Regulation And Legislation

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Flood of Bitcoin ETF filings  but cooling demand for funds
NEWS ALTERNATIVES AUG 12, 2021
Flood of Bitcoin ETF filings but cooling demand for funds

Digital asset investment products from Grayscale, Bitwise, 21Shares and others saw outflows for the fifth straight week, the longest such streak since January 2018.

How much does Schwab's cash sweep really cost clients?
NEWS FINTECH AUG 12, 2021
How much does Schwab's cash sweep really cost clients?

A new study by the research firm Backend Benchmarking estimates the high cash allocation in the company's automated portfolios may have cost investors more than $500 million over six years.

Advisers want Congress to restore the SALT deduction
NEWS REGULATION AND LEGISLATION AUG 11, 2021
Advisers want Congress to restore the SALT deduction

Lawmakers will wrestle with tax relief and increases for the wealthy as they put together a $3.5 trillion budget bill. SALT relief targets the $10,000 limit on the deduction for state and local taxes implemented under the 2017 tax reform.

VA settlement could lead RIAs, insurers, states to ramp up oversight
NEWS RETIREMENT PLANNING AUG 11, 2021
VA settlement could lead RIAs, insurers, states to ramp up oversight

The case shows California is paying attention to annuity recommendations made through RIAs, and other state insurance departments could follow its lead. The settlement could also lead insurers and licensed third parties that work with RIAs to scrutinize recommendations more carefully, if they don't already vet them closely.

Finra targets options trading in latest exam sweep
NEWS ALTERNATIVES AUG 11, 2021
Finra targets options trading in latest exam sweep

The regulator is probing how brokerages approve and monitor options trading for customers and is requesting information pertaining to self-directed accounts and accounts in which a registered representative made recommendations.

Gensler seeks Warren's help in crypto exchange crackdown
NEWS ALTERNATIVES AUG 11, 2021
Gensler seeks Warren's help in crypto exchange crackdown

The SEC chairman tells Sen. Warren that lawmakers should give watchdogs clear powers to write rules for exchanges, including DeFi trading venues.

SEC's Gensler takes to Twitter to push mandatory climate disclosures
NEWS ESG AUG 10, 2021
SEC's Gensler takes to Twitter to push mandatory climate disclosures

The SEC leader used an analogy inspired by the 2020 Olympic Games to support increased public-company reporting. 'It's time for the Commission to take the baton,' he posted on Twitter.

SEC accuses adviser of scamming $700,000 from sect members
NEWS REGULATION AND LEGISLATION AUG 10, 2021
SEC accuses adviser of scamming $700,000 from sect members

Evarist Amah of New Rochelle, New York, is charged with producing phony statements to fleece co-religionists.

Morgan Stanley liable for trading Apple stock without customer's consent
NEWS REGULATION AND LEGISLATION AUG 09, 2021
Morgan Stanley liable for trading Apple stock without customer's consent

The three-person, all-public panel awarded the investor $640,747, mostly in compensatory damages, but denied punitive damages, according to a Finra arbitration award.

Nasdaq wins SEC support for plan to diversify boards
NEWS PRACTICE MANAGEMENT AUG 07, 2021
Nasdaq wins SEC support for plan to diversify boards

The exchange will direct its listed companies to pursue board diversity — by having at least one female board member and at least one who identifies as a member of an underrepresented minority or LGBTQ — or explain why they don’t.

Why adviser groups won't completely shun lawmakers who voted to overturn the 2020 election
NEWS REGULATION AND LEGISLATION AUG 06, 2021
Why adviser groups won't completely shun lawmakers who voted to overturn the 2020 election

The Investment Adviser Association isn't giving to the 147 legislators who voted to decertify presidential results. The Investment Company Institute has suspended donations for now. Other groups left the door open.

Washington state testing long-term care program
NEWS RETIREMENT PLANNING AUG 06, 2021
Washington state testing long-term care program

The effort, WA Cares, is the first of its kind in the US and could serve as a model for other states.

Digital asset proposal puts spotlight on crypto taxes
NEWS ALTERNATIVES AUG 05, 2021
Digital asset proposal puts spotlight on crypto taxes

The provision, tucked inside a massive infrastructure bill, would require tax reporting for transactions similar to securities. The measure seeks to ensure that details about digital transactions — such as purchase price, gains and losses — are reported to the IRS.

Gensler comments open floodgates for Bitcoin fund filings
NEWS ETFS AUG 05, 2021
Gensler comments open floodgates for Bitcoin fund filings

The SEC chairman's nod toward '40 Act crypto funds is the only opening the ETF space needed.

Brokerage firm, 2 principals found guilty of stock fraud
NEWS REGULATION AND LEGISLATION AUG 05, 2021
Brokerage firm, 2 principals found guilty of stock fraud

Finra cancelled the license of Florida-based Spartan Securities Group in 2019.

Companies are increasing ESG reporting: US Chamber of Commerce
NEWS ESG AUG 05, 2021
Companies are increasing ESG reporting: US Chamber of Commerce

A recent survey showed most public companies are revealing information on climate change, but want mandatory ESG disclosures to be flexible.

IRA trustees wipe out an inherited IRA — their own
NEWS RETIREMENT PLANNING AUG 03, 2021
IRA trustees wipe out an inherited IRA — their own

A lifetime of accumulation and growth goes up in smoke because the beneficiaries don’t know the IRA trust tax rules. Advisers can help their clients avoid such colossal blunders.

Congress should expand SEC oversight of crypto's 'Wild West': Gensler
NEWS ALTERNATIVES AUG 03, 2021
Congress should expand SEC oversight of crypto's 'Wild West': Gensler

The Securities and Exchange Commission chairman called on lawmakers to expand the agency's investor protection mandate to include crypto trading and decentralized finance. Cryptocurrency assets are worth roughly $1.6 trillion.

3 brokers in hot water over sketchy Covid-19 loan applications
NEWS PRACTICE MANAGEMENT AUG 02, 2021
3 brokers in hot water over sketchy Covid-19 loan applications

The Financial Industry Regulatory Authority Inc. said at the start of the year it was looking into registered representatives who applied for coronavirus-relief loans for possible violations.

SEC approves Finra rule to rein in rogue brokerages
NEWS PRACTICE MANAGEMENT JUL 30, 2021
SEC approves Finra rule to rein in rogue brokerages

The rule requires firms with a history of misconduct or that employ a high number of reps with disciplinary records to deposit cash into an account controlled by the Financial Industry Regulatory Authority Inc.