Regulation And Legislation

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State-regulated advisers want a piece of testimonial marketing action
NEWS PRACTICE MANAGEMENT OCT 18, 2021
State-regulated advisers want a piece of testimonial marketing action

Smaller state advisers want to be able to post client endorsements and quote them in ads when bigger SEC-registered firms get the green light.

Edward Jones loses $30 million cyberbullying claim over fake sex ads
NEWS FINTECH OCT 18, 2021
Edward Jones loses $30 million cyberbullying claim over fake sex ads

The former broker, Dalas Gundersen, sued Edward Jones in 2015, seeking damages, after three fake gay-sex ads were posted on Craigslist earlier that year listing his business phone number.

TIAA faces class action over rollovers
NEWS RETIREMENT PLANNING OCT 15, 2021
TIAA faces class action over rollovers

TIAA settled claims in July from the SEC and New York State. Deloitte was recently sued over its plan, and Aon prevailed in a lawsuit.

SEC set to allow Bitcoin futures ETFs
NEWS ALTERNATIVES OCT 15, 2021
SEC set to allow Bitcoin futures ETFs

Unlike Bitcoin ETF applications that the regulator has previously blocked, the proposals by ProShares and Invesco are based on futures contracts, and the SEC isn't likely to block them from starting to trade next week.

ESG proponents push for legislation addressing retirement investing
NEWS RETIREMENT PLANNING OCT 14, 2021
ESG proponents push for legislation addressing retirement investing

Democratic bills in Congress would codify the Biden administration's proposal, but Republican support is lacking.

Insurance products are morphing into securities
NEWS RIAS OCT 13, 2021
Insurance products are morphing into securities

Carson Group Excell conference whets the appetite of advisers looking for fee-based insurance products.

Labor Department issues ESG rule proposal for 401(k)s
NEWS RETIREMENT PLANNING OCT 13, 2021
Labor Department issues ESG rule proposal for 401(k)s

The proposal seeks to clarify that ESG factors can be financially material. It also specifies that such investments can be used as part of the default investment options in 401(k)s.

SEC to assess when 'psychological nudges' become recommendations
NEWS FINTECH OCT 12, 2021
SEC to assess when 'psychological nudges' become recommendations

Securities and Exchange Commission Chairman Gary Gensler said his agency will determine when digital engagement practices used by online platforms cross the line into investment advice.

Congress is going after the largest IRAs
NEWS RETIREMENT PLANNING OCT 12, 2021
Congress is going after the largest IRAs

The proposals in Congress might not become law, but clients are hearing about them and want to hear from their advisers on planning moves they could make to be better prepared.

Finra targets SPACs in latest exam sweep
NEWS REGULATION AND LEGISLATION OCT 11, 2021
Finra targets SPACs in latest exam sweep

Proponents say special purpose acquisition companies help ordinary investors participate in private equity markets. Regulators are concerned about conflicts and fees in the complicated public offerings.

SEC enforcement director stresses ‘proactive compliance’ on Reg BI
NEWS PRACTICE MANAGEMENT OCT 08, 2021
SEC enforcement director stresses ‘proactive compliance’ on Reg BI

The rule goes 'significantly beyond' suitability, and firms should give their reps the tools they need to 'identify, disclose and mitigate conflicts prohibited under Reg BI,' Gurbir Grewal said.

UBS sued over muni-bond snafu that cost clients
NEWS FIXED INCOME OCT 08, 2021
UBS sued over muni-bond snafu that cost clients

UBS Financial Services misreported interest paid on taxable munis, resulting in higher tax bills for clients, according to a lawsuit.

AT&T fends off 401(k) fee suit
NEWS RETIREMENT PLANNING OCT 08, 2021
AT&T fends off 401(k) fee suit

The company recently received summary judgment in the case filed against it. Another company, Wesco Distribution, won a motion to dismiss in a separate case, and tech firm PTC appears to have reached a settlement in another.

Wall Street could get four Bitcoin futures ETFs this month
NEWS ALTERNATIVES OCT 08, 2021
Wall Street could get four Bitcoin futures ETFs this month

The applications the SEC will consider, for ETFs that hold Bitcoin futures, all follow a format that SEC Chair Gary Gensler has indicated could be received favorably by the regulator.

What's coming for RIAs from Washington: New regs
NEWS RETIREMENT PLANNING OCT 07, 2021
What's coming for RIAs from Washington: New regs

Tax changes are coming too, but the experts — like everyone else — await details.

Debt ceiling brinkmanship not a concern for advisers
NEWS ALTERNATIVES OCT 07, 2021
Debt ceiling brinkmanship not a concern for advisers

The devastating consequences of a default make it unlikely to happen, advisers say. Inflation is a bigger threat.

SEC freezes assets of California adviser, options firm
NEWS REGULATION AND LEGISLATION OCT 06, 2021
SEC freezes assets of California adviser, options firm

Ron Harrison’s clients lost money while he collected fees based on the purported gains he made by trading options, the agency charges.

ESG space should welcome the regulatory spotlight
NEWS ESG OCT 06, 2021
ESG space should welcome the regulatory spotlight

Support from corporate executives and slick marketing is no match for rules and regulation when it comes to managing sustainable portfolios.

Robinhood says SEC faces high legal burden to change broker-app rules
NEWS REGULATION AND LEGISLATION OCT 06, 2021
Robinhood says SEC faces high legal burden to change broker-app rules

As the agency looks at whether game-like features used by the online trading platform lead to excessive trading by retail investors, Robinhood says additional regulation could be rejected by U.S. courts.

SEC will ensure Reg BI fulfills best-interest promise: Gensler
NEWS ALTERNATIVES OCT 05, 2021
SEC will ensure Reg BI fulfills best-interest promise: Gensler

Rep. Ann Wagner, R-Mo., raised concerns about what Gensler's recent hiring of Barbara Roper means for the future of the Regulation Best Interest standard of conduct.