Regulation And Legislation

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Insured Retirement Institute seeks to build on SECURE 2.0 wins
NEWS RETIREMENT PLANNING FEB 27, 2023
Insured Retirement Institute seeks to build on SECURE 2.0 wins

The annuity sector trade association is advocating for legislation that would mandate retirement plans for small employers that don't have them, as well as bills that would increase the use of annuities.

Republicans, Democrats battle to political stasis on ESG policy
NEWS ESG FEB 24, 2023
Republicans, Democrats battle to political stasis on ESG policy

A Republican resolution to kill the DOL ESG rule could come up for a vote soon. Democrats counter with legislation to codify the regulation.

Finra arbitrators deny both IBD's, brokers' efforts to keep each other from clients
NEWS BROKER DEALERS FEB 23, 2023
Finra arbitrators deny both IBD's, brokers' efforts to keep each other from clients

An attorney for the independent reps said the decision has implications for the entire sector. The brokerage, NexTrend Securities, may seek to vacate the award.

Oppenheimer fails to overturn $36.7 million arbitration loss
NEWS REGULATION AND LEGISLATION FEB 22, 2023
Oppenheimer fails to overturn $36.7 million arbitration loss

The firm lost the huge arbitration decision, which was decided by a Finra panel, last year to eight investors who were sold a private equity fund by a former Oppenheimer broker, John Woods.

More US states are starting to push back against anti-ESG movement
NEWS ESG FEB 22, 2023
More US states are starting to push back against anti-ESG movement

While Florida and Texas rail against sustainability, Democrats and Republicans in other states are embracing it.

Wells Fargo latest to face probe of use of messaging apps
NEWS FINTECH FEB 22, 2023
Wells Fargo latest to face probe of use of messaging apps

The SEC and the CFTC are looking at the bank's retention of employee communications related to the use of unapproved messaging apps, it disclosed in a filing.

Finra fines small B-D after years of net capital problems
NEWS PRACTICE MANAGEMENT FEB 21, 2023
Finra fines small B-D after years of net capital problems

Laidlaw & Co., with eight branch offices and 75 registered reps, was fined $200,000, according to Finra.

Mormon church, investment manager pay $5 million to settle SEC claim
NEWS REGULATION AND LEGISLATION FEB 21, 2023
Mormon church, investment manager pay $5 million to settle SEC claim

The church and its investment arm, Ensign Peak Advisers, created 13 limited liability corporations to obscure the size of the church's portfolio.

Industry, investor advocates oppose key parts of SEC mutual fund reform
NEWS RETIREMENT PLANNING FEB 17, 2023
Industry, investor advocates oppose key parts of SEC mutual fund reform

The SEC has proposed using swing pricing and a hard close for share purchases to protect investors during market meltdowns. Critics warn changes could ruin mutual funds.

Former NBA player Paul Pierce to pay $1.4 million in crypto case
NEWS ALTERNATIVES FEB 17, 2023
Former NBA player Paul Pierce to pay $1.4 million in crypto case

The SEC alleges the longtime Boston Celtic touted a crypto token without disclosing that he was paid to do so.

SEC proposes expanding advisor custody rule
NEWS ALTERNATIVES FEB 15, 2023
SEC proposes expanding advisor custody rule

The agency is considering extending the regulation to cover all assets in a client's portfolio, not just securities and funds.

Examining gamification's power and influence in the markets
NEWS OPINION FEB 15, 2023
Examining gamification's power and influence in the markets

A recent survey by CFA Institute found 20% of retail investors say their primary reason for using trading accounts is entertainment or speculation.

Schwab ordered to pay investor $144,000 for allegedly unsuitable complex ETF
NEWS ETFS FEB 14, 2023
Schwab ordered to pay investor $144,000 for allegedly unsuitable complex ETF

Dominic Ismert's attorney said the recommendation to invest in an oil fund was made 'off the cuff,' without appropriate research and analysis of whether it was suitable for him.

Jason Sugarman barred from securities industry
NEWS REGULATION AND LEGISLATION FEB 14, 2023
Jason Sugarman barred from securities industry

Last month, the California financier agreed to a $10.2 million penalty related to his alleged role in a scheme to steal money meant to be invested in Native American tribal bonds.

Florida court strikes down DOL guidance making rollover advice fiduciary
NEWS RETIREMENT PLANNING FEB 13, 2023
Florida court strikes down DOL guidance making rollover advice fiduciary

The American Securities Association had filed suit alleging that a DOL document improperly claimed that a one-time recommendation to transfer assets from a company plan to an IRA triggered fiduciary duty.

Finra fines small New York broker-dealer for Reg BI failures
NEWS PRACTICE MANAGEMENT FEB 13, 2023
Finra fines small New York broker-dealer for Reg BI failures

Finra's action against Long Island Financial Group is yet another indication of its dissatisfaction with the industry's implementation of Reg BI.

Finra can start indicating on BrokerCheck whether firm is ‘restricted’
NEWS PRACTICE MANAGEMENT FEB 10, 2023
Finra can start indicating on BrokerCheck whether firm is ‘restricted’

Investors will be able to see whether a brokerage has been flagged for having a history of misconduct or employing a number of reps with disciplinary violations.

Hundreds of pages of regulations amount to nothing until they’re enforced  
NEWS PRACTICE MANAGEMENT FEB 09, 2023
Hundreds of pages of regulations amount to nothing until they’re enforced  

We don't know how Reg BI or the CFP credential's fiduciary standard work in practice because there has been no substantial punishment for violating them.

GOP seeks to open private markets; Democrats might be willing to talk  
NEWS ALTERNATIVES FEB 08, 2023
GOP seeks to open private markets; Democrats might be willing to talk  

A House subcommittee considers GOP measures that would amend accredited-investor rules. The ranking Democrat said 'fiduciary' advisors could help retail investors become sophisticated vicariously.

Centaurus hit with $1.1 million penalty over structured product sales
NEWS ALTERNATIVES FEB 08, 2023
Centaurus hit with $1.1 million penalty over structured product sales

The SEC said brokers in the firm's Lexington, South Carolina, branch office recommended variable interest rate structured products to dozens of retail customers for whom they weren't suitable.