Displaying items by tag: dol rule
It comes as no real surprise, but those who have seen the new DOL rule (which was kept very private until recently), have said it is largely exactly what was expected. In particular, those who are currently abiding by Reg BI (implemented today) will be considered to be abiding by the new DOL Rule. The rule is much narrower in scope, lacks the lawsuit component of the first, and interestingly, uses the five-part test of the original rule, but in a way that allows loopholes for firms to essentially decide if they want to abide by the rule or “disclaim away” their need to follow the regulation. About the five-part test, according to Barbara Roper, head of the Consumer Federation of America, “That means firms will essentially be able to choose whether they want to operate under what’s left of the fiduciary standard or disclaim away their fiduciary obligations”.
FINSUM: No big surprises here, this is the DOL rule “light” version the industry was hoping for and expecting.
Despite some minor discontent, generally speaking the broker-dealer industry has been very tolerant of the new Reg BI. However, those who have been working on compliance and counting their blessings that DOL Rule 1.0 didn’t come into full force could be in for a rude awakening. Many will be aware that Joe Biden is well ahead in national polls at the moment. Polling difficulties aside (of which there are many), the growing risk for the industry is that Biden wins and then quickly moves to cancel Reg BI and install a much stricter rule akin to the first iteration of the DOL Rule. If he were to win the White House and take Congress, he would have wide latitude to undue the current regulatory paradigm. Even without a Congressional win, he would very likely reappoint all the heads of key departments, like the SEC and DOL, which could have a strong effect.
FINSUM: Just as the industry was settling into what looked like it might be a permanent new regulatory environment, things could very messy again. If Trump wins, none of this happens, but given polls it is an increasingly likely possibility.