Displaying items by tag: regulation

Private equity's growing control of rental housing has sparked concern as rents continue to rise, prompting calls for scrutiny from lawmakers. Senator Elizabeth Warren, joined by three colleagues, recently questioned KKR on how its recent $2.1 billion investment in rental units across eight states will impact long-term tenants and rental rates. 

KKR asserts its investments provide high-quality housing, but critics argue these acquisitions contribute to rising costs and fewer homeownership opportunities for regular buyers.

A Harvard report shows that rents have surged far faster than household incomes, putting financial strain on tenants who are forced to limit spending on essentials. Vice President Kamala Harris and other leaders have also highlighted private equity’s role in pricing out individual buyers and impacting housing affordability. 

Finsum: This type of regulation will obviously depend on the election results but there is little doubt that the Harris administration will make large changes to housing. 

California’s new retirement law, effective January 1, 2025, reduces protections on tax-qualified retirement plans, impacting debtors who may now face increased vulnerability to creditor claims. This law applies a means test to assets in 401(k)s and similar plans, allowing judges to assess how much of these funds can be claimed by creditors based on the debtor’s other assets and timeline to retirement. 

While federal ERISA protections still shield assets within qualified plans from creditors, these safeguards do not extend to distributions, meaning assets will be only partially protected once withdrawn. 

Some debtors may consider relocating to states offering full retirement asset exemptions, while others might roll their assets into self-directed IRAs, potentially securing greater protection through international investments. 

Finsum: The election will play a pivotal roll in the future of retirement regulation and advisors should monitor the developments. 

The U.S. is close to finalizing rules that will restrict certain American investments in China’s artificial intelligence sector, with a focus on national security. These regulations, currently under review by the Office of Management and Budget, are expected to be released soon and stem from an executive order issued by President Biden in August 2023. 

The new rules will require U.S. investors to notify the Treasury Department about AI-related investments and limit funding for technologies like semiconductors, quantum computing, and microelectronics that could benefit China's military. 

Some exceptions, such as investments in publicly traded securities and certain limited partnerships, have been proposed. Experts expect further clarification in the final rules, particularly regarding AI's scope and the conditions for limited partners. 

Finsum: There seems to be broader efforts to safeguard U.S. technological from China and this trend is worth monitoring. 

A proposed California bill is aiming to tighten oversight of private equity investments in healthcare, requiring these firms to obtain state approval before acquiring medical businesses. This type of regulation would significantly slow down medical and healthcare acquisitions for PE in a crucial state, which could have severe consequences for the industry. 

Backed by unions, consumer advocates, and the California Medical Association, the legislation addresses concerns that private equity deals often lead to higher costs, reduced care quality, and decreased access to essential services. However, hospitals and other opponents argue that such regulations could deter much-needed investments. 

The bill, while excluding for-profit hospitals, targets a broad range of healthcare entities, reflecting increased scrutiny of private equity’s impact on the sector. Proponents see the measure as crucial for safeguarding patient care, whereas critics warn of potential adverse effects on healthcare funding. 

Finsum: There is a lot of money for private equity on the sidelines right now, hopefully regulation doesn’t slow down what could be a huge fall quarter.  

The Supreme Court's recent decision to overturn the "Chevron deference" doctrine is expected to significantly impact the financial industry, creating greater regulatory uncertainty. This doctrine, based on a 1984 precedent, previously allowed government agencies to interpret the laws they administer with substantial autonomy. 

Experts like Prof. Richard Lazarus from Harvard Law School anticipate that the ruling will disrupt the legal system, as much of lawmaking over the past 40 years relied on Chevron deference. Regulatory agencies such as the SEC, Federal Reserve, OCC, CFPB, and CFTC will now need to draft rules more carefully to align with specific statutory language. 

Despite the potential for less regulation, large banks and industry groups have largely remained silent on the decision, though the American Bankers Association has expressed that the ruling underscores the necessity for federal agencies to operate within their statutory limits. 

Finsum: We’ll see how tightly regulation becomes as an issue leading into falls major election.