Regulation And Legislation

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Sigma Financial faces $4.5 million in investor claims
INDEPENDENT BROKER DEALERS JUN 17, 2021
Sigma Financial faces $4.5 million in investor claims

The Ann Arbor, Mich.-based independent broker-dealer, which has close to 600 reps and advisers, reported $124.3 million in total revenue in 2019.

By Bruce Kelly
SEC delays ruling on Bitcoin ETF
ETFS JUN 16, 2021
SEC delays ruling on Bitcoin ETF

The agency is seeking more public comment on a proposal to list a Bitcoin exchange-traded fund on Cboe.

By Bloomberg
House approves legislation requiring ESG disclosures
REGULATION AND LEGISLATION JUN 16, 2021
House approves legislation requiring ESG disclosures

The Democratic majority barely prevailed, while SEC Commissioner Allison Herren Lee said the agency could propose a climate-risk rule by year-end. The vote came a day after a Securities and Exchange Commission deadline for public comment.

By Mark Schoeff Jr.
Fed sees two rate hikes by end of 2023
REGULATION AND LEGISLATION JUN 16, 2021
Fed sees two rate hikes by end of 2023

Federal Reserve officials signaled that the pace of the U.S. economic recovery is bringing forward their expectations on how quickly they will reduce policy support.

By Bloomberg
Crown Capital prepares for $1.38 million SEC penalty
PRACTICE MANAGEMENT JUN 16, 2021
Crown Capital prepares for $1.38 million SEC penalty

The broker-dealer is potentially facing a penalty from the Securities and Exchange Commission due to sales of high-fee mutual funds. The regulator launched its Share Class Selection Disclosure Initiative in February 2018.

By Bruce Kelly
The flip side to auto 401(k) design: Forgotten accounts
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
REGULATION AND LEGISLATION 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
REGULATION AND LEGISLATION 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
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
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
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
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
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
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
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
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’
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
REGULATION AND LEGISLATION 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
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
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