Regulation And Legislation

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The flip side to auto 401(k) design: Forgotten accounts
NEWS RETIREMENT PLANNING JUN 16, 2021
The flip side to auto 401(k) design: Forgotten accounts

An academic study posted this month on the Social Science Research Network found that about $790 million in IRA assets were in limbo in 2017, with account owners 72½ and older failing to take RMDs.

By Emile Hallez
SEC receives more than 300 comment letters on ESG disclosures
NEWS ESG JUN 15, 2021
SEC receives more than 300 comment letters on ESG disclosures

Democrats and trade groups representing investment advisers were mostly on board with the proposed mandatory climate-risk disclosures. However, Republicans and other interest groups opposed the measure.

By Mark Schoeff Jr.
Texas plans to ban firms that cut out oil and gas sectors
NEWS ESG JUN 15, 2021
Texas plans to ban firms that cut out oil and gas sectors

Gov. Greg Abbott signs a pro-oil and gas bill in the state's latest fight against ESG investing.

By Bloomberg
DOL seeks to define ‘fiduciary’; SEC works on ESG disclosures
NEWS RETIREMENT PLANNING JUN 14, 2021
DOL seeks to define ‘fiduciary’; SEC works on ESG disclosures

As the two agencies release their regulatory agendas, the SEC is also proposing to revisit rules promulgated last year when the agency was headed by former chairman Jay Clayton.

By Mark Schoeff Jr.
SEC names new leader for unit that reviews SPACS, climate rules
NEWS PRACTICE MANAGEMENT JUN 14, 2021
SEC names new leader for unit that reviews SPACS, climate rules

Law professor Renee Jones will run the agency's division of corporation finance, making her the first Black woman to lead one of the SEC's four major divisions.

By Bloomberg
SEC drills into dentist-turned-adviser for three frauds
NEWS REGULATION AND LEGISLATION JUN 11, 2021
SEC drills into dentist-turned-adviser for three frauds

A phony cryptocurrency offering was one of Boca Raton, Florida-based Edgar Radjabli’s frauds, the agency charges.

By InvestmentNews
Russell, Wake Forest, Generac targeted in lawsuits
NEWS RETIREMENT PLANNING JUN 11, 2021
Russell, Wake Forest, Generac targeted in lawsuits

The new class-action suits against the three employers allege fiduciary breaches. Two defendants in other cases recently reached settlements over $1 million.

By Emile Hallez
ProPublica report stokes debate on wealthy paying fair share in taxes
NEWS REGULATION AND LEGISLATION JUN 11, 2021
ProPublica report stokes debate on wealthy paying fair share in taxes

Advisers remain wary of President Joe Biden's proposals to raise capital gains taxes, which face political obstacles in Congress. There’s almost no chance any Republicans will support the administration's tax proposals.

By Mark Schoeff Jr.
Warren calls on Congress to tackle crypto 'threats' head-on
NEWS FINTECH JUN 10, 2021
Warren calls on Congress to tackle crypto 'threats' head-on

Uncertain regulation and a lack of historical data are issues that keep advisers on the sidelines when it comes to digital currencies.

By Nicole Casperson
Invesco plans crypto-linked ETFs as way to get around SEC
NEWS MUTUAL FUNDS JUN 09, 2021
Invesco plans crypto-linked ETFs as way to get around SEC

It is proposing two exchange-traded funds that will have 85% of their assets in cryptocurrency-linked equities, and the remainder in trusts and funds that hold cryptocurrencies.

By Bloomberg
SEC chairman proposes review of stock trading rules
NEWS EQUITIES JUN 09, 2021
SEC chairman proposes review of stock trading rules

Wall Street’s top regulator is calling for a broad-based review of the rules that underpin trading in the U.S. equities.

By Bloomberg
FSI vows to monitor Reg BI ‘regulation by enforcement’
NEWS REGULATION AND LEGISLATION JUN 09, 2021
FSI vows to monitor Reg BI ‘regulation by enforcement’

The Financial Services Institute is worried about how the agency might expand Reg BI's reach. The problem is tied to setting new disclosure standards through enforcement initiative, rather than doing so through rulemaking.

By Mark Schoeff Jr.
Mandatory ESG disclosures are a political inevitability
NEWS ESG JUN 09, 2021
Mandatory ESG disclosures are a political inevitability

The SEC's flurry of activity has drawn concern not only from Capitol Hill Republicans but also the agency’s Republican commissioners, Elad Roisman and Hester Peirce.

By Mark Schoeff Jr.
New York state advances auto IRA bill
NEWS RETIREMENT PLANNING JUN 09, 2021
New York state advances auto IRA bill

Under the bill, businesses in the state that have been operating for at least two years and have at least 10 employees would be required to participate. The state passed legislation in 2018 to establish a voluntary IRA system for the private sector, but it has yet to implement that program.

By Emile Hallez
Critical lessons from Columbia University's 403(b) settlement
NEWS RETIREMENT PLANNING JUN 09, 2021
Critical lessons from Columbia University's 403(b) settlement

The lack of training for retirement committees and plan professionals is appalling, especially in the retail DC market. Many people got their job when someone walked into their office and said, 'Good luck, you’re now in charge of running our retirement plan,' and then walked out.

By Fred Barstein
Ex-Cetera broker sentenced to 5 years in prison for fraud
NEWS BROKER DEALERS JUN 08, 2021
Ex-Cetera broker sentenced to 5 years in prison for fraud

The broker David A. Rockwell defrauded a bank when he applied for lines of credit in the names of two clients

By Bruce Kelly
It’s time to add emergency savings to work benefits
NEWS OPINION JUN 07, 2021
It’s time to add emergency savings to work benefits

Bipartisan emergency savings legislation would allow employees to withdraw up to $1,000 per year from their workplace retirement account without penalty.

By Eric Stevenson
Finra proposes annual regulatory education
NEWS PRACTICE MANAGEMENT JUN 07, 2021
Finra proposes annual regulatory education

The regulator's proposed rule would also allow brokers to leave the industry and maintain their registration longer if they complete continuing education, a move that could benefit women who step away to have families.

By Mark Schoeff Jr.
Yellen says higher interest rates would be ‘plus’ for US, Fed
NEWS REGULATION AND LEGISLATION JUN 07, 2021
Yellen says higher interest rates would be ‘plus’ for US, Fed

The Treasury Secretary said President Joe Biden should push forward with his $4 trillion spending plans even if they trigger inflation that persists into next year and higher interest rates.

By Bloomberg
Time to rethink forced arbitration
NEWS OPINION JUN 07, 2021
Time to rethink forced arbitration

Ending mandatory arbitration has become a top priority for consumer advocacy groups, like the Public Investors Advocate Bar Association and others, that claim investors should have the option of laying out their case before a judge or jury.

By SteveParrishJDRICPCLUChFCRHU