Displaying items by tag: SEC

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.

Think Advisor has put out a piece outlining pending changes to IRAs that are making their way through the legislative process. Importantly, some of these have bipartisan support and seem likely to make it into law. The biggest changes in the cards have to do with Roth IRA conversions. A lot has been made in the press about the mega rich doing massive IRA to Roth IRA conversions and thus congress is set to take action. Conversion between the two would be banned for those with incomes over $400,000.

FINSUM: Advisors should start helping clients plan for this change. However, there is a massive caveat here: the current congressional plan calls for this loophole to close, but only starting ten years from now!

The Security and Exchange Commission just issued a slew of new regulatory changes that would impact current trading standards. New changes could come into vote if they have majority support among the five commissioners and two others. Chairman Gensler stated he wants the public and markets to have fair material information. Essentially there is no public disclosure form when a plan to schedule share purchases takes place which can ultimately give insiders an advantage on the trading block. The research in academia has confirmed these trades are more beneficial in the ability to avoid losses inside a 60-day window.

FINSUM: These changes could lead to substantially less stock buyback plans in the coming years as insiders could face more symmetric returns.

Biden recently made his pick for a critical new position at the DOL: head of the Employee Benefits Security Administration. Lisa Gomez has been nominated and is likely to get bipartisan confirmation. Gomez is seen as critical to the redrafting of the fiduciary rule that is taking place at the DOL. Most industry insiders expect the new version of the fiduciary rule to be much tougher, more akin to the original Obama era rule than the currently in-effect Trump version.

FINSUM: The reality is that if a critical new person is being brought on board to lead the effort, it is likely to push back the timeline, or so says Brad Campbell, leading regulatory lawyer at Faegre Drinker, a leading law firm in our space.