Displaying items by tag: reg bi

Over the summer, the SEC made a proposal that advisors and brokers would have to address conflicts that emerge through investors interacting with artificial intelligence, an algorithm, or similar technology. At the Securities Industry and Financial Markets Association annual conference, there was some discussion over this proposal with SEC Chair Gary Gensler challenging the audience of financial professionals in his remarks.

Essentially, many believe that this is a way to expand Reg BI to make it apply to all sorts of interactions that happen between an advisor and client. SEC Chair Gary Gensler pushed back on this when he remarked, “We’re not trying to change Reg BI or change the fiduciary guidance.” He clarified that instead the SEC is looking to crack down on the use of predictive analytics to ‘micro target’ investors.

According to Gensler, there is an inherent conflict between current standards and this new technology if it’s built to help an advisor or broker increase their earnings as it would lead to unsuitable recommendations. He wants to see these algorithms modified so that the advisors’ interests are eliminated or neutralized. However, he didn’t have a strong opinion on how this should be achieved, citing that there are multiple paths to achieving this goal.  

Finsum: The SEC is proposing a new rule for use of AI and predictive data analysis. At a recent conference, SEC Chair Gary Gensler provided some more details about the proposal. 

A little more than 3 years ago, the SEC strengthened fiduciary rules with the passage of Reg BI, and this was also adopted by FINRA. According to a recent report from state regulators, brokerages are still struggling to comply with these new regulations.

In essence, Reg BI ensures that any recommendations made by a broker have to be offered impartially along with an explanation of any alternatives. The purpose of these rules is to ensure that there is no conflict between a broker and the client without necessarily imposing the full fiduciary obligation of RIAs. 

The North American Securities Administrators Association (NASAA) reviewed broker compliance efforts and found middling results especially given that 3 years have passed. Additionally, the SEC and FINRA have stepped up enforcement efforts this year.  According to the group, there remains room for improvement especially as many brokers remain uncertain about the rule and its application to products like annuities, leveraged products, private placements, or other alternative investment products. 

Many firms are creating their own protocols regarding compliance and spending more time on understanding their clients’ risk tolerance and goals before providing recommendations. However, the group also found that many brokerages are too lax especially when it comes to providing disclosures and alternative recommendations. 

FinSum: The North American Securities Administrators Association conducted an audit of brokerage to see how Reg BI compliance efforts are going. 

No bi week for Reg Bi, no siree.

Bill St. Louis, executive vice president and head of the National Cause and Financial Crimes Detection Program at FINRA, recently announced the intention of the organization to hold Reg Bi compliance exams of 1000 broker-dealers, according to natlawreview.com. They’ll take place by year’s end.

While on the books for nearly three years, enforcement actions under the rules has generated little action from FINRA.

Christopher Kelly, FINRA’s acting head of enforcement, said there will be no new standard applied in the enforcement actions.

“Both Reg BI for broker-dealers and the IA fiduciary standard for investment advisers are drawn from key fiduciary principles that include an obligation to act in the retail investor’s best interest and not to place their own interests ahead of the investor’s interests,” the SEC states in a staff bulletin released in late April, reported investmentnews.com.

From the staff’s perspective: “although the specific application of Reg BI and the IA fiduciary standard may differ in some respects and be triggered at different times, they generally yield substantially similar results in terms of the ultimate responsibilities owed to retail investors.”

Regulation Best Interest (Reg BI) was approved in 2019, although enforcement has only picked up this year. The law requires brokers to only recommend products to customers that are in their best interest. Brokers also have to be transparent with customers about any potential conflicts of interest and financial benefits to recommendations they make. 

For Investment Executive, James Langston covers Monmouth Capital Management’s multiple violations of Reg BI which has led to expulsion from the industry from FINRA. Monmouth is being charged with excessive trading of 110 client accounts between August 2020 and February 2023 by 6 company reps, leading to losses of $3.9 million. 

Unfortunately, many of the victims included ‘Gold Star’ families with their investment proceeds coming from death benefits from a family member passing away while serving in the military. 

 In addition to FINRA taking action against the brokerage, the Department of Justice and SEC charged Caz Craffy, a former US Army financial counselor and Monmouth broker, for defrauding clients through excessive trading and risky investing. He also had a blatant conflict of interest given his dual roles as a broker and financial counselor. Overall, he earned $1.4 million in commision from clients with losses of $3.4 million due to bad trades. 

Finsum: FINRA, the SEC, and Department of Justice are pursuing action against Monmouth Capital Management due to violations of REG BI and mismanagement of clients’ funds.

In an article for InvestmentNews, Mark Schoeff Jr. covers the latest developments in the SEC and FINRA’s implementation of Regulation Best Interest (Reg BI). Reg BI was passed in 2019 and implemented in 2020. It requires brokers to only recommend products to customers that are in their best interests, while also informing clients of any potential conflicts of interest and financial benefits to them. 

There were some questions about how Reg BI would fit in along with ‘fiduciary duty’ which is another standard that brokers must abide by. Based on recent SEC comments, it seems as if the Reg BI and fiduciary duty are working in tandem to ensure that brokers are placing their clients’ interests above their own. They also stress that although both may be triggered at different times, they are having a similar impact in terms of promoting better behavior from brokers.

In recent months, enforcement of Reg BI and the fiduciary standard have increased. In part, it’s due to greater clarity around the topic and a change in SEC leadership to Chair Gary Gensler and control of the body by Democrats. Until Gensler’s tenure, Republicans see Reg BI as the primary tool for oversight, while Democrats traditionally favor the fiduciary standard.

Finsum: One area of confusion has been the implementation of Reg BI which overlaps with the fiduciary standard for broker-dealers. Recently, the SEC has been saying that both are effective tools that are resulting in better behavior for brokers.