Regulation And Legislation

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Implications of the SEC rulemaking agenda
NEWS OPINION SEP 06, 2023
Implications of the SEC rulemaking agenda

The more than a dozen major new rules the agency has proposed or finalized will create significant disruption for investment advisors, with substantial long-term implications.

Brokerages make progress, but still fall short on Reg BI compliance: State regulators
NEWS REGULATION AND LEGISLATION SEP 05, 2023
Brokerages make progress, but still fall short on Reg BI compliance: State regulators

'Efforts to address the standard of care concepts established by Reg BI remain perfunctory,' the NASAA report states.

Former Wells Fargo exec Tolstedt deserves prison in accounts scandal, US says
NEWS WIREHOUSES SEP 05, 2023
Former Wells Fargo exec Tolstedt deserves prison in accounts scandal, US says

Carrie Tolstedt, the bank's former head of retail banking, pled guilty this year to obstructing the investigation of the bank's fake accounts.

Hedge funds, private equity sue SEC over fee disclosure rule
NEWS ALTERNATIVES SEP 01, 2023
Hedge funds, private equity sue SEC over fee disclosure rule

Trade groups argue the SEC went too far when it rolled out rules mandating disclosures and barring firms from doing sweetheart deals with some investors.

One step forward, one step back for use of crypto in retirement accounts
NEWS RETIREMENT PLANNING SEP 01, 2023
One step forward, one step back for use of crypto in retirement accounts

'Crypto is on a journey from a niche asset class to a mainstream asset class,' says an advisor.

Finra fines, censures New Jersey broker-dealer for violating Reg BI
NEWS PRACTICE MANAGEMENT SEP 01, 2023
Finra fines, censures New Jersey broker-dealer for violating Reg BI

Network 1 Financial Securities did not have a written system to identify and flag excessive trading, resulting in $533,500 in commissions for the firm, regulator says.

Federated Hermes sued over using own funds in its 401(k)
NEWS RETIREMENT PLANNING SEP 01, 2023
Federated Hermes sued over using own funds in its 401(k)

The company filled its retirement plan menu entirely with its own funds, some of which underperformed and had high fees, a plaintiff alleges.

SEC defers decision on Invesco, WisdomTree bitcoin ETFs
NEWS ALTERNATIVES AUG 31, 2023
SEC defers decision on Invesco, WisdomTree bitcoin ETFs

The latest delay came as a disappointment after Grayscale won a court ruling this week overturning the SEC's rejection of its application to convert its bitcoin trust into an ETF.

NASAA launches program letting advisors maintain licenses longer while out of industry
NEWS PRACTICE MANAGEMENT AUG 30, 2023
NASAA launches program letting advisors maintain licenses longer while out of industry

'As a mother of three young kids ... I am so pleased to see NASAA recognizing the need for some flexibility,' an advisor says.

ESG rules shouldn't make it harder for advisors to do business
NEWS OPINION AUG 30, 2023
ESG rules shouldn't make it harder for advisors to do business

Politicians and regulators shouldn't be unduly favoring or burdening particular investment vehicles.

Citigroup to pay $2.9M to settle SEC underwriting probe
NEWS REGULATION AND LEGISLATION AUG 30, 2023
Citigroup to pay $2.9M to settle SEC underwriting probe

The regulator alleged the firm's global markets unit had flawed underwriting processes for securities offerings.

Goldman pays $5.5M over allegation it didn't record calls
NEWS REGULATION AND LEGISLATION AUG 29, 2023
Goldman pays $5.5M over allegation it didn't record calls

The Commodity Futures Trading Commission alleged that two outside systems Goldman relied on to record conversations sometimes failed in 2020.

SEC’s first NFT enforcement action should give advisors pause, experts say
NEWS ALTERNATIVES AUG 29, 2023
SEC’s first NFT enforcement action should give advisors pause, experts say

'This is further indication that NFT trading by advisors is not ready for prime time,' Ric Edelman says.

Spot bitcoin ETF inches ahead with SEC's court loss
NEWS ALTERNATIVES AUG 29, 2023
Spot bitcoin ETF inches ahead with SEC's court loss

Advisors have a range of stances on cryptocurrency, even in ETF form.

Schwab, TD sued for failing to protect customer data from MOVEit hack
NEWS FINTECH AUG 29, 2023
Schwab, TD sued for failing to protect customer data from MOVEit hack

The class-action complaint alleges the hack exposed personal information of 61,000 TD customers.

Tax cuts vs. debt reduction: GOP presidential debate illustrates conundrum
NEWS REGULATION AND LEGISLATION AUG 29, 2023
Tax cuts vs. debt reduction: GOP presidential debate illustrates conundrum

'We need to address the looming debt and quit kicking the can down the road,' one advisor says.

IRS catch-up guidance a relief to 401(k) sponsors, advisors
NEWS RETIREMENT PLANNING AUG 28, 2023
IRS catch-up guidance a relief to 401(k) sponsors, advisors

Plans now have until 2026 to add Roth accounts that will allow high earners to make catch-up contributions.

IRS delays mandatory Roth catch-up provision until 2026
NEWS RETIREMENT PLANNING AUG 27, 2023
IRS delays mandatory Roth catch-up provision until 2026

Agency announces needed SECURE 2.0 relief related to catch-up contributions made by higher-income employees.

Massachusetts high court upholds state fiduciary rule covering brokers
NEWS REGULATION AND LEGISLATION AUG 25, 2023
Massachusetts high court upholds state fiduciary rule covering brokers

Decision strikes blow against online brokerage Robinhood but is hailed as a 'Fenway Park Red Sox grand slam home run' by fiduciary advocate.

SEC spanks Wells Fargo Advisors with $35M penalty for excessive fees
NEWS PRACTICE MANAGEMENT AUG 25, 2023
SEC spanks Wells Fargo Advisors with $35M penalty for excessive fees

Some Wells Fargo Advisors clients never got promised discounts, according to the regulator.