Regulation And Legislation

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SEC's Gensler takes aim at robo-adviser investing strategies
NEWS FINTECH MAR 17, 2022
SEC's Gensler takes aim at robo-adviser investing strategies

The Securities and Exchange Commission chairman raised questions about the effect that behavioral prompts — like encouraging clients to trade more often or using algorithms to steer them into high-risk, high-fee products — might have on investing outcomes.

SEC obtains judgment against Ohio adviser who defrauded investors
NEWS REGULATION AND LEGISLATION MAR 17, 2022
SEC obtains judgment against Ohio adviser who defrauded investors

Scott Allen Fries, a former Transamerica rep and adviser, took at least $458,000 from at least 10 individuals.

Finra board approves remote-inspection proposals, sends them to SEC
NEWS PRACTICE MANAGEMENT MAR 16, 2022
Finra board approves remote-inspection proposals, sends them to SEC

Finra didn't provide details about the rules, which will be made public when they're submitted to the Securities and Exchange Commission.

Suit against Vanguard focuses on big tax bills for target-date funds
NEWS RETIREMENT PLANNING MAR 15, 2022
Suit against Vanguard focuses on big tax bills for target-date funds

Vanguard was forced to sell as much as 15% of the assets in retail target-date funds, resulting in substantial capital gains taxes for investors who held the funds in taxable accounts, the lawsuit asserts.

SEC Democratic commissioner Allison Herren Lee plans to leave Wall Street regulator
NEWS REGULATION AND LEGISLATION MAR 15, 2022
SEC Democratic commissioner Allison Herren Lee plans to leave Wall Street regulator

Lee will stay at the watchdog until President Joe Biden names her successor and that person is confirmed by the Senate.

SEC warns brokers to be 'vigilant' amid increased market volatility
NEWS REGULATION AND LEGISLATION MAR 15, 2022
SEC warns brokers to be 'vigilant' amid increased market volatility

The regulator said that firms should stress-test trading positions in light of 'current events and potential market movements.'

Brokerages want remote office inspections to be part of new normal
NEWS REGULATION AND LEGISLATION MAR 11, 2022
Brokerages want remote office inspections to be part of new normal

Firms say technological advances allow them to oversee reps no matter where they work. A compliance expert cautions that the best evidence of malfeasance is found on site.

Gundlach’s DoubleLine gets SEC green light to launch its first ETFs
NEWS MUTUAL FUNDS MAR 11, 2022
Gundlach’s DoubleLine gets SEC green light to launch its first ETFs

The firm's applications related to the DoubleLine Opportunistic Bond ETF and the DoubleLine Shiller CAPE U.S. Equities ETF have been granted 'effective immediately.'

DOL warns 401(k) plan fiduciaries against offering crypto investments
NEWS RETIREMENT PLANNING MAR 10, 2022
DOL warns 401(k) plan fiduciaries against offering crypto investments

The agency 'has serious concerns about the prudence' of exposing plan participants' retirement savings to investments that carry 'significant risks of fraud, theft, and loss.'

Finra seeks comments on possible changes to oversight of complex products
NEWS ALTERNATIVES MAR 10, 2022
Finra seeks comments on possible changes to oversight of complex products

The regulator is assessing the risks that may arise when retail investors purchase complicated investments without the help of a financial adviser.

ESG managers press SEC for full emissions disclosure rule
NEWS PRACTICE MANAGEMENT MAR 10, 2022
ESG managers press SEC for full emissions disclosure rule

Investors representing $4 trillion urge regulator to include Scope 3 emissions in corporate climate reporting.

Biden’s digital assets directive fails to provide clarity for advisers
NEWS ALTERNATIVES MAR 09, 2022
Biden’s digital assets directive fails to provide clarity for advisers

Advisers will have to wait a while longer before they get answers on issues such as custody, as regulators sort out crypto oversight.

Biden aims for coordinated approach to overseeing crypto
NEWS ALTERNATIVES MAR 09, 2022
Biden aims for coordinated approach to overseeing crypto

The White House executive order is the first attempt at coordinating the government's strategy, although it falls short of providing a clear direction on regulation.

Pelosi's portfolio performance now wrapped in an ETF
NEWS EQUITIES MAR 08, 2022
Pelosi's portfolio performance now wrapped in an ETF

Retail investors can now benefit from the inside scoop right along with the 18-term U.S. representative.

Finra fines Deutsche Bank $2 million for failing to get best prices for customer orders
NEWS EQUITIES MAR 08, 2022
Finra fines Deutsche Bank $2 million for failing to get best prices for customer orders

Best execution has become a regulatory priority for Finra and the SEC in the wake of the January 2021 GameStop trading frenzy.

SEC charges barred adviser with fraud
NEWS REGULATION AND LEGISLATION MAR 07, 2022
SEC charges barred adviser with fraud

David Schamens, who was barred back in 1992 for lying to retail investors, solicited investments in a pooled investment vehicle, but used the money for personal expenses and to repay previous investors, according to the SEC.

SEC promises not to play ‘gotcha’ in early days of new marketing rule
NEWS RIAS MAR 07, 2022
SEC promises not to play ‘gotcha’ in early days of new marketing rule

Even with a long runway — the rule became effective last May 4 with an implementation deadline of Nov. 4 — getting ready for the measure has become a top compliance worry for advisers.

SEC examines 16% of RIAs, and it's not likely to go higher
NEWS RIAS MAR 04, 2022
SEC examines 16% of RIAs, and it's not likely to go higher

The size of the agency's examination staff hasn't increased meaningfully in recent years and it can't keep up with the growth in advisers, an official said.

Land O'Lakes settles 401(k) suit for $1.8 million
NEWS RETIREMENT PLANNING MAR 04, 2022
Land O'Lakes settles 401(k) suit for $1.8 million

The lawsuit filed in 2020 questioned the plan's procedures for selecting prudent investments and alleged it failed to properly monitor record-keeping fees.

SEC’s Crenshaw assures advisers agency doesn’t seek to punish cyberattack victims
NEWS ALTERNATIVES MAR 03, 2022
SEC’s Crenshaw assures advisers agency doesn’t seek to punish cyberattack victims

The new director of the SEC Division of Investment Management, William Birdthistle, makes his public debut at the Investment Adviser Association conference.