Regulation And Legislation

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VA settlement could lead RIAs, insurers, states to ramp up oversight
RETIREMENT PLANNING AUG 11, 2021
VA settlement could lead RIAs, insurers, states to ramp up oversight

The case shows California is paying attention to annuity recommendations made through RIAs, and other state insurance departments could follow its lead. The settlement could also lead insurers and licensed third parties that work with RIAs to scrutinize recommendations more carefully, if they don't already vet them closely.

By Emile Hallez
Finra targets options trading in latest exam sweep
ALTERNATIVES AUG 11, 2021
Finra targets options trading in latest exam sweep

The regulator is probing how brokerages approve and monitor options trading for customers and is requesting information pertaining to self-directed accounts and accounts in which a registered representative made recommendations.

By Mark Schoeff Jr.
Gensler seeks Warren's help in crypto exchange crackdown
ALTERNATIVES AUG 11, 2021
Gensler seeks Warren's help in crypto exchange crackdown

The SEC chairman tells Sen. Warren that lawmakers should give watchdogs clear powers to write rules for exchanges, including DeFi trading venues.

By Bloomberg
SEC's Gensler takes to Twitter to push mandatory climate disclosures
REGULATION AND LEGISLATION AUG 10, 2021
SEC's Gensler takes to Twitter to push mandatory climate disclosures

The SEC leader used an analogy inspired by the 2020 Olympic Games to support increased public-company reporting. 'It's time for the Commission to take the baton,' he posted on Twitter.

By Mark Schoeff Jr.
SEC accuses adviser of scamming $700,000 from sect members
REGULATION AND LEGISLATION AUG 10, 2021
SEC accuses adviser of scamming $700,000 from sect members

Evarist Amah of New Rochelle, New York, is charged with producing phony statements to fleece co-religionists.

By InvestmentNews
Morgan Stanley liable for trading Apple stock without customer's consent
REGULATION AND LEGISLATION AUG 09, 2021
Morgan Stanley liable for trading Apple stock without customer's consent

The three-person, all-public panel awarded the investor $640,747, mostly in compensatory damages, but denied punitive damages, according to a Finra arbitration award.

By Mark Schoeff Jr.
Nasdaq wins SEC support for plan to diversify boards
PRACTICE MANAGEMENT AUG 07, 2021
Nasdaq wins SEC support for plan to diversify boards

The exchange will direct its listed companies to pursue board diversity — by having at least one female board member and at least one who identifies as a member of an underrepresented minority or LGBTQ — or explain why they don’t.

By Bloomberg
Why adviser groups won't completely shun lawmakers who voted to overturn the 2020 election
REGULATION AND LEGISLATION AUG 06, 2021
Why adviser groups won't completely shun lawmakers who voted to overturn the 2020 election

The Investment Adviser Association isn't giving to the 147 legislators who voted to decertify presidential results. The Investment Company Institute has suspended donations for now. Other groups left the door open.

By Mark Schoeff Jr.
Washington state testing long-term care program
RETIREMENT PLANNING AUG 06, 2021
Washington state testing long-term care program

The effort, WA Cares, is the first of its kind in the US and could serve as a model for other states.

By Emile Hallez
Digital asset proposal puts spotlight on crypto taxes
ALTERNATIVES AUG 05, 2021
Digital asset proposal puts spotlight on crypto taxes

The provision, tucked inside a massive infrastructure bill, would require tax reporting for transactions similar to securities. The measure seeks to ensure that details about digital transactions — such as purchase price, gains and losses — are reported to the IRS.

By Mark Schoeff Jr.
Gensler comments open floodgates for Bitcoin fund filings
ETFS AUG 05, 2021
Gensler comments open floodgates for Bitcoin fund filings

The SEC chairman's nod toward '40 Act crypto funds is the only opening the ETF space needed.

By Jeff Benjamin
Brokerage firm, 2 principals found guilty of stock fraud
REGULATION AND LEGISLATION AUG 05, 2021
Brokerage firm, 2 principals found guilty of stock fraud

Finra cancelled the license of Florida-based Spartan Securities Group in 2019.

By InvestmentNews
Companies are increasing ESG reporting: US Chamber of Commerce
REGULATION AND LEGISLATION AUG 05, 2021
Companies are increasing ESG reporting: US Chamber of Commerce

A recent survey showed most public companies are revealing information on climate change, but want mandatory ESG disclosures to be flexible.

By Mark Schoeff Jr.
Congress should expand SEC oversight of crypto's 'Wild West': Gensler
ALTERNATIVES AUG 03, 2021
Congress should expand SEC oversight of crypto's 'Wild West': Gensler

The Securities and Exchange Commission chairman called on lawmakers to expand the agency's investor protection mandate to include crypto trading and decentralized finance. Cryptocurrency assets are worth roughly $1.6 trillion.

By Nicole Casperson
3 brokers in hot water over sketchy Covid-19 loan applications
PRACTICE MANAGEMENT AUG 02, 2021
3 brokers in hot water over sketchy Covid-19 loan applications

The Financial Industry Regulatory Authority Inc. said at the start of the year it was looking into registered representatives who applied for coronavirus-relief loans for possible violations.

By Bruce Kelly
SEC approves Finra rule to rein in rogue brokerages
PRACTICE MANAGEMENT JUL 30, 2021
SEC approves Finra rule to rein in rogue brokerages

The rule requires firms with a history of misconduct or that employ a high number of reps with disciplinary records to deposit cash into an account controlled by the Financial Industry Regulatory Authority Inc.

By Mark Schoeff Jr.
Bill mandating SEC test for accredited investors draws criticism
ALTERNATIVES JUL 30, 2021
Bill mandating SEC test for accredited investors draws criticism

Legislation by Rep. Patrick McHenry, R-N.C., would allow anyone who passes the agency's exam to purchase unregistered securities, but credentialing groups are concerned about the mechanism for becoming a sophisticated investor.

By Mark Schoeff Jr.
Democrats press Labor Department for update on ESG rules
RETIREMENT PLANNING JUL 30, 2021
Democrats press Labor Department for update on ESG rules

In a letter to Labor Secretary Marty Walsh, Democrats asked for an update on the DOL’s rule proposals on ESG criteria. Last year, the Trump administration DOL finalized two rules that tamped down on use of so-called nonpecuniary factors in investment selection.

By Emile Hallez
Here's why TIAA can no longer play by its own rules
LIFE INSURANCE AND ANNUITIES JUL 30, 2021
Here's why TIAA can no longer play by its own rules

Times have changed as the giant money manager for professors puts a $97 million penalty behind it.

By Bruce Kelly
House bill would simplify approval of registered index-linked annuities
RETIREMENT PLANNING JUL 30, 2021
House bill would simplify approval of registered index-linked annuities

A new SEC registration form tailored to the products would support innovation, the Insured Retirement Institute argues.

By InvestmentNews