Displaying items by tag: SEC

Brokers better look out, the SEC has started the new year with a bang. The Commission has mostly been quiet about its potential Reg BI changes since the rule went into effect about 18 months ago. However, a big new warning has come out from Quinn Emanuel’s SEC enforcement practice. There are “strong indications” of much more robust enforcement coming. According to Kurt Wolfe of the SEC Enforcement Practice, “SEC Chair Gary Gensler is under pressure from broad constituencies to show results in the space. For example, at a recent hearing of the Financial Services Committee of the House of Representatives, Rep. Carolyn Maloney (D-N.Y.) encouraged Chair Gensler to ‘take further action to strengthen this rulemaking,”. Further, “the SEC has signaled that regulated firms may not be getting Reg BI right, and senior SEC officials have made it clear that they intend to take an expansive, perhaps aggressive, approach to Reg BI.”

FINSUM: Since Biden took office it has really only been a matter of time until enforcement scaled up. It is now clear that it is coming.

Biden was expected to come into the presidency with a tough regulation on Wallstreet. However, the snail’s pace with which Biden replaced key financial regulatory figures, hindered the quick change many expected, but now many officials are in place and change is coming. One of the biggest areas of the crackdown will be on stable coins and other digital currency as the federal government views them as systematically risky. Additionally the Biden admin will begin constricting new fintech lenders, who many in the admin see as pseudo-banks without any of the stringent regulation that affects the real banking industry. This is all part of larger changes that will take a more restrictive stance on Wallstreet undoing a lot of friendlier policies from the Trump administration and will include other central topics like climate change.

FINSUM: With many regulators now in place real change could be coming to the street, the tech-related products which are viewed as unregulated to this new administration.

The 2019 Secure Act paved the way for types of assets to be added into 401(k) plans by limiting the legal liability of partners. Since then it’s been a series of new companies announcing the addition of annuities to retirement plans. However, this is a huge chunk of money in the form of a deferred income that advisors won’t necessarily be managing. A growing number of advisory firms are concerned as large amounts of traditional investment being managed by advisors will now be tied up in annuity contracts. A peek behind who the major lobbyist for 2019 secure reveals its mainly insurance companies limiting their liability and existing retirement vehicle supporters like Fidelity. Finally, this could be bad for clients as many institutional investors can get better deals on annuity prices for their clients.

FINSUM: While the care act will undoubtedly affect annuity demand, it could adversely affect advisors in their client’s retirement future.

There have been widespread attempts by the new administration and private financial companies to expand the access to retirement vehicles, but a ‘fiduciary only’ regulation will kill retirement hopes for many low-income communities. Nearly half of black families and almost two-thirds of Hispanic families have no retirement savings account, and a stricter fiduciary rule would make it virtually impossible for these communities to get access to financial securities like annuities which allow them access to guaranteed lifetime income. Previous strict fiduciary rules like in 2016 left 10 million small retirement account owners without financial advisor access and a new rule could have a similar impact. Regulators and public officials should look into alternative approaches if they are interested in building retirement savings in underserved communities.

FINSUM: Unintended consequences of policies most often impact those the policies are seeking to help!

The Biden administration has put a number of new policies that are affecting annuities, and while some of them may be unintentional a number of companies may be moving to offshore havens to escape the pressure. Annuity issuers are being acquired by private companies and then becoming nomadic firms that are mainly housing themselves in Bermuda. The current Build Back Better act will affect annuity and insurance contracts with updates to the base erosion and anti-abuse tax. Additionally, many annuity issuers aren’t positive that the variety of retirement vehicles that are offering annuities might not be so great moving forward. Finally, low yields in are tricky for annuity issuers because they rely on traditionally high yield debt to finance the pseudo insurance contracts.

FINSUM: Annuities are one of the oldest financial contracts, it’s bizarre how much new regulation is being sprung on them in 2021.