Regulation And Legislation

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SEC removes head of U.S. accounting regulator
NEWS REGULATION AND LEGISLATION JUN 04, 2021
SEC removes head of U.S. accounting regulator

Public Company Accounting Oversight Board Chairman William Duhnke will be replaced on an acting basis by board member Duane DesParte, but the SEC says it is looking for candidates to fill all five PCAOB board positions.

By Bloomberg
John Hancock, Lowe's 401(k) settlements each more than $10M
NEWS RETIREMENT PLANNING JUN 04, 2021
John Hancock, Lowe's 401(k) settlements each more than $10M

John Hancock and Lowe's are paying millions to settle class-action claims, while a new lawsuit was filed against Northern Trust that rehashes old claims.

By Emile Hallez
Finra resumes in-person arbitration nationwide
NEWS REGULATION AND LEGISLATION JUN 04, 2021
Finra resumes in-person arbitration nationwide

The organization will reopen hearings on Aug. 2 in seven jurisdictions that had remained closed. Finra postponed in-person arbitration hearings when the pandemic began in March 2020.

By Mark Schoeff Jr.
SEC fines robo-adviser Emperor Investments for false disclosures
NEWS FINTECH JUN 04, 2021
SEC fines robo-adviser Emperor Investments for false disclosures

SEC slapped Emperor Investments with a $25,000 fine. The charges mark the third enforcement action brought by the SEC against digital advisers.

By Nicole Casperson
House Republicans warn SEC against climate disclosure requirements
NEWS ESG JUN 03, 2021
House Republicans warn SEC against climate disclosure requirements

GOP members of House Financial Services Committee question whether climate risk meets the materiality standard.

By Mark Schoeff Jr.
Fund managers in world's greenest market struggle with ESG rules
NEWS ESG JUN 02, 2021
Fund managers in world's greenest market struggle with ESG rules

Europe’s new Sustainable Finance Disclosure Regulation requires the industry to label how green an investment product is so that end investors know what they’re buying. But the requirements have yet to be finalized, leaving plenty of room for questions.

By Bloomberg
Advisers blast Biden's retroactive capital gains proposal
NEWS REGULATION AND LEGISLATION JUN 02, 2021
Advisers blast Biden's retroactive capital gains proposal

The effective date for the capital gains tax hike would be April 28, 2021, when the American Families plan was introduced, according to the Treasury Department’s Greenbook, a compendium of revenue proposals for fiscal 2022 that was released with the administration's $6 trillion budget proposal in May.

By Mark Schoeff Jr.
SEC charges former Massachusetts adviser with fraud
NEWS BROKER DEALERS JUN 02, 2021
SEC charges former Massachusetts adviser with fraud

James Couture was discharged by LPL in June 2020 and barred by Finra last October.

By InvestmentNews
Senators propose penalty-free emergency 401(k) taps
NEWS RETIREMENT PLANNING JUN 01, 2021
Senators propose penalty-free emergency 401(k) taps

Once-a-year withdrawals from retirement plans or IRAs would have to be paid back before additional borrowing could occur.

By InvestmentNews
DOL is pursuing fewer cases — but much bigger payouts
NEWS RETIREMENT PLANNING JUN 01, 2021
DOL is pursuing fewer cases — but much bigger payouts

Last year, the Department of Labor closed less than a third of the number of cases it did in 2014, but total recoveries were six times higher.

By Emile Hallez
Finra used 2020 fines to bolster market surveillance, exams, enforcement
NEWS REGULATION AND LEGISLATION JUN 01, 2021
Finra used 2020 fines to bolster market surveillance, exams, enforcement

Last year, Finra allocated $73.8 million of fine and reserve monies to fund capital initiatives and $16.4 million to pay for investor education and firm compliance.

By Mark Schoeff Jr.
Biden tax plan forecast to bring in $3.6T in decade
NEWS REGULATION AND LEGISLATION MAY 28, 2021
Biden tax plan forecast to bring in $3.6T in decade

The biggest surprise in Biden’s tax proposal is that it assumes an increase in the capital gains rate would be retroactive to April 2021, which would prevent wealthy people from selling off their assets quickly to avoid the hike.

By Bloomberg
Finra withdraws expungement reform proposal
NEWS REGULATION AND LEGISLATION MAY 28, 2021
Finra withdraws expungement reform proposal

The measure, which would have established a special roster of arbitrators to hear broker requests to clear their records, was criticized by PIABA as being too limited to address the problem.

By Mark Schoeff Jr.
State Street sued over 401(k); Columbia settles for $13 million
NEWS RETIREMENT PLANNING MAY 28, 2021
State Street sued over 401(k); Columbia settles for $13 million

The State Street plan did not include the lowest-cost share classes of the Target Retirement Securities Lending series, and there were some options from third parties with stronger performance records, according to the complaint.

By Emile Hallez
Texas legislature passes anti-ESG bill
NEWS RETIREMENT PLANNING MAY 28, 2021
Texas legislature passes anti-ESG bill

If the governor signs the bill, the state's six public pension funds would be prohibited from investing in financial products that boycott energy companies.

By InvestmentNews
Goldman wins exemption from Labor Department's pension overseer
NEWS RETIREMENT PLANNING MAY 28, 2021
Goldman wins exemption from Labor Department's pension overseer

The Employee Benefits Security Administration gives the firm a green light to oversee retirement plan assets despite its 1MDB misdeeds

By InvestmentNews
Robinhood loses bid to halt enforcement of Massachusetts fiduciary rule
NEWS REGULATION AND LEGISLATION MAY 28, 2021
Robinhood loses bid to halt enforcement of Massachusetts fiduciary rule

The online trading app sued to overturn the state's fiduciary rule after Massachusetts accused Robinhood of manipulating customers.

By Bloomberg
Biden's budget would raise annual spending to $6 billion
NEWS REGULATION AND LEGISLATION MAY 27, 2021
Biden's budget would raise annual spending to $6 billion

The budget will assume the increase in the top capital gains tax rate to 43.4% that Biden has proposed will be effective retroactive to late April.

By Bloomberg
Legislation would require ESG factors in investment decisions
NEWS RETIREMENT PLANNING MAY 27, 2021
Legislation would require ESG factors in investment decisions

The bills amend the Investment Advisers Act and federal retirement law to promote sustainable investing. The document must describe the factors advisers use in making investment decisions and they must 'align with an ESG framework'

By Mark Schoeff Jr.
Democratic-led SEC lets investors determine ESG materiality
NEWS ESG MAY 27, 2021
Democratic-led SEC lets investors determine ESG materiality

The agency likely will propose disclosure rules and has already outlined compliance shortfalls, according to experts at the InvestmentNews Global ESG Summit.

By Mark Schoeff Jr.