Regulation And Legislation

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More companies planning PEPs, with potential in auto-IRA states
NEWS RETIREMENT PLANNING SEP 24, 2021
More companies planning PEPs, with potential in auto-IRA states

States such as California, Oregon and Illinois are requiring small businesses to either provide their own 401(k)s or sign up for the state program — and that is a massive opportunity for startup plans.

Wisconsin RIA defrauded clients, SEC charges
NEWS RIAS SEP 24, 2021
Wisconsin RIA defrauded clients, SEC charges

The agency alleges that Michael Shillin lied to clients, many of them elderly, about the value of their investments.

Adviser's cross-border niche targets Canadians moving south, and vice versa
NEWS RIAS SEP 24, 2021
Adviser's cross-border niche targets Canadians moving south, and vice versa

Cardinal Point Wealth Management targets Canadian snowbirds, but found a rich market of clients needing cross-border advice.

Fiduciary advocates call on SEC to fix Form CRS
NEWS REGULATION AND LEGISLATION SEP 23, 2021
Fiduciary advocates call on SEC to fix Form CRS

A new study by the Institute for the Fiduciary Standard asserts the document blurs the line between advisers and brokers.

Congressmen propose portable retirement accounts
NEWS RETIREMENT PLANNING SEP 23, 2021
Congressmen propose portable retirement accounts

The measures would require everyone in the country to receive a portable account at the time they are given a Social Security number.

Berthel Fisher latest to face penalty over fund charges
NEWS PRACTICE MANAGEMENT SEP 23, 2021
Berthel Fisher latest to face penalty over fund charges

The SEC has been cracking down on disclosures surrounding payments by funds to broker-dealers and RIAs. The agency launched an initiative in February 2018 to target advisory firms that recommended high-fee mutual funds.

Powell says Fed taper could start 'soon,' end around mid-2022
NEWS REGULATION AND LEGISLATION SEP 23, 2021
Powell says Fed taper could start 'soon,' end around mid-2022

The central bank could start scaling back its asset purchases in November, the Fed chairman said, after policy makers revealed a growing inclination to raise interest rates next year.

SEC, Finra officials: Don’t just go through motions on Reg BI compliance
NEWS PRACTICE MANAGEMENT SEP 22, 2021
SEC, Finra officials: Don’t just go through motions on Reg BI compliance

Regulators said brokerages should not only tell reps what Reg BI says but provide examples of how to meet its requirements.

Break up Wells Fargo? OK, but what are its advisers worth?
NEWS WIREHOUSES SEP 22, 2021
Break up Wells Fargo? OK, but what are its advisers worth?

Wells Fargo Advisors could fetch more than $20 billion in this high-demand market for wealth management firms.

New NASAA leader calls for expungement reform
NEWS REGULATION AND LEGISLATION SEP 21, 2021
New NASAA leader calls for expungement reform

Maryland Securities Commissioner Melanie Senter Lubin said brokers should be able to clear their records only in very limited circumstances.

State regulators: Advisers fall short in guarding against senior financial abuse
NEWS PRACTICE MANAGEMENT SEP 21, 2021
State regulators: Advisers fall short in guarding against senior financial abuse

A NASAA exam sweep shows that more than half of advisers lack policies and procedures to address exploitation of elderly clients.

XYPN petitions SEC for brighter line between brokers, advisers
NEWS REGULATION AND LEGISLATION SEP 20, 2021
XYPN petitions SEC for brighter line between brokers, advisers

The network is prodding the SEC to force brokers to register as advisers if they give advice, provide financial planning or hold themselves out as advisers.

Finra dings former Merrill broker for not reporting pot bust
NEWS PRACTICE MANAGEMENT SEP 20, 2021
Finra dings former Merrill broker for not reporting pot bust

The broker, Shaiful Chowdhury, was arrested for possession of 10 pounds of marijuana a month after he joined Merrill Lynch in New York City.

Regulators: Trading app nudges could be investment advice, trigger Reg BI
NEWS PRACTICE MANAGEMENT SEP 20, 2021
Regulators: Trading app nudges could be investment advice, trigger Reg BI

The more individually tailored a communication to a customer is, the more likely it is a recommendation, SEC Commissioner Allison Herren Lee said during the NASAA fall meeting.

Toward a national auto-IRA
NEWS RETIREMENT PLANNING SEP 20, 2021
Toward a national auto-IRA

While industry groups argue the programs will take business away from advisers, there are still ways to get involved in the retirement planning process.

RBC to pay SEC $800,000 for muni offering violations
NEWS FIXED INCOME SEP 17, 2021
RBC to pay SEC $800,000 for muni offering violations

The agency says the firm favored ‘flippers’ over institutional and retail clients when it allocated newly issued municipal bonds.

Finra probes brokerages' use of social media for prospecting
NEWS FINTECH SEP 17, 2021
Finra probes brokerages' use of social media for prospecting

The broker-dealer self-regulator launched the exam sweep a couple of weeks after the Securities and Exchange Commission released a request for comment about the “digital engagement practices” used by investment advisers and broker-dealers.

Finra suspends salesman over commuting expenses
NEWS PRACTICE MANAGEMENT SEP 17, 2021
Finra suspends salesman over commuting expenses

The salesman, Anthony DeJohn, improperly used BMO's funds by charging to his corporate card and obtaining reimbursement for $2,270 in daily commuting expenses, according to Finra.

NVIDIA 401(k) lawsuit swatted down, for now
NEWS RETIREMENT PLANNING SEP 17, 2021
NVIDIA 401(k) lawsuit swatted down, for now

The court granted a motion to dismiss the claims against the company, although the plaintiffs have 30 days to amend their complaint to address its shortcomings.

Finra extends brokerage office remote inspections into 2022
NEWS PRACTICE MANAGEMENT SEP 16, 2021
Finra extends brokerage office remote inspections into 2022

The rule change is effective immediately and will become operative on Jan. 1, if the Securities and Exchange Commission does not object.