Hopes high for bill to ease small-firm adviser regulations

Hopes high for bill to ease small-firm adviser regulations
High-ranking, bipartisan members of the House Financial Services Committee back the legislation
MAY 21, 2019

Supporters of legislation that could ease regulations on small investment advisers hope that getting an earlier start in the new Congress will help get the measure over the finish line. Earlier this month, Rep. Michael San Nicolas, D-Guam, vice chairman of the House Financial Services Committee, introduced a bill that would require the Securities and Exchange Commission to consider alternatives for defining a "small business" when assessing the impact of regulations on investment advisers. Currently, the SEC uses assets under management as a metric for determining whether an advisory firm is small. Under the bill, the SEC could instead consider the firm's number of employees. Such a change could expand the number of advisory firms deemed "small" and could lead to the SEC tailoring regulations so that they are less costly for advisers in that category. The bill is identical to the Investment Adviser Regulatory Flexibility Improvement Act introduced last July by Rep. Gwen Moore, D-Wisc., according to Brian Patrick, spokesman for Rep. Bill Huizenga, R-Mich., ranking member of the House Financial Services Subcommittee on Investor Protection Entrepreneurship and Capital Markets. Mr. Huizenga is the lead GOP sponsor on Mr. San Nicolas' bill. Ms. Moore's bill gained overwhelming bipartisan House approval but died when the Senate did not act on it at the end of the last year. It had to be reintroduced in the new Congress this January. Ms. Moore has since moved to the House Ways and Means Committee. With the support of Mr. San Nicolas and Mr. Huizenga, the new bill is starting with high-ranking bipartisan support on the financial panel and has a two-year congressional session ahead. "We think we can foster strong bipartisan support in the House and Senate and get it on the president's desk by getting it out of the gate earlier," Mr. Patrick said. "This is common-sense reform." The bill is a priority for the Investment Adviser Association, which plans to promote it in meetings with lawmakers and their staff during the organization's Capitol Hill lobbying day next month. "We're feeling optimistic about its prospects in the House," said Neil Simon, IAA vice president for government relations. "The fact that it has leadership on both sides of the aisle in [the financial services] committee bodes well for favorable consideration on the House floor." IAA statistics show that 60% of registered investment advisers have 10 or fewer nonclerical employees. Under the Dodd-Frank financial reform law, advisers with more than $100 million in AUM are regulated by the SEC. Those under that threshold are overseen by state regulators.

Latest News

LPL building out alts, banking services to chase wirehouse advisors, new CEO says
LPL building out alts, banking services to chase wirehouse advisors, new CEO says

New chief executive Rich Steinmeier replaced Dan Arnold on October 1.

Franklin Templeton CEO vows to "do what's right" amid record outflows
Franklin Templeton CEO vows to "do what's right" amid record outflows

The global firm is navigating a crisis of confidence as an SEC and DOJ probe into its Western Asset Management business sparked a historic $37B exodus.

For asset managers, easy experience is key to winning advisors' businesses
For asset managers, easy experience is key to winning advisors' businesses

Beyond returns, asset managers have to elevate their relationship with digital applications and a multichannel strategy, says JD Power.

Why retaining HNW clients ultimately comes down to one basic thing
Why retaining HNW clients ultimately comes down to one basic thing

New survey finds varied levels of loyalty to advisors by generation.

Stocks drop as investors digest Microsoft, Meta earnings
Stocks drop as investors digest Microsoft, Meta earnings

Busy day for results, key data give markets concerns.

SPONSORED Out with the old and in with the new: a 50% private markets portfolio

A great man died recently, but this did not make headlines. In fact, it barely even made the news. Maybe it’s because many have already mourned the departure of his greatest legacy: the 60/40 portfolio.

SPONSORED Destiny Wealth Partners: RIA Team of the Year shares keys to success

Discover the award-winning strategies behind Destiny Wealth Partners' client-centric approach.