Regulation, Legal & Compliance

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REGULATION, LEGAL & COMPLIANCE FEB 28, 2011
Raymond James auction-rate suit first to be upheld

Raymond James & Associates must face a lawsuit claiming it defrauded buyers of auction-rate securities, the first class-action complaint following the market's 2008 collapse to survive a judge's initial review.

By Bloomberg
REGULATION, LEGAL & COMPLIANCE FEB 27, 2011
Special report: Regulation

When the Securities and Exchange Commission released a highly anticipated report last month by its staff recommending that brokers and investments advisers be held to the same fiduciary standard, some supporters felt the issue had been settled once and for all, and predicted that the agency would have a rule in place by the summer.

By Mark Bruno
RETIREMENT PLANNING FEB 27, 2011
All for one

Bring on the fiduciary standard. In a recent InvestmentNews survey of almost 600 advisers, registered reps, financial planners, insurance agents and others, 69.2% said that they agree with the SEC's staff recommendation that any financial professional giving personalized investment advice be deemed a fiduciary

By Bruce Kelly
REGULATION, LEGAL & COMPLIANCE FEB 27, 2011
Paper jam

Maybe the shift from the SEC to state regulation won't be as bad as critics are making it out to be, but observers predict that some advisers will resort to “creative accounting” and “flat-out lying” to avoid having to change their registration

By Dan Jamieson
REGULATION, LEGAL & COMPLIANCE FEB 27, 2011
Power grab

Given the chance to ease its regulatory burden, the Securities and Exchange Commission was expected to recommend that a self-regulatory organization be established to oversee investment advisers

By Mark Schoeff Jr.
REGULATION, LEGAL & COMPLIANCE FEB 27, 2011
Court tosses long-running suit against Finra

A federal appeals court last Tuesday agreed that a lawsuit brought by a brokerage firm over the 2007 merger of NASD and the regulatory arm of the New York Stock Exchange should be thrown out

By Liz Skinner
REGULATION, LEGAL & COMPLIANCE FEB 27, 2011
Government shutdown could cause SEC brownout

The SEC's schedule of investment adviser examinations will likely grind to a halt if the federal government is forced to shut down Friday

By Mark Schoeff Jr.
REGULATION, LEGAL & COMPLIANCE FEB 27, 2011
Davis Polk is go-to law firm to parse regs

The Dodd-Frank financial reform law is an intimidating piece of legislation, if not for the breadth of its reach and ambition, then certainly for its sheer size — all 2,300 pages of it

By Mark Schoeff Jr.
REGULATION, LEGAL & COMPLIANCE FEB 27, 2011
Murky Finra markup rule may get murkier

In a move that could affect what broker-dealers charge clients for securities transactions, Finra this month proposed dropping its long-standing 5% markup/markdown policy

By Dan Jamieson
LIFE INSURANCE AND ANNUITIES FEB 25, 2011
B-Ds sue insurers over coverage caps

Three independent broker-dealers are suing their respective insurance carriers for failing to cover investors' legal claims, with one charging that its insurer has exposed it to “financial ruin”

By Bruce Kelly
INDEPENDENT BROKER DEALERS FEB 25, 2011
Two broker-dealers capitalize on QA3's demise

Two broker-dealers have emerged as early winners in the fight over the 400 representatives affiliated with QA3 Financial Corp., which officially shut down Friday

By Bruce Kelly
12(b)-1 reform still on to-do list, says SEC's Schapiro
REGULATION, LEGAL & COMPLIANCE FEB 24, 2011
12(b)-1 reform still on to-do list, says SEC's Schapiro

Says flood of comment letters raised some important points, which commission will consider

By Jessica Toonkel
REGULATION, LEGAL & COMPLIANCE FEB 24, 2011
Finra set to come down on Leo Wells' B-D

Management at Wells Investment Securities -- the broker-dealer of Leo Wells -- says the B-D is on Finra's radar. Apparently, the regulator is set to discipline the firm for allegedly violating advertising and data protection rules.

By Bruce Kelly
MUTUAL FUNDS FEB 24, 2011
DOL floats disclosure rule for 401(k) target date funds

The Labor Department today proposed a rule aimed at providing 401(k) plan participants more details about target date funds used in retirement plans.

By Darla Mercado
Murky markup rule may get murkier
REGULATION, LEGAL & COMPLIANCE FEB 23, 2011
Murky markup rule may get murkier

Finra wants to replace 5% policy with principles-based guidelines; enforcement could be a 'monumental task'

By Dan Jamieson
Do mutual funds pose risk to U.S.? Debate rages on
MUTUAL FUNDS FEB 23, 2011
Do mutual funds pose risk to U.S.? Debate rages on

The ICI and unions are going toe-to-toe over whether mutual funds pose any major systemic risks to the U.S. financial system -- and if the mutual fund industry needs extra oversight

By John Goff
REGULATION, LEGAL & COMPLIANCE FEB 23, 2011
Lack of crackdown a golden opportunity to short banks?

Absent true reform, and eager to jack up profits, some Wall Street firms will once again make risky bets -- and probably crap out

By Bloomberg
Wall Street mobilizes to declaw Dodd bill
REGULATION, LEGAL & COMPLIANCE FEB 23, 2011
Wall Street mobilizes to declaw Dodd bill

On Monday, Sen. Christopher Dodd unveiled his latest plan to clamp down on financial services providers. On Tuesday, bankers and their lobbyists descended on Capitol Hill. A connection?

By Associated Press
REGULATION, LEGAL & COMPLIANCE FEB 23, 2011
Fed Chairman Ben Bernanke makes case to keep all banking duties

Federal Reserve Chairman Ben Bernanke urged Congress Wednesday to let the Fed keep all of its banking oversight, arguing that information gleaned from that process helps the central bank guide the economy.

By Associated Press
RETIREMENT PLANNING FEB 20, 2011
Tax credit could help some firms

A new health insurance tax credit could hit some small financial advisory firms in their sweet spot — but only if they fit a specific profile

By Lavonne Kuykendall