Monday, 24 October 2022 11:20

Citizen’s arrest?

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See the badge, mister? Shiny, huh? Smudges? Please.

Yep; the sheriff’s in town. At the recent 2022 PLANADVISER National Conference, the ongoing enforcement of the Regulation Best Interest package was a hot topic among SEC speakers, according to -planadvisder.com. The package now is fully enforced. But the subject had plenty of company; other SEC regulatory efforts -- including proposed regulations concerning money market funds, ESG investments and cybersecurity – also were addressed.

The SEC’s updated interpretation of the fiduciary duty as prescribed by the Investment Advisers Act was in total effect as well.

Now, when the law speaks, of course, listening up’s highly recommended. Here, for instance: upon passing a recommendation to a retail customer, brokerage professionals are required to act in a retail customer’s best interest. Putting their own financial or other interest ahead of the retail customer’s interests? Yep: a no no for those professionals.

For more than the past year, Reg. Bi and Form CRS compliance have been in the crosshairs of FINRA and the SEC. That included the maiden SEC Reg. Bi settlement, which occurred in June, according to goodwinlaw.com.

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