Regulation And Legislation

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CEO Scharf sees 'several years' of regulatory work ahead for Wells Fargo
WIREHOUSES SEP 20, 2022
CEO Scharf sees 'several years' of regulatory work ahead for Wells Fargo

The bank remains committed to turning itself around after a series of scandals, but implementing all its plans will take time, Scharf said in prepared testimony for a congressional committee hearing.

By Bloomberg
NASAA model rules let advisers maintain licenses while out of industry
PRACTICE MANAGEMENT SEP 20, 2022
NASAA model rules let advisers maintain licenses while out of industry

The move aligns state policy with a Finra initiative that extended the grace from two to five years as long as brokers stay current on continuing education.

By Mark Schoeff Jr.
Morgan Stanley hit with $35 million SEC fine over data security
FINTECH SEP 20, 2022
Morgan Stanley hit with $35 million SEC fine over data security

When the bank replaced hard drives and servers, it improperly disposed of thousands of devices, compromising the personal data of about 15 million clients.

By Bloomberg
SEC to probe whether advisers can back up ads in marketing-rule reviews
PRACTICE MANAGEMENT SEP 19, 2022
SEC to probe whether advisers can back up ads in marketing-rule reviews

A risk alert released Monday gives advisers a preview of how the agency will assess compliance with the regulation, which overhauls advertising restrictions for the first time in 60 years.

By Mark Schoeff Jr.
State regulators say Finra expungement reform falls short
REGULATION AND LEGISLATION SEP 19, 2022
State regulators say Finra expungement reform falls short

Finra's rule proposal would tighten the process for clearing customer disputes from broker records, but NASAA is not yet on board.

By Mark Schoeff Jr.
Judge orders SEC to settle with alleged Philly loan scheme: Report
ALTERNATIVES SEP 19, 2022
Judge orders SEC to settle with alleged Philly loan scheme: Report

Last week, Judge Rodolfo Ruiz gave the SEC 10 days to negotiate a settlement with Par Funding founders Joseph LaForte and his wife, Lisa McElhone.

By Bruce Kelly
Fast start on rules creates perception Gensler’s agenda eclipses predecessors’
REGULATION AND LEGISLATION SEP 16, 2022
Fast start on rules creates perception Gensler’s agenda eclipses predecessors’

The SEC chief wants to wring cost savings out of the middle of the financial markets, where intermediaries make money.

By Mark Schoeff Jr.
ETFs that track stock trades of members of Congress planned
MUTUAL FUNDS SEP 16, 2022
ETFs that track stock trades of members of Congress planned

A pair of exchange-traded funds would analyze the financial disclosure of lawmakers from both parties and their spouses and dependent children.

By Bloomberg
Democratic state treasurers blast anti-ESG counterparts
REGULATION AND LEGISLATION SEP 15, 2022
Democratic state treasurers blast anti-ESG counterparts

A group of 13 signed an open letter that calls out moves against ESG criteria being used in investing public money as politically motivated.

By Emile Hallez
SEC slaps B-D with $100,000 penalty for not registering as muni adviser
FIXED INCOME SEP 15, 2022
SEC slaps B-D with $100,000 penalty for not registering as muni adviser

Chicago’s Loop Capital Markets helped an unnamed Midwestern city buy fixed-income securities.

By InvestmentNews
Gensler stands ground on climate disclosure despite lawmaker concerns
REGULATION AND LEGISLATION SEP 15, 2022
Gensler stands ground on climate disclosure despite lawmaker concerns

The top Republican on the Senate Banking Committee pressed the SEC chair to scrap an agency proposal to require climate reporting by public companies.

By Mark Schoeff Jr.
Oppenheimer points to arbitrator's military service as conflict: Attorney
REGULATION AND LEGISLATION SEP 15, 2022
Oppenheimer points to arbitrator's military service as conflict: Attorney

Oppenheimer's charge of "evident partiality" by an arbitrator in the $36.7 million decision it lost last week revisits the question of fairness in arbitration proceedings.

By Bruce Kelly
Why has Knut Rostad lost faith in the SEC?
REGULATION AND LEGISLATION SEP 14, 2022
Why has Knut Rostad lost faith in the SEC?

During Fiduciary September, the head of the Institute for the Fiduciary Standard worries that the SEC is eroding the standard.

By Mark Schoeff Jr.
Single-stock ETFs take the field but many yellow flags are falling
RIA NEWS SEP 12, 2022
Single-stock ETFs take the field but many yellow flags are falling

Regulators, analysts and financial advisers worry the easy access to enhanced performance will hurt unsophisticated investors.

By Jeff Benjamin
DOL orders Wells Fargo to pay $145 million over 401(k) company stock purchases
RETIREMENT PLANNING SEP 12, 2022
DOL orders Wells Fargo to pay $145 million over 401(k) company stock purchases

The Wells Fargo retirement plan paid more than fair market value for stock that diminished participants' savings when it was allocated to their accounts.

By Mark Schoeff Jr.
Ex-LPL broker pleads guilty in $2.8 million fraud
REGULATION AND LEGISLATION SEP 12, 2022
Ex-LPL broker pleads guilty in $2.8 million fraud

James K. Couture of Massachusetts pleaded guilty to four counts of wire fraud, four counts of aggravated identity theft, one count of investment adviser fraud and one count of witness tampering.

By Bruce Kelly
Finra fines BofA Securities $5 million over options reporting
REGULATION AND LEGISLATION SEP 12, 2022
Finra fines BofA Securities $5 million over options reporting

The firm failed to report positions to the Large Options Positions Reporting system in more than 7.4 million instances.

By InvestmentNews
SEC orders 9 advisory firms to pay more than $1 million for custody violations
PRACTICE MANAGEMENT SEP 09, 2022
SEC orders 9 advisory firms to pay more than $1 million for custody violations

The firms managed private funds and fell short of custody compliance by failing to give investors audited financial statements about the funds.

By Mark Schoeff Jr.
Finra cuffs another broker-dealer over GPB sales
ALTERNATIVES SEP 09, 2022
Finra cuffs another broker-dealer over GPB sales

The actions outlined in Finra settlement with Sanctuary predate Sanctuary’s acquisition of David A. Noyes, a company spokesperson notes.

By Bruce Kelly
SEC emphasizes ‘best interest’ aspect of Reg BI, fiduciary duty
REGULATION AND LEGISLATION SEP 08, 2022
SEC emphasizes ‘best interest’ aspect of Reg BI, fiduciary duty

Broker and adviser standards of conduct differ in some respects but should result in the same outcome for investor protection, an agency official said.

By Mark Schoeff Jr.