Regulation And Legislation

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SEC sues Coinbase for breaking securities rules
NEWS ALTERNATIVES JUN 06, 2023
SEC sues Coinbase for breaking securities rules

Regulator’s suit comes day after the agency sued crypto platform Binance for a wider set of violations.

How two advisor tech companies battled it out in patent court
NEWS FINTECH JUN 05, 2023
How two advisor tech companies battled it out in patent court

Both CellTrust and ionLake provide compliant text messaging and archiving for advisors. CellTrust accused ionLake of violating its patents, but the jury disagreed.

Dave Ramsey sued by listeners over failed promises of advertiser
NEWS PRACTICE MANAGEMENT JUN 05, 2023
Dave Ramsey sued by listeners over failed promises of advertiser

The lawsuit seeks $150 million in damages from the radio host over ads for a timeshare exit business that listeners say failed to extricate them from timeshare contracts.

SEC sues crypto platform Binance for violating securities rules
NEWS ALTERNATIVES JUN 05, 2023
SEC sues crypto platform Binance for violating securities rules

The agency has for months been probing whether Binance illegally sold digital coins as the exchange was getting off the ground in 2017.

Finra fines B-D $30,000 over rep's medical marijuana biz
NEWS ALTERNATIVES JUN 02, 2023
Finra fines B-D $30,000 over rep's medical marijuana biz

Park Avenue Securities fell short in its supervision of a rep who helped operate a cannabis business, the regulator says.

Senate passes debt-limit deal, ending threat of US default
NEWS REGULATION AND LEGISLATION JUN 02, 2023
Senate passes debt-limit deal, ending threat of US default

The 63-36 vote on the bill Thursday night was carried by moderates in both parties; the legislation now goes to President Biden to sign.

House vote advances bill to set SEC test to become accredited investor
NEWS ALTERNATIVES JUN 01, 2023
House vote advances bill to set SEC test to become accredited investor

The legislation seems to strike a balance between concerns about allowing ordinary investors to buy private placements and creating opportunities for them to diversify their portfolios.

Democratization of markets doesn’t mean all investors should vote for private placements
NEWS ALTERNATIVES JUN 01, 2023
Democratization of markets doesn’t mean all investors should vote for private placements

Investor harm is occurring among so-called sophisticated investors, and strong guardrails must be put in place if access to unregistered securities becomes easier for retail investors.

Backers of bill to ease small-firm regulatory burden seek Senate gains after House win
NEWS RIAS JUN 01, 2023
Backers of bill to ease small-firm regulatory burden seek Senate gains after House win

The legislation would force the SEC to calibrate compliance costs for small and growing businesses, including advisory firms.

House passes debt-limit deal, easing default concerns
NEWS REGULATION AND LEGISLATION JUN 01, 2023
House passes debt-limit deal, easing default concerns

The deal now heads to the Senate, where approval is virtually certain; Senate GOP leader Mitch McConnell said the measure could be voted on as soon as Thursday.

California lawmakers move ahead with major climate disclosure bills
NEWS ESG MAY 31, 2023
California lawmakers move ahead with major climate disclosure bills

The state is poised to go much further on emissions reporting than the Securities and Exchange Commission.

Finra uses fine proceeds of $48.1 million to help fund improvements
NEWS REGULATION AND LEGISLATION MAY 31, 2023
Finra uses fine proceeds of $48.1 million to help fund improvements

The money from fines, along with funds from its reserves and excess operating revenue, allowed the regulator to finance $111.4 million in projects to improve its examination and enforcement efforts.

California B-D that sold GWG bonds files for bankruptcy
NEWS ALTERNATIVES MAY 31, 2023
California B-D that sold GWG bonds files for bankruptcy

Irvine-based JRL Capital Corp. reported total assets of $43,000 and total investor claims against the firm of $2.5 million.

Firms brace for SEC spotlight on electronic communications
NEWS OPINION MAY 31, 2023
Firms brace for SEC spotlight on electronic communications

Protecting investors from fraudulent, misleading or otherwise problematic electronic communications seems to be of the utmost importance to regulators.

Former Wells Fargo executive Tolstedt to pay $3 million SEC penalty
NEWS WIREHOUSES MAY 30, 2023
Former Wells Fargo executive Tolstedt to pay $3 million SEC penalty

The settlement with the SEC follows Carrie Tolstedt's agreement in March to plead guilty to obstructing a problem of the bank's practice of opening accounts for customers without their authorization.

House bill would nix ESG funds in Thrift Savings Plan
NEWS RETIREMENT PLANNING MAY 30, 2023
House bill would nix ESG funds in Thrift Savings Plan

The retirement plan for federal government workers also includes numerous Christian and 'pro-life' funds that would seemingly be affected by the legislation.

Philly broker in hot water, again, over alt sales
NEWS ALTERNATIVES MAY 30, 2023
Philly broker in hot water, again, over alt sales

Austin Dutton last week lost an industry arbitration claim of $43,645 to a client related to sales of GWG bonds.

California bill would require state pension funds to divest oil, gas assets
NEWS RETIREMENT PLANNING MAY 30, 2023
California bill would require state pension funds to divest oil, gas assets

The measure seeks divestment of an estimated $15 billion from oil and gas companies by CalPERS, CalSTRS.

Debt-limit deal faces test in Congress
NEWS FIXED INCOME MAY 30, 2023
Debt-limit deal faces test in Congress

Legislators have less than a week to approve the agreement before the default deadline next Monday, June 5.

3 best practices for avoiding a fiduciary breach
NEWS OPINION MAY 26, 2023
3 best practices for avoiding a fiduciary breach

Given the many lawsuits filed against retirement plan sponsors in recent years for breaching their fiduciary duties, here are the steps plan committees should be taking to mitigate risk.