Regulation, Legal & Compliance

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Implementing a social strategy that won't get you fined by the SEC
OPINION JAN 03, 2022
Implementing a social strategy that won't get you fined by the SEC

It's important for advisers to understand what they can and can't do under the agency's new marketing rules when it comes to advertising and marketing via social media and messaging apps.

By Jim Zuffoletti
SEC denies 2 Bitcoin ETFs in latest setback to crypto industry
FINTECH DEC 23, 2021
SEC denies 2 Bitcoin ETFs in latest setback to crypto industry

The earlier-than-expected decision from the SEC could suggest a 2022 approval for a pure Bitcoin fund may not be in the cards either.

By Bloomberg
Brokerages pay $5 million in restitution for 529 plan violations
REGULATION, LEGAL & COMPLIANCE DEC 21, 2021
Brokerages pay $5 million in restitution for 529 plan violations

LPL, Wells Fargo and three Advisor Group firms avoided penalties for 'extraordinary cooperation' with Finra's investigation.

By Mark Schoeff Jr.
Avantax settles with SEC for $16.9 million over 12b-1 fees
PRACTICE MANAGEMENT DEC 21, 2021
Avantax settles with SEC for $16.9 million over 12b-1 fees

The company failed to reveal conflicts of interest concerning marketing fees paid by clients for mutual funds, according to the regulator. The independent broker-dealer 1st Global Advisors was acquired by Blucora in 2019.

By Bruce Kelly
SEC names William Birdthistle director of investment management division
REGULATION, LEGAL & COMPLIANCE DEC 21, 2021
SEC names William Birdthistle director of investment management division

William A. Birdthistle is currently a professor at Chicago-Kent College of Law. The division oversees regulatory policy for investment advisers.

By InvestmentNews
Global Infrastructure Management pays $4.5 million to settle with SEC
REGULATION, LEGAL & COMPLIANCE DEC 21, 2021
Global Infrastructure Management pays $4.5 million to settle with SEC

According to the order, Global failed to offset certain portfolio company fees against management fees charged to clients, as required under its offering and governing documents.

By InvestmentNews
SEC Republican commissioner Elad Roisman to step down
REGULATION, LEGAL & COMPLIANCE DEC 20, 2021
SEC Republican commissioner Elad Roisman to step down

Roisman, who has been a commissioner since 2018, played a key role in Trump-era efforts by the SEC to rein in proxy advisory firms and to make it easier for companies to block submissions from newer stockholders.

By Bloomberg
SEC says drop jargon, clarify fees on Form CRS
PRACTICE MANAGEMENT DEC 17, 2021
SEC says drop jargon, clarify fees on Form CRS

The agency's Standard of Conduct Implementation Committee found content and format problems after reviewing a cross section of filings.

By Mark Schoeff Jr.
Washington state to delay assessing long-term care premiums
RETIREMENT PLANNING DEC 17, 2021
Washington state to delay assessing long-term care premiums

Gov. Jay Inslee says legislators need time to refine the program, the Washington Cares Fund.

By InvestmentNews
JPMorgan to pay $125 million penalty over messaging apps
FINTECH DEC 17, 2021
JPMorgan to pay $125 million penalty over messaging apps

Employees often communicated about business on their personal devices, using text messaging applications, such as WhatsApp. The compliance systems were not keeping up with technological advances, an expert said.

By Mark Schoeff Jr.
Finra slaps RBC with $1 million in penalties over bond sales
REGULATION, LEGAL & COMPLIANCE DEC 17, 2021
Finra slaps RBC with $1 million in penalties over bond sales

The regulator says the firm failed to review more than 100 accounts for junk-bond concentrations.

By InvestmentNews
Nokia's $8.5B 401(k) held down by high fees, lawsuit claims
RETIREMENT PLANNING DEC 17, 2021
Nokia's $8.5B 401(k) held down by high fees, lawsuit claims

The case alleges fiduciary breaches based on the existence of cheaper investment options on the market than those used in the plan.

By Emile Hallez
GAO recommends SEC tighten oversight of Finra
REGULATION, LEGAL & COMPLIANCE DEC 16, 2021
GAO recommends SEC tighten oversight of Finra

The Government Accountability Office's report analyzed 69 SEC reviews of Finra since fiscal 2018.

By Mark Schoeff Jr.
Voya sued for using own investments in 401(k) plan
RETIREMENT PLANNING DEC 16, 2021
Voya sued for using own investments in 401(k) plan

One of the lead plaintiffs in the class-action case appears to be the company’s former regional vice president of retirement sales.

By Emile Hallez
JPMorgan adviser loses ruling in client-poaching case
REGULATION, LEGAL & COMPLIANCE DEC 16, 2021
JPMorgan adviser loses ruling in client-poaching case

A judge denied Gwen Campbell's request to temporarily bar fellow bankers at JPMorgan from soliciting business from clients she brought with her from BofA, clients who reportedly include former New York Yankees star Alex Rodriguez.

By Bloomberg
SEC slaps Wedbush with $1.2 million in penalties over microcaps
REGULATION, LEGAL & COMPLIANCE DEC 15, 2021
SEC slaps Wedbush with $1.2 million in penalties over microcaps

The agency says the firm distributed unregistered shares unlawfully and failed to file suspicious activity reports.

By InvestmentNews
Fed signals three hikes next year in inflation pivot
REGULATION, LEGAL & COMPLIANCE DEC 15, 2021
Fed signals three hikes next year in inflation pivot

The central bank also said it will double the pace at which it's scaling back purchases of Treasuries and mortgage-backed securities, putting the program on track to conclude in early 2022 rather than at midyear.

By Bloomberg
Transamerica sued by 401(k) participant over data breach
RETIREMENT PLANNING DEC 15, 2021
Transamerica sued by 401(k) participant over data breach

A bug earlier this year let plan sponsor clients view outside participants' data, and one man claims he and others suffered consequences.

By Emile Hallez
Labor Department's ESG proposal attracts ire from the anti-'woke'
RETIREMENT PLANNING DEC 14, 2021
Labor Department's ESG proposal attracts ire from the anti-'woke'

The agency received a trove of public comments on its proposed ESG changes, and many were penned by people concerned about a perceived liberal agenda.

By Emile Hallez
Energy firm Exelon sued over 401(k)
RETIREMENT PLANNING DEC 10, 2021
Energy firm Exelon sued over 401(k)

Law firms representing the plaintiffs cite fiduciary failures in moving to in-house funds and high fees for record keeping and managed accounts.

By Emile Hallez