Displaying items by tag: fiduciary rule

Thursday, 14 October 2021 21:36

Is this the End of Reg BI?

(Washington)

The SEC’s Investor Advocate has pointed out that Reg BI is under threat. Some of the developments in the market have meant that Reg BI may be rendered useless. In particular, the increasing use of “nudges” in trading inevitably rubs against the fundamental meaning of Reg BI. If trading platforms for retail investors are constantly using “nudges”, or encouragements to trade, how much does that constitute a recommendation? That is the esoteric question that the SEC must address. According to the SEC’s Investor Advocate, Rick Fleming, “In my view, it appears that the use of certain DEPs, by gamifying securities trading for retail customers, could significantly influence these retail customers’ investment decisions in ways that were not fully contemplated when the commission adopted Reg BI with its important distinction between solicited and unsolicited trading.


FINSUM: Reg BI is only a couple years old and it is already antiquated!

Published in Wealth Management
Friday, 08 October 2021 21:09

DOL Readies Major Expansion of Fiduciary Rule

(Washington)

Joe Biden has picked Lisa Gomez to head the Employee Benefits Security Administration at the Department of Labor. And speaking to senators this week, she made a comment which clearly signals the direction of the Department. She said “there’s nothing that is more central to ERISA than defining who is a fiduciary”. Speaking about her pending work for the DOL, she said she plans “to be briefed on the efforts of looking at the definition of a fiduciary in different contexts, and taking another look at the conflict of interest rule and how it would apply in different situations”. She continued “Determining exactly who is a fiduciary in different contexts … has been the source of disagreement and it’s been a long road to get there”.


FINSUM: The writing is on the wall at the DOL and SEC. The Biden administration is starting to flex its muscle and will beef up regulation.

Published in Wealth Management
Thursday, 16 September 2021 19:51

Reg BI May Be About to Hammer This Stock

(New York)

For the most part, regulatory risk is understood well before it becomes a reality. There is a lot of uncertainty around the final rule, but generally you can prepare long in advance. That said, Reg BI may be about to cause a big problem in publicly traded markets. In particular, there is increasing speculation that Reg BI may soon be applied to everyone’s favorite darling (or the opposite), Robinhood (HOOD). The company has been under intense scrutiny for most of this year for its monetization strategies as well as its gamification of trading.


FINSUM: And this would not just be limited to Robinhood but all online trading platforms. This could lead to some significant volatility.

Published in Eq: Financials
Monday, 13 September 2021 20:01

More Rollovers are About to Be Covered by DOL Rule

(Washington)

Rollovers are about to see a huge change. Advisors have largely been sleeping on the effects of the new fiduciary rule, largely because the current one was drafted under Trump and is thus milder. However, what many don’t realize is that come December, rollovers are going to be a lot more complicated. According to Fred Reish, leading industry attorney, the new rule “has turned the rollover world on its head”. Speaking further and addressing compliance, he added “A whole series of steps have to be taken to adjust to this standard”.


FINSUM: Okay so here is the reality. Full implementation begins in December, but the DOL may grant a last-minute stay because it is working on a full new fiduciary rule draft (Biden’s version). In either event, the new rule will certainly not be lighter than this version.

Published in Wealth Management
Wednesday, 08 September 2021 18:57

Major Reg BI Enforcement Push Coming from SEC

(Washington)

The SEC is sending some very disconcerting (if you are advisor), and not so subtle signals on its plans. This version of the SEC has taken a very different tact in its appointment of critical staff. Effectively, it has closed the revolving door. And what we mean, is that in contrast to previous SECs, this one has brought almost no one in from the industry at a senior position. Instead, it is being staffed with prosecutors, consumer advocates, and other regulatory-oriented government types. The appointments seem to be a reflection of Gensler’s policies priorities and views on how he wants the SEC to conduct itself during the Biden era.


FINSUM: The SEC is sending the loudest message it possibly can without writing it on the wall. The “read between the lines” is clear: enforcement is going to be intense.

Published in Wealth Management
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