Regulation And Legislation

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Senate Democrats ask DOL to back off ESG rule
NEWS RETIREMENT PLANNING JUL 17, 2020
Senate Democrats ask DOL to back off ESG rule

The proposed restrictions on environmental, social and governance funds in 401(k)s would perpetuate racial discrimination, a group of lawmakers wrote

SEC charges RIA in $60 million Ponzi-like scheme
NEWS RIAS JUL 17, 2020
SEC charges RIA in $60 million Ponzi-like scheme

David Hu sold fake loans to pay off earlier investors, the SEC alleges

Petition against ‘regulation by enforcement’ is a stunning case of industry disdain for rule of law
NEWS OPINION JUL 16, 2020
Petition against ‘regulation by enforcement’ is a stunning case of industry disdain for rule of law

The trade groups’ request to the SEC focuses attention on the particulars of a disclosure when a recommendation entails a conflict of interest

CFP Board offers remote option for September exams
NEWS PRACTICE MANAGEMENT JUL 16, 2020
CFP Board offers remote option for September exams

Finra, NASAA began scheduling online tests earlier this week

With Democrats gaining steam, financial services ponder potential transaction taxes
NEWS REGULATION AND LEGISLATION JUL 15, 2020
With Democrats gaining steam, financial services ponder potential transaction taxes

Proponent say a levy on trades is harmless. Opponents call it a dangerous friction

Cases tied to Ray Lucia’s challenge of in-house SEC judges likely to settle for lighter punishments
NEWS REGULATION AND LEGISLATION JUL 15, 2020
Cases tied to Ray Lucia’s challenge of in-house SEC judges likely to settle for lighter punishments

Supreme Court ruled in 2018 that many enforcement actions should be reheard

401(k) arbitration agreements still not mandatory
NEWS RETIREMENT PLANNING JUL 14, 2020
401(k) arbitration agreements still not mandatory

Sponsors have interest in adding them to their retirement plan documents, but the courts are up in the air, lawyers said

SEC charges cryptocurrency app Abra with unregistered swap transactions
NEWS FINTECH JUL 14, 2020
SEC charges cryptocurrency app Abra with unregistered swap transactions

The startup allegedly offered security-based swaps to retail investors without registration

Lawmakers press Robinhood about investor protections on trading platform
NEWS ALTERNATIVES JUL 13, 2020
Lawmakers press Robinhood about investor protections on trading platform

Letter from Capitol Hill says the firm ‘must do better’ in the wake of the suicide of a user

New Hampshire investigating churning claims against Merrill brokers
NEWS WIREHOUSES JUL 13, 2020
New Hampshire investigating churning claims against Merrill brokers

Former governor says the firm, two former brokers were responsible for $50 million in losses

Wall Street benefits from Fed's support for corporate debt
NEWS FIXED INCOME JUL 13, 2020
Wall Street benefits from Fed's support for corporate debt

Fees for underwriting investment-grade bonds doubled in the first half

SEC proposes easing reporting requirements for funds
NEWS ALTERNATIVES JUL 13, 2020
SEC proposes easing reporting requirements for funds

Funds would be required to report holdings quarterly if they have at least $3.5 billion of equities, up from the current threshold of $100 million

‘Lost and found’ 401(k) bill is good for the advice industry
NEWS OPINION JUL 12, 2020
‘Lost and found’ 401(k) bill is good for the advice industry

While not exactly novel, the legislation is a sound first step toward getting Main Street investors the tools they need

Wawa settles ESOP lawsuit for $21.6 million
NEWS RETIREMENT PLANNING JUL 10, 2020
Wawa settles ESOP lawsuit for $21.6 million

The agreement is separate from a $25 million settlement reached in a similar suit brought in 2016

Oklahoma pulls back Form CRS mandate for state-registered advisers
NEWS RIAS JUL 10, 2020
Oklahoma pulls back Form CRS mandate for state-registered advisers

Rhode Island keeps its requirement on the books

Former RIA execs to pay $200,000 for misleading clients
NEWS RIAS JUL 10, 2020
Former RIA execs to pay $200,000 for misleading clients

Benjamin Alderson, the former CEO of deVere USA, also agrees to a permanent bar

House funding bill would halt SEC proposal to expand access to private markets
NEWS ALTERNATIVES JUL 09, 2020
House funding bill would halt SEC proposal to expand access to private markets

Democratic legislators want the agency to collect data on the impact of promoting unregistered securities

Where are the customers’ yachts? 2020 version
NEWS OPINION JUL 09, 2020
Where are the customers’ yachts? 2020 version

Should advisory firms take forgivable PPP loans when they didn't suffer any interruption in their revenue?

DOL urged to extend comment period for fiduciary proposal
NEWS REGULATION AND LEGISLATION JUL 08, 2020
DOL urged to extend comment period for fiduciary proposal

Consumer and investor advocacy groups have asked Labor to provide more time for public input

CareerBuilder gets win in 401(k) lawsuit, others face new claims
NEWS RETIREMENT PLANNING JUL 08, 2020
CareerBuilder gets win in 401(k) lawsuit, others face new claims

Paychex, Astellas and Aon were recently sued, and the $12.4 million settlement in a Northrop Grumman suit has been held up