Displaying items by tag: fiduciary rule

Tuesday, 02 March 2021 16:03

A Big Change Could Be Coming for Reg BI

(Washington)

Reg BI has been in the spotlight recently. With incoming SEC chief being grilled by Congress before potentially being appointed, there is a lot of anticipation about where things might be headed. Some think Gensler will move quickly to alter Reg BI, while others (including us), think that he might move slower because of potentially more pressing issues like meme stocks and bitcoin. However, one change that may come quickly is a simple but important one: changing the regulation’s name. There is a loud call for the SEC to change Reg BI’s name because many say it is “grossly misleading” since it is not a true fiduciary rule. Gensler could potentially make this change much more easily than actually modifying the rule, so it makes sense this could be an immediate measure to appease critics.


FINSUM: What we find interesting here is that calls to change the name are not just coming from fiduciary rule advocates and the like, but also from brokers. The latter seem to be having some trouble with the clients thinking they are fiduciaries when they aren’t, which can then lead to big blowups/lawsuits.

Published in Wealth Management
Wednesday, 24 February 2021 16:47

Trump’s Fiduciary Rule Just Went Live

(Washington)


In what comes as a surprise to the entire industry, President Biden’s administration has just let the Trump-era version...View the full story on our partner Magnifi’s site

Published in Wealth Management
Tuesday, 23 February 2021 18:39

Why a Change to Reg BI Isn’t Happening Soon

(Washington)

The meme stock frenzy is one of the best things that could have happened to broker reps. Why is that you might ask? Because it probably just distracted the new leadership of the SEC for about a year. The meme stock frenzy has dominated headlines and become a Democratic cause, which means newly nominated SEC chief Gensler will likely be focusing on that immediately upon taking over. Bitcoin is another emerging issue given the huge run-up in prices and public focus. Reg BI is obviously very important, but may become second fiddle because of the other, more newsworthy issues.


FINSUM: This makes perfect sense. It seems likely that the SEC might not move as fast in Reg BI changes because of Robinhood/meem stocks. As evidence of this, look no further than Reg BI hawk Barbara Roper, who has recently been talking more about Robinhood.

Published in Wealth Management
Thursday, 18 February 2021 16:54

Trump’s Fiduciary Rule Just Went into Effect

(Washington)

In what comes as a surprise to the entire industry, President Biden’s administration has just let the Trump-era version of the Fiduciary Rule go into effect. Almost everyone in wealth management thought Biden would surely use his administrations powers to stop the rule’s enactment, but they elected to let it go into effect as of this Tuesday, accompanying the announcement with positive and supportive language. The industry’s reaction was immediate and positive, while consumer advocates were disappointed as they were hoping for a more stringent rule from the Democratic administration.


FINSUM: Frankly, we take this as an incredibly positive sign for the wealth management business. This is a big signal to us that the Biden administration is not going to be as onerous and impractical on the regulatory front as many might have feared.

Published in Wealth Management
Thursday, 11 February 2021 16:22

The SEC is About to Crackdown on Dual Registrants

(Washington)

The SEC is about to crackdown on dually-registered advisors. The regulator seems to be upset with how some firms represent themselves and their services to clients. Because of Reg BI, firms are now required to explain their business model in Form CRS. According to industry lawyers like Issa Hanna of Eversheds Sutherland, this made “distinguishing between broker-dealer and advisor services" a “hot regulatory topic”. According to Hanna, “There's an interest in the regulatory community in ensuring that dual registrants are properly distinguishing how they describe their broker-dealer advisor services and not confusing retail customers about the service delivery models and which standards of conduct, etc., apply to the types of services they're providing”. Firms need to set up good firewalls between their businesses so that if they get investigated, they have a defensible position.


FINSUM: This feels like just one of many areas the SEC is going to start to crack down on under the Biden administration.

Published in Wealth Management
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