Regulation, Legal & Compliance

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Smaller firms may not be ready for DOL fiduciary rule now in force
REGULATION, LEGAL & COMPLIANCE FEB 02, 2022
Smaller firms may not be ready for DOL fiduciary rule now in force

Under the Labor Department rule that took effect this week, advisers must declare their fiduciary status and material conflicts of interest in writing and follow impartial conduct standards.

By Mark Schoeff Jr.
Judge rips Wells, Finra, in decision over arbitration claim
WIREHOUSES FEB 02, 2022
Judge rips Wells, Finra, in decision over arbitration claim

At the center of the judge's order to vacate the arbitration decision were questions about whether or not Finra arbitration was a neutral forum for investors.

By Bruce Kelly
Regulators charge metals dealer with $67 million fraud
REGULATION, LEGAL & COMPLIANCE FEB 01, 2022
Regulators charge metals dealer with $67 million fraud

The SEC, NASAA and the CFTC take action to stop Safeguard Metals and its owner, Jeffrey Santulan, whose scheme allegedly targeted investors who were at or nearing retirement.

By Mark Schoeff Jr.
FSI launches program to boost diversity among independent advisers
PRACTICE MANAGEMENT FEB 01, 2022
FSI launches program to boost diversity among independent advisers

FSI is partnering with Inroads to encourage its member firms to offer paid internships for students of color.

By Mark Schoeff Jr.
Georgia court refuses to dismiss 401(k) suit, citing SCOTUS Northwestern decision
RETIREMENT PLANNING JAN 31, 2022
Georgia court refuses to dismiss 401(k) suit, citing SCOTUS Northwestern decision

The case filed against the Columbus Regional Health System cited breaches similar to those alleged in the Northwestern case, such as offering retail share classes of mutual funds instead of lower-cost institutional shares.

By InvestmentNews
Rising crypto star faces SEC, volatile markets
ALTERNATIVES JAN 31, 2022
Rising crypto star faces SEC, volatile markets

Ophelia Snyder, 29, is already managing $2.5 billion. She is now teaming up with Cathie Wood to bring a Bitcoin ETF to the U.S. — if regulators allow it.

By Bloomberg
SEC keeps up pressure on private fund advisers
ALTERNATIVES JAN 28, 2022
SEC keeps up pressure on private fund advisers

Under Chairman Gary Gensler, the agency is taking a closer look at private equity, hedge funds.

By Mark Schoeff Jr.
If regulators want meaningful feedback, bring back 60-day comment periods
OPINION JAN 28, 2022
If regulators want meaningful feedback, bring back 60-day comment periods

Stakeholders must have enough time to analyze and provide a reasoned response in order to provide helpful input on proposed regulations.

By Gail Bernstein
Cybersecurity rule would clarify what SEC expects of advisers
FINTECH JAN 27, 2022
Cybersecurity rule would clarify what SEC expects of advisers

A pending proposal likely would focus on strengthening advisory firms' disclosures and their preparedness for cyber risks.

By Mark Schoeff Jr.
Crypto collapse sheds new light on loyalty to digital assets
EQUITIES JAN 27, 2022
Crypto collapse sheds new light on loyalty to digital assets

Without saying 'I told you so,' advisers are reminding their clients that investing in crypto will be stomach churning.

By Jeff Benjamin
Crypto firms Celsius Network, Gemini face SEC scrutiny
ALTERNATIVES JAN 27, 2022
Crypto firms Celsius Network, Gemini face SEC scrutiny

The SEC enforcement review focuses on whether the companies’ offerings should be registered as securities, people say.

By Bloomberg
Finra approves Winklevoss crypto exchange Gemini
ALTERNATIVES JAN 26, 2022
Finra approves Winklevoss crypto exchange Gemini

Now that it has broker-dealer status, Gemini Galactic Markets can operate an alternative trading system that will facilitate the trading of digital asset securities.

By InvestmentNews
SEC officials urge firms to update compliance to cope with emerging technologies
FINTECH JAN 26, 2022
SEC officials urge firms to update compliance to cope with emerging technologies

The leaders of the agency's enforcement division talk about the message the SEC sent with a $125 million penalty for JPMorgan's failure to preserve text messages.

By Mark Schoeff Jr.
More DC plan lawsuits and settlements, from several litigators
RETIREMENT PLANNING JAN 26, 2022
More DC plan lawsuits and settlements, from several litigators

Law firms Miller Shah and Capozzi Adler have been busy filing cases against retirement plan sponsors, and that's been paying off for them.

By Emile Hallez
Massachusetts says Fidelity rubber-stamped options applications
ALTERNATIVES JAN 26, 2022
Massachusetts says Fidelity rubber-stamped options applications

Regulator's complaint details examples of repeated applications – in some instances as many as 13 in one month.

By InvestmentNews
Legislation could cut retirement savings gap by 25% or more: EBRI
RETIREMENT PLANNING JAN 25, 2022
Legislation could cut retirement savings gap by 25% or more: EBRI

The analysis found that a federal auto-IRA, improved Saver's Credit and other proposed changes would have a substantial impact on retirement preparedness.

By Emile Hallez
Gensler warns financial industry not to push into regulatory gray areas
PRACTICE MANAGEMENT JAN 25, 2022
Gensler warns financial industry not to push into regulatory gray areas

In a recent public appearance, the SEC chair addressed so-called 'regulation by enforcement' without mentioning it by name.

By Mark Schoeff Jr.
Galvin examining 'surprise' taxes on target-date funds
MUTUAL FUNDS JAN 25, 2022
Galvin examining 'surprise' taxes on target-date funds

The Massachusetts securities regulator's latest sweep targets the broker-dealers of the largest fund companies in the industry: Vanguard, Fidelity, T. Rowe Price, BlackRock and American Funds.

By Bruce Kelly
Former UBS rep charged with stealing $5.8 million
REGULATION, LEGAL & COMPLIANCE JAN 25, 2022
Former UBS rep charged with stealing $5.8 million

German Nino used $4.2 million of a client's money on gifts for several women with whom he had romantic relationships.

By InvestmentNews
SCOTUS vacates Northwestern rulings
RETIREMENT PLANNING JAN 24, 2022
SCOTUS vacates Northwestern rulings

In a decision that's almost certainly unwelcome news for retirement plan sponsors, the Supreme Court said lower courts paid too much attention to whether the university's inclusion of some low-cost options in its plans is sufficient to show fiduciaries abided by their duties.

By Emile Hallez