Regulation And Legislation

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Made a killing in crypto? Your tax bill is coming due
NEWS ALTERNATIVES APR 07, 2022
Made a killing in crypto? Your tax bill is coming due

Digital tokens like Bitcoin and Ethereum are classified as property by the Internal Revenue Service and taxed like stocks and bonds.

Pelosi adviser among Biden's nominees for SEC commissioner slots
NEWS PRACTICE MANAGEMENT APR 06, 2022
Pelosi adviser among Biden's nominees for SEC commissioner slots

President Joe Biden plans to nominate Jaime Lizarraga, a senior adviser to House Speaker Nancy Pelosi, and Mark Uyeda, who has spent a chunk of his career at the SEC.

Partisan split dims outlook for retirement bill approved by House panel
NEWS RETIREMENT PLANNING APR 06, 2022
Partisan split dims outlook for retirement bill approved by House panel

Many provisions in the House Education and Labor Committee bill have only Democratic backing, which reduces their chances of being part of a bigger retirement savings measure later this year.

Finra bars ex-Cetera rep who used clients’ money for own family's investments
NEWS PRACTICE MANAGEMENT APR 06, 2022
Finra bars ex-Cetera rep who used clients’ money for own family's investments

The broker, Marianne O'Shee Smith, a 34-year veteran of the securities industry, used $45,100 she had received from three customers, all senior citizens.

Democrat Joe Manchin opposes SEC’s climate proposal
NEWS ESG APR 05, 2022
Democrat Joe Manchin opposes SEC’s climate proposal

The senator expresseed concern that the proposal would unfairly burden carbon-intensive energy companies.

Ex-BofA employees among 6 banned by Fed over Covid loan fraud
NEWS REGULATION AND LEGISLATION APR 05, 2022
Ex-BofA employees among 6 banned by Fed over Covid loan fraud

The Federal Reserve banned the former bank employees for fraudulently obtaining loans designed to provide economic relief to small businesses during the pandemic.

Wells Fargo agrees to pay $32.5 million to settle 401(k) lawsuit
NEWS REGULATION AND LEGISLATION APR 05, 2022
Wells Fargo agrees to pay $32.5 million to settle 401(k) lawsuit

The settlement, filed in U.S. District Court for the District of Minnesota, relates to the 401(k) plan's use of the bank's own offerings.

Supreme Court ruling could add uncertainty in Finra arbitration
NEWS REGULATION AND LEGISLATION APR 04, 2022
Supreme Court ruling could add uncertainty in Finra arbitration

Petitions to confirm or vacate awards are now more likely to be heard in state courts, where judges tend to be more skeptical of arbitration than their federal counterparts.

Court orders former investment adviser to pay $530,000 in fraud case
NEWS REGULATION AND LEGISLATION APR 01, 2022
Court orders former investment adviser to pay $530,000 in fraud case

Massachusetts adviser Richard Duncan got two clients to invest in a scam that originated in Turkey.

How Biden's billionaire tax would hit the wealthy
NEWS RETIREMENT PLANNING APR 01, 2022
How Biden's billionaire tax would hit the wealthy

Under Biden's plan, wealthy individuals would owe taxes on the unrealized gains of their assets, in addition to realized gains, a change that would upend long-standing tax principles.

Court dismisses ERISA case against Principal
NEWS RETIREMENT PLANNING MAR 31, 2022
Court dismisses ERISA case against Principal

The judge says the insurer didn’t violate its fiduciary duty by retaining agreed-upon investments.

Massachusetts judge strikes down state’s fiduciary rule
NEWS REGULATION AND LEGISLATION MAR 31, 2022
Massachusetts judge strikes down state’s fiduciary rule

Michael Kitces says Massachusetts chief securities regulator William Galvin misfired by trying to impose fiduciary duty on brokers. Robinhood celebrates its win.

ESG, Reg BI top SEC’s examination priorities
NEWS ESG MAR 30, 2022
ESG, Reg BI top SEC’s examination priorities

The SEC will be on guard against greenwashing, and it also will probe RIAs regarding revenue sharing, 12b-1 fees and wrap-fee accounts.

Taxing financial planning services is not the answer
NEWS OPINION MAR 30, 2022
Taxing financial planning services is not the answer

Proposed legislation in Kentucky that would tax services including financial planning and investment management could significantly harm the way Kentuckians save and plan for retirement.

SEC emphasizes weighing costs of account recommendations
NEWS REGULATION AND LEGISLATION MAR 30, 2022
SEC emphasizes weighing costs of account recommendations

Advisers don't always have to recommend the least expensive option, but they'd better explain why they opted for the costlier one.

Daughter of convicted adviser pleads guilty to fraud
NEWS RETIREMENT PLANNING MAR 30, 2022
Daughter of convicted adviser pleads guilty to fraud

Vania May Bell is former chief compliance officer of Executive Compensation Planners Inc., where her father was president.

SEC plans to curb bullish SPAC forecasts and add more disclosures
NEWS REGULATION AND LEGISLATION MAR 30, 2022
SEC plans to curb bullish SPAC forecasts and add more disclosures

Blank-check companies would be required to disclose more information about their sponsors and potential conflicts of interest under the agency's new plan.

House approves SECURE 2.0 with strong bipartisan vote
NEWS RETIREMENT PLANNING MAR 29, 2022
House approves SECURE 2.0 with strong bipartisan vote

Supporters of the legislation, which would raise the RMD age to 75, are pushing for Senate action to get a final bill to President Biden later this year.

Senate HELP Chair Murray promises bipartisan retirement savings bill soon
NEWS RETIREMENT PLANNING MAR 29, 2022
Senate HELP Chair Murray promises bipartisan retirement savings bill soon

The measure would be another piece of Senate legislation that complements the SECURE 2.0 bill poised for House approval.

Advisers place little faith in Biden's 'billionaire tax'
NEWS RETIREMENT PLANNING MAR 29, 2022
Advisers place little faith in Biden's 'billionaire tax'

The proposal, which goes after households worth at least $100 million, enters unprecedented territory by trying to tax unrealized gains.