Regulation And Legislation

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Agenda-driven SEC determined to prevail despite critics’ pushback
NEWS REGULATION AND LEGISLATION JUL 11, 2022
Agenda-driven SEC determined to prevail despite critics’ pushback

The latest iteration of Chairman Gary Gensler's agenda contains 53 pending proposals. The financial industry is nervous.

By Mark Schoeff Jr.
SECURE 2.0 occupies rare common ground, tees up progress
NEWS RETIREMENT PLANNING JUL 11, 2022
SECURE 2.0 occupies rare common ground, tees up progress

The House approved the retirement-industry boosting SECURE Act 2.0 in a landslide, setting the stage for a Senate vote in the back half of 2022.

By Gregg Greenberg
Reg BI enters Top 15 of customer claims in Finra arbitration
NEWS REGULATION AND LEGISLATION JUL 08, 2022
Reg BI enters Top 15 of customer claims in Finra arbitration

Regulation Best Interest now ranks 14th on the list of the types of controversies involved in disputes between customers and brokerages. It likely will keep rising on the list.

By Mark Schoeff Jr.
Massachusetts orders Vanguard to repay investors $5.5 million for TDF taxes
NEWS MUTUAL FUNDS JUL 06, 2022
Massachusetts orders Vanguard to repay investors $5.5 million for TDF taxes

Vanguard lowered the account minimum for an institutional target-date fund, causing a migration from the retail TDF, leaving those who held onto it in taxable accounts with a big capital gains bill.

By Mark Schoeff Jr.
Advisers must weigh whether to be first to use testimonials for marketing
NEWS RIAS JUL 06, 2022
Advisers must weigh whether to be first to use testimonials for marketing

An Investment Adviser Association survey shows that for the second year in a row, the SEC advertising rule is the top compliance concern.

By Mark Schoeff Jr.
Trying to cheat on CFP exam, failing to pay taxes result in bars on using designation
NEWS REGULATION AND LEGISLATION JUL 05, 2022
Trying to cheat on CFP exam, failing to pay taxes result in bars on using designation

The Certified Financial Planner Board of Standards Inc. issues 17 sanctions in its latest round of disciplinary actions.

By Mark Schoeff Jr.
Finra achieves blockbuster financial year in 2021
NEWS REGULATION AND LEGISLATION JUL 01, 2022
Finra achieves blockbuster financial year in 2021

The broker-dealer self-regulator's net income of $218 million was $199 million higher than in 2020, thanks to significant increases in trading fees, investment gains and fines.

By Mark Schoeff Jr.
Finra arbitration orders D.E. Shaw to pay former manager $52 million in defamation suit
NEWS ALTERNATIVES JUN 30, 2022
Finra arbitration orders D.E. Shaw to pay former manager $52 million in defamation suit

Four years after being fired for sexual misconduct, Daniel Michalow wins his defamation case against the $60 billion hedge fund.

By Jeff Benjamin
Gensler: SEC working on bulletins to illuminate aspects of Reg BI
NEWS REGULATION AND LEGISLATION JUN 30, 2022
Gensler: SEC working on bulletins to illuminate aspects of Reg BI

On the second anniversary of its going into force, the SEC chief is trying to get the most out of a rule he inherited.

By Mark Schoeff Jr.
UBS to pay punitive damages in $1.3 million arbitration loss over options strategy
NEWS ALTERNATIVES JUN 30, 2022
UBS to pay punitive damages in $1.3 million arbitration loss over options strategy

The award contains two unusual features: $500,000 in punitive damages to the clients and a two-to-one split decision among the three-person panel.

By Bruce Kelly
Social Security program needs reform now
NEWS RETIREMENT PLANNING JUN 30, 2022
Social Security program needs reform now

Congress continues to ignore the fact that Social Security's trust fund is expected to run out of money in 2035, which would result in a 20% cut in benefits.

By Mary Beth Franklin
Grayscale suing SEC after its Bitcoin ETF is rejected
NEWS ALTERNATIVES JUN 30, 2022
Grayscale suing SEC after its Bitcoin ETF is rejected

The regulator found that the listing proposal didn’t do enough to prevent fraud and manipulation.

By Bloomberg
SEC orders UBS to pay $25 million over fraud involving YES options strategy
NEWS ALTERNATIVES JUN 29, 2022
SEC orders UBS to pay $25 million over fraud involving YES options strategy

The agency said UBS reps didn't understand the complex product or whether buying it was in a client's best interests.

By Mark Schoeff Jr.
Law firm hired by Finra bats down criticism of its selection of arbitrators
NEWS REGULATION AND LEGISLATION JUN 29, 2022
Law firm hired by Finra bats down criticism of its selection of arbitrators

The review by Lowenstein Sandler gives no credence to a Georgia judge's critique of Finra's process for selecting arbitration panelists.

By Bruce Kelly
Crypto tax cheats likely to get relief as US crackdown hits snag
NEWS ALTERNATIVES JUN 29, 2022
Crypto tax cheats likely to get relief as US crackdown hits snag

Firms are supposed to begin tracking data such as customers’ capital gains and losses starting in January.

By Bloomberg
Why finfluencers especially resonate with women and minorities
NEWS FINTECH JUN 28, 2022
Why finfluencers especially resonate with women and minorities

Style often trumps substance for personal finance commentators on social media platforms, though some are blending the best of digital and traditional advice

By Joanne Cleaver
Burr hopes to include 529-to-Roth bill in final retirement legislation
NEWS RETIREMENT PLANNING JUN 28, 2022
Burr hopes to include 529-to-Roth bill in final retirement legislation

The provision was rejected as an amendment to the Senate Finance Committee's EARN Act, but it could reemerge in a final bill sent to the floor of the House and Senate.

By Mark Schoeff Jr.
Cetera Financial Group hacked via printing vendor
NEWS FINTECH JUN 28, 2022
Cetera Financial Group hacked via printing vendor

The 'external system breach' put the Social Security numbers of 2,188 of the firm's clients at risk, according to the Maine Attorney General's office.

By Bruce Kelly
Finra allocates $30 million of fine money to educate self-directed online investors  
NEWS REGULATION AND LEGISLATION JUN 27, 2022
Finra allocates $30 million of fine money to educate self-directed online investors  

Part of the record penalty imposed last year on Robinhood will be used to help potential future customers protect themselves, according to Finra's annual report on fine monies.

By Mark Schoeff Jr.
Citigroup private banker gets $1.4 million in harassment claim
NEWS PRACTICE MANAGEMENT JUN 27, 2022
Citigroup private banker gets $1.4 million in harassment claim

A Finra arbitration panel rules in favor of Erin Daly, who filed a federal complaint against Citigroup alleging gender discrimination.

By Bruce Kelly