Wealth Management

(Washington)

After about a thousand steps, the years-long saga of the DOL fiduciary rule is finally over. As of this week, the DOL missed its final deadline to apply for an appeal of its fifth circuit court loss. The DOL had until Wednesday to file for a Supreme Court appeal of the ruling, which vacated the rule back in March. The missed deadline is no surprise, as the Trump-era DOL has completely backtracked from enforcing the rule.


FINSUM: This seems to be the final nail in the coffin. Now it is time to worry about the SEC’s best interest rule, especially with regard to titles.

(Washington)

Brokers rejoice, FINRA is about to makes updating your records simpler and easier. In an effort to reduce the compliance burden and costs, FINRA is reforming its CRD system. The WebCRD interface will see an overhaul, which should make things easier for brokers. According to FINRA president Cook, “The transformation will allow FINRA to develop systems that help firms effectively maintain compliance programs and reduce compliance costs, while continuing to operate and enhance BrokerCheck as an essential tool for investors”.


FINSUM: The update is pretty short on details at the moment, but at least FINRA is trying to reduce the regulatory burden.

(Washington)

Well, it was inevitable. The industry has officially started its major fight against the new SEC rule which seeks to stop brokers from using the title of “advisor” (or “adviser”). The National Association of Insurance and Financial Advisors (NAIFA) is on a winning streak, having been part of the group to take down the DOL’s fiduciary rule. Now it is turning its focus to the SEC title rule. According to NAIFA “We are still analyzing the almost 1,000 pages, and we’ll certainly comment on it, but one area where we have an issue already is the limit on who can use the term ‘advisor”.


FINSUM: It is critical to mention a couple of things here. One, this group, which has been very successful in taking down regulation, is an association of mostly brokers, not fiduciaries, so they have a keen interest in solving this situation. Secondly, the word “advisor” is part of their own name, so the new rule cuts to the heart of their very existence. We have a feeling this component of the SEC rule might prompt as much backlash as the DOL rule did.

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