Displaying items by tag: SEC

The advent of digital advice has not only made investing easier but has also allowed client interactions to become more seamless. With more client interactions moving online, do online content and advice still put a client's best interest first? That’s a question the SEC, industry lawyers, and other regulators are contemplating. While online firms such as Robinhood came under scrutiny for gamifying investor behavior, something as simple as an investment calculator on an advisor website can be construed as a recommendation. Last August, the SEC issued a request for comment about broker-dealers’ and investment advisors’ digital engagement practices. Keith Kessel, a senior principal consultant at ACA Group, told Financial Advisor IQ that the SEC “is trying to ascertain in what set of scenarios would a recommendation or solicitation exist versus what are those engagement practices that are outside of the purview of the scope of the solicitation of the suitability rule and/or Regulation Best Interest regulation duty as such.” He also noted that the SEC’s request for comment “emphasizes the regulator’s concern about the blurring of the lines between engagement and advice.”

Finsum: As more client interactions occur online, the SEC is trying to determine what constitutes advice and what constitutes engagement.

Earlier last week, the SEC and the Commodity Futures Trading Commission disclosed that they levied fines of more than $1.71 billion on several Wall Street firms. The regulators issued penalties to 16 financial companies for the failure to monitor the use of unauthorized messaging apps. The banks that were penalized include some of the largest firms on Wall Street, including Bank of America, Goldman Sachs, Citigroup, Morgan Stanley, Credit Suisse, and Barclays. The SEC’s probe revealed that between January 2018 and September 2021, employees of the aforementioned firms used WhatsApp, personal email, and other unauthorized services on their personal devices to communicate work-related matters. Personal devices can pose risk to an organization's data since it may not be as protected from cyberattacks as a secure company device, which enforces corporate security policies. Making matters worse, the 16 companies also failed to adequately maintain records of the communication, which hindered the investigation. In fact, the firms were not charged for the lax security, but their negligence in the documentation.

Finsum: The SEC and Commodity Futures Trading Commission fined 16 Wall Street firms a combined $1.71 billion for not maintaining documentation on the use of unauthorized messaging apps.

During recent testimony before the Senate Banking Committee, SEC Chair Gary Gensler told senators that the agency needs more resources for exams. He said the exam division’s “work is essential to ensuring strong compliance across the board,” including “work to test for compliance with Regulation Best Interest.” Gensler said the enforcement division “is doing more with less” and “more cases are being litigated and going to trial.” He also stated, “The SEC has tried the same number of cases to verdict in federal courts in FY22 (14) as we did in the prior three fiscal years combined.” For fiscal 2021, Gensler said the SEC received 46,000 tips, complaints, and referrals from the public. This was up from about 16,000 five years earlier. For the exam division, Gensler said the division exceeded the previous year’s numbers by completing more than 3,000 exams and the fiscal 2023 budget request supports an additional 4% increase in full-time examiners.

Finsum: In recent testimony, SEC Chair Gary Gensler asked the Senate for more funding for exams, including compliance with Reg BI.

According to Sage Advisory in its recently released fourth annual stewardship report, ETF issuers offered much less manager disclosure and transparency regarding their ESG activities compared to their responses in the previous year’s report. The financial firm said that ETF firms had a “distinct change in tone” and “restrained language” in their responses to the survey. The firm attributes the drop in transparency to pending regulation in Europe and from the SEC that would require issuers to define ESG investments more clearly. Regulators are looking to crack down on firms that government agencies believe are overstating their fund’s ESG credentials, also known as greenwashing. The survey covered seven areas of stewardship such as proxy voting, climate and governance, and had a total of 69 questions. Based on its report, the firm believes that fines and proposed regulations could have both positive and negative consequences. The positive is that greenwashing could become less common, while the negative is that a lack of transparency could become an issue.

Finsum:As a result of pending regulations, ETF firms are becoming less transparent regarding their ESG activities.

Not only did the SEC’s Regulation Best Interest (Reg BI) take effect about two years ago, since then, its had tongues wagging, according to questce.com. The topic continued to flash plenty of energy at FINRA’s recent 2022 Annual Conference.

So, what insights have been gained since Reg Bi was implanted and, to this point, what’s clicked for firms? Have any conflicts been isolated?

A few pieces:

1.) FINRA will be Conducting Deeper Reg BI Exams

FINRA wasted no time acknowledging that, down the road, it will undertake deeper reviews of Reg Bi and Form CRS.

2.) Audits Unveiled Some Good (and Bad) Behaviors

3.) Product Decision Trees Should be Documented

4.) Training/Policies Needs to go Beyond Rule Definitions

Meantime, senators recently were informed by Gary Gensler, chair of the Securities and Exchange Commission, that additional resources are required by the agency, according to thinkadvisor.com. The exam division’s “work is essential to ensuring strong compliance across the board,” including “work to test for compliance with Regulation Best Interest,” he continued.

The enforcement division’s “doing more with less,” Gensler said in testimony before the Senate Banking Committee, the site continued.

The tip line was burning in fiscal 2021, with the agency handling 46,000 tips, complaints and public referrals, the chair added. Five years earlier, that number stood at about 16,000.