Regulation, Legal & Compliance

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Another MEP targeted in 401(k) litigation, health care system sued
RETIREMENT PLANNING FEB 04, 2021
Another MEP targeted in 401(k) litigation, health care system sued

The Coca-Cola Bottlers' Association this week was sued over fees and investments in its multiple employer plan. Former participants in a terminated 403(b) sponsored by a health care system also filed claims.

By Emile Hallez
Massachusetts fines RBC $200,000 over failure to supervise
REGULATION, LEGAL & COMPLIANCE FEB 04, 2021
Massachusetts fines RBC $200,000 over failure to supervise

Regulator charges the firm failed to act on a former broker who was loading customer accounts up with energy sector master limited partnerships.

By InvestmentNews
New York slaps AIG with $12 million penalty over pension risk transfers
RETIREMENT PLANNING FEB 04, 2021
New York slaps AIG with $12 million penalty over pension risk transfers

Regulators say the insurance company’s American General Life subsidiary operated in the state without a license, undertaking four large-scale pension risk transfers and bidding on others.

By InvestmentNews
SEC, Feds charge senior GPB executives with fraud
ALTERNATIVES FEB 04, 2021
SEC, Feds charge senior GPB executives with fraud

GPB raised $1.8 billion from investors starting in 2013 through sales of private partnerships, but it has not paid investors steady returns, called distributions, since 2018.

By Bruce Kelly
Whistleblowers' big bucks come with big risks for financial advisers
PRACTICE MANAGEMENT FEB 03, 2021
Whistleblowers' big bucks come with big risks for financial advisers

The SEC has awarded more than $738 million to 134 whistleblowers since 2012. But becoming a tipster could involve sacrifices.

By Mark Schoeff Jr.
Unclaimed retirement accounts a big problem for most states
RETIREMENT PLANNING FEB 03, 2021
Unclaimed retirement accounts a big problem for most states

Few automatically match unclaimed retirement accounts with their owners. In most cases, only about 3% of accounts are claimed within two years of being turned over to the state.

By Emile Hallez
Novice investors flocked to market during pandemic, study finds
REGULATION, LEGAL & COMPLIANCE FEB 03, 2021
Novice investors flocked to market during pandemic, study finds

The majority of newbies in 2020 were under 45, according to the survey; they were more likely to be racially diverse and said they were investing for retirement.

By InvestmentNews
Yellen summons regulators to discuss market volatility
REGULATION, LEGAL & COMPLIANCE FEB 03, 2021
Yellen summons regulators to discuss market volatility

The meeting with the SEC, the Fed, the New York Fed and the CFTC is the Treasury secretary's first public effort to address the tumult involving GameStop shares.

By Bloomberg
Warren asks Robinhood to explain trading restrictions
REGULATION, LEGAL & COMPLIANCE FEB 02, 2021
Warren asks Robinhood to explain trading restrictions

The Democratic senator wants to know whether the limits the online brokerage set on trading shares of GameStop and other companies were influenced by hedge fund investors or financial services partners.

By Bloomberg
Financial Services Institute defends Reg BI under new administration
PRACTICE MANAGEMENT FEB 02, 2021
Financial Services Institute defends Reg BI under new administration

Fiduciary advocates are pressing the Securities and Exchange Commission to overhaul the measure. FSI and other industry groups will lobby to keep it intact.

By Mark Schoeff Jr.
Finra zeroes in on online brokerage apps
FINTECH FEB 01, 2021
Finra zeroes in on online brokerage apps

The broker-dealer self-regulator cited a surge of new retail investors entering the markets via online platforms, which has led to a spike in more sophisticated kinds of trading, such as options.

By Mark Schoeff Jr.
CFP Board forms commission to strengthen sanction guidelines
PRACTICE MANAGEMENT FEB 01, 2021
CFP Board forms commission to strengthen sanction guidelines

The Certified Financial Planner Board established a 15-member commission to review and recommend changes to its sanction guidelines for current mark holders as well as its fitness standards for candidates for certification.

By Mark Schoeff Jr.
Virginia presses on with auto-IRA bill
RETIREMENT PLANNING FEB 01, 2021
Virginia presses on with auto-IRA bill

The VirginiaSaves program would be similar to automatic IRAs used in several states, including Oregon, Illinois and California. Virginia’s House of Delegates passed the measure last week by a vote of 56 to 44.

By Emile Hallez
In first, B-D that sold GPB private placements loses arbitration
INDEPENDENT BROKER DEALERS FEB 01, 2021
In first, B-D that sold GPB private placements loses arbitration

The first investor arbitration claims involving the products have been decided over the past few months, but the claim against Arete Wealth Management appears to be the first substantial win for investors against a broker-dealer.

By Bruce Kelly
No excuse not to find missing plan participants
OPINION FEB 01, 2021
No excuse not to find missing plan participants

The Labor Department has stepped up its audits of plans that have lost track of participants, and noted last month that in 2020 alone, investigators had helped reunite missing participants with plan benefits “with a present value in excess of $1.4 billion.”

By InvestmentNews
Robinhood adds market manipulation and gamification to a quiver of woes
FINTECH JAN 29, 2021
Robinhood adds market manipulation and gamification to a quiver of woes

The free-trading app faces renewed accusations that its platform is manipulative amid a decision to halt certain trades just a month after Massachusetts regulators accused it of ‘gamification.’

By Nicole Casperson
SEC vows to act on potential manipulation during trading surge
REGULATION, LEGAL & COMPLIANCE JAN 29, 2021
SEC vows to act on potential manipulation during trading surge

Market volatility related to a surge in trading of shorted stocks has drawn the attention of regulators and lawmakers. But it’s not clear whether there's a role for them to play.

By Mark Schoeff Jr.
Robinhood hit with lawsuits for blocking GameStop trades
PRACTICE MANAGEMENT JAN 28, 2021
Robinhood hit with lawsuits for blocking GameStop trades

While users of the trading platforms claim in court filings that they suffered losses from the restrictions, legal experts say brokerages have broad powers to block or restrict transactions — all of which is spelled out as part of customer agreements everyone signs to gain access to the services.

By Bloomberg
Fiduciary advocates urge SEC to rename Reg BI, eliminate broker conflicts
REGULATION, LEGAL & COMPLIANCE JAN 28, 2021
Fiduciary advocates urge SEC to rename Reg BI, eliminate broker conflicts

In addition changing Reg BI's nomenclature, the Institute for the Fiduciary Standard called for eliminating some broker conflicts of interest, such as compensation incentives for product sales, revising the disclosure Form CRS and clarifying that investment advisers must avoid conflicts of interest rather than just disclosing them.

By Mark Schoeff Jr.
Finra bars former Merrill Lynch rep
WIREHOUSES JAN 28, 2021
Finra bars former Merrill Lynch rep

Atlanta-based broker Tyler Delahunt had been discharged by the wirehouse over alleged outside investments.

By InvestmentNews