Regulation, Legal & Compliance

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FBI, SEC warn public about fake brokers and advisers
REGULATION, LEGAL & COMPLIANCE JUL 27, 2021
FBI, SEC warn public about fake brokers and advisers

In an investor alert, the agencies point out four tactics that fraudsters use to trick investors, such as spoofed websites and fake profiles on social media platforms.

By InvestmentNews
PRO Act opponents target new bill that could curtail independent advisers
PRACTICE MANAGEMENT JUL 27, 2021
PRO Act opponents target new bill that could curtail independent advisers

The bill, drafted by Senate Finance Committee Chair Ron Wyden, D-Ore., is aimed at reforming the unemployment compensation system, and could restrict use of the independent contractor classification. However, the proposed legislation lacks bipartisan support.

By Mark Schoeff Jr.
SEC fines 27 firms in first-ever Form CRS actions
PRACTICE MANAGEMENT JUL 26, 2021
SEC fines 27 firms in first-ever Form CRS actions

The agency charged 21 investment advisers and six brokerages with missing delivery or posting deadlines. The customer relationship summary outlines fees, services and potential conflicts of interest and is supposed to help clients understand business practices.

By Mark Schoeff Jr.
House panel to vote on increasing family office oversight
REGULATION, LEGAL & COMPLIANCE JUL 26, 2021
House panel to vote on increasing family office oversight

The legislation, written by Rep. Alexandria Ocasio-Cortez, D-N.Y., would require family offices with more than $750 million in AUM to register with SEC.

By Mark Schoeff Jr.
Senate Democrats introduce bill providing 401(k), IRA match
RETIREMENT PLANNING JUL 26, 2021
Senate Democrats introduce bill providing 401(k), IRA match

The existing nonrefundable saver's credit would become a $1,000-a-year matching contribution from the government.

By InvestmentNews
By casting a wide net, Finra hinders diversity
PRACTICE MANAGEMENT JUL 26, 2021
By casting a wide net, Finra hinders diversity

Should something that happened when applicants were teenagers still be held against them?

By InvestmentNews
The fight to #freeBritney is a step toward reform
RETIREMENT PLANNING JUL 23, 2021
The fight to #freeBritney is a step toward reform

It’s not clear how many people may be suffering from the legal restraints that were supposed to protect them.

By InvestmentNews
Trade groups step up fight against bill they say threatens independent advisers
REGULATION, LEGAL & COMPLIANCE JUL 23, 2021
Trade groups step up fight against bill they say threatens independent advisers

Opponents contend the measure, known as the PRO Act, could negate independent-contractor agreements between advisers and financial firms.

By Mark Schoeff Jr.
Finra CEO wants to extend remote branch office inspections into 2022
PRACTICE MANAGEMENT JUL 22, 2021
Finra CEO wants to extend remote branch office inspections into 2022

Temporary relief from onsite examinations, which began at the start of the pandemic, is set to expire in December.

By Mark Schoeff Jr.
Fed's GPB investigation puts spotlight on spending
INDEPENDENT BROKER DEALERS JUL 22, 2021
Fed's GPB investigation puts spotlight on spending

The mention of GPB auditors in a court filing highlights earlier allegations of executives using clients' money for their own personal benefit. Focused on independent broker-dealers, GPB was a leading seller of high-risk private placements in the past decade.

By Bruce Kelly
SEC warns advisers about wrap-fee conflicts
PRACTICE MANAGEMENT JUL 21, 2021
SEC warns advisers about wrap-fee conflicts

The agency's risk alert highlights problems that it found in examinations of more than 100 advisers who served as portfolio managers or sponsors of wrap-fee programs or who advised their clients’ accounts through third-party wrap managers.

By Mark Schoeff Jr.
Schwab’s $200 million charge points toward conflicts with cash spreads
FINTECH JUL 21, 2021
Schwab’s $200 million charge points toward conflicts with cash spreads

Cash spreads are certainly nothing new, but with almost $64 billion in assets, Charles Schwab & Co. is likely the largest robo-adviser to hold significant chunks of client assets in cash.

By Sean Allocca
Peirce’s concerns about ESG rulemaking could split SEC
REGULATION, LEGAL & COMPLIANCE JUL 21, 2021
Peirce’s concerns about ESG rulemaking could split SEC

The Republican SEC commissioner's doubts provide ammunition to those who want to push back against mandatory disclosures.

By Mark Schoeff Jr.
SEC's Gensler issues warning about stock tokens
EQUITIES JUL 21, 2021
SEC's Gensler issues warning about stock tokens

The SEC chairman made it clear that digital assets that mirror the performance of Amazon.com, Tesla and other well-known companies are probably still covered by U.S. securities laws.

By Bloomberg
Senate bill would expand pass-through tax deduction to advisers
REGULATION, LEGAL & COMPLIANCE JUL 20, 2021
Senate bill would expand pass-through tax deduction to advisers

The bill, which was written by Senate Finance Chairman Ron Wyden, D-Ore., would limit the benefit to individuals earning less than $400,000 a year.

By Mark Schoeff Jr.
SEC orders UBS to pay $8 million over sales of complex exchange-traded products
ALTERNATIVES JUL 19, 2021
SEC orders UBS to pay $8 million over sales of complex exchange-traded products

Investments pegged to market volatility remained in client accounts for up to a year when they were meant to be short-term investments.

By Mark Schoeff Jr.
RBC adviser fired following arrest on domestic violence charges
PRACTICE MANAGEMENT JUL 19, 2021
RBC adviser fired following arrest on domestic violence charges

Florida-based adviser Scott Jay Matalon was fired from RBC after facing charges of kidnapping, domestic battery and false imprisonment.

By Nicole Casperson
Bipartisan bill would block digital tokens from becoming securities
ALTERNATIVES JUL 16, 2021
Bipartisan bill would block digital tokens from becoming securities

Congress will likely have to provide the legal framework for the SEC to regulate cryptocurrencies more efficiently and is working quickly to shape future regulation.

By Mark Schoeff Jr.
Koch, Voya settle 401(k) fee lawsuits
RETIREMENT PLANNING JUL 16, 2021
Koch, Voya settle 401(k) fee lawsuits

Koch will pay $4 million in a case alleging excessive record-keeping fees, and Voya reached a confidential agreement in a separate lawsuit. Yum Brands was also sued by a participant who claims he was wrongly classified as an independent contractor and denied retirement benefits.

By Emile Hallez
Kahl to become acting examinations chief at SEC
PRACTICE MANAGEMENT JUL 15, 2021
Kahl to become acting examinations chief at SEC

He replaces Peter Driscoll, who is leaving the agency after heading the examinations division since January 2017.

By InvestmentNews