease funding of anti-ESG group
RIA NEWS OCT 24, 2022
Democrats urge JP Morgan, Wells Fargo to cease funding of anti-ESG group

Federated Hermes has indicated that it will end membership of the State Financial Officers Foundation.

By Emile Hallez
Four states move to shut down investment scheme tied to metaverse casinos
ALTERNATIVES OCT 24, 2022
Four states move to shut down investment scheme tied to metaverse casinos

State regulators filed cease-and-desist orders against an organization based in the country of Georgia that was selling non-fungible tokens known as Slotie NFTs.

By Mark Schoeff Jr.
High stakes in midterm elections
RIA NEWS OCT 24, 2022
High stakes in midterm elections

There’s a lot more than control of the House and Senate on the ballot in November, especially for Gary Gensler and the SEC.

By Mark Schoeff Jr.
Finra smacks Raymond James with $1.15 million penalty over compliance shortcomings
INDEPENDENT BROKER DEALERS OCT 21, 2022
Finra smacks Raymond James with $1.15 million penalty over compliance shortcomings

Raymond James Financial Services overlooked 'multiple red flags' related to the activities of two brokers, according to Finra.

By Bruce Kelly
Republicans, Democrats could agree on some adviser issues after midterm elections
ALTERNATIVES OCT 20, 2022
Republicans, Democrats could agree on some adviser issues after midterm elections

There's some chance that members of both parties will want to open private markets to more ordinary investors.

By Mark Schoeff Jr.
Investment scams targeting the elderly surge, government agency reports
ALTERNATIVES OCT 20, 2022
Investment scams targeting the elderly surge, government agency reports

The Federal Trade Commission says older Americans lost $147 million in 2021, up 213% from 2020, with crypto rip-offs being a leading culprit.

By Mark Schoeff Jr.
Alaska slaps ‘adviser’ with $7.4 million in penalties
REGULATION AND LEGISLATION OCT 20, 2022
Alaska slaps ‘adviser’ with $7.4 million in penalties

Garrett Elder and his Tycoon Trading firm also ordered to pay $7.4 million in restitution for issuing and selling unregistered securities.

By InvestmentNews
IRS gives more clarity on how to report digital assets
ALTERNATIVES OCT 19, 2022
IRS gives more clarity on how to report digital assets

In the 2022 tax form draft instructions, the agency explicitly says that digital assets include NFTs and virtual currencies.

By Bloomberg
Swamped by legal costs, broker-dealer files for bankruptcy protection
ALTERNATIVES OCT 19, 2022
Swamped by legal costs, broker-dealer files for bankruptcy protection

Atlanta-based Kalos Capital has been crushed by more than $9 million in legal fees and costs related to sales of GPB private placements.

By Bruce Kelly
House GOP uses SEC comment glitch to question agency's agenda
REGULATION AND LEGISLATION OCT 18, 2022
House GOP uses SEC comment glitch to question agency's agenda

Republicans on the House Financial Services Committee give a preview of the pressure they're likely to apply to SEC Chairman Gary Gensler if the party takes over the House in the midterm elections.

By Mark Schoeff Jr.