Displaying items by tag: SEC

(Los Angeles)

In a turn of events that stretches the boundaries of our understanding, Elon Musk took to Twitter yesterday to mock the SEC. The move comes in the same week that the CEO agreed to settle a suit with the regulator over his misleading tweets this summer. Musk tweeted yesterday afternoon that “Just want to [say] that the Shortseller Enrichment Commission is doing incredible work … And the name change is so on point!”. Legal experts say the tweets jeopardize his potential settlement the SEC as they violate specific clauses of the agreement.

FINSUM: We know he is a defiant character, but this kind of behavior seems to show extremely poor judgment, if not borderline mental instability.

(New York)

The fiduciary rule has been dead for about six months now—much to the delight of most advisors. However, in what we feel was an inevitable development, the rule is starting to make a comeback. With the new SEC best interest rule getting a lot of negative feedback from all sides, it seemed very likely that states would take matters into their own hands and development states-level fiduciary rules. That is exactly what is happening. New Jersey is now working on a fiduciary rule of its own and it seems likely many other states will follow suit. If that transpires, advisors could face a patchwork of national rules that would make compliance a nightmare.

FINSUM: This was inevitable. States feel like the SEC’s rule is not as rigorous in its protections as the DOL rule was, and thus they feel they need to take matters into their own hands.

(Los Angeles)

Another tumultuous week for Tesla is in the books, but for the first time in a while, it looks the company may be headed in a positive direction. Last week, the SEC sued Elon Musk for fraud based on his tweets about taking the company private, which sent the stock plunging. However, on Saturday, it was announced that Musk had reached a settlement with the regulator, agreeing to give up his chairmanship of the board, in addition to a $20m fine, but remaining CEO. This news sent the stock soaring in pre-market trading.

FINSUM: This seems like a better operational and governance structure for Tesla and we hope it will prove a positive development.

(Los Angeles)

Tesla investors got some grim news yesterday (unless you are the group hoping for Musk’s departure). That news is that the SEC is suing Elon Musk for fraud and is seeking to have him removed as the leader of Tesla. The suit seeks to have Musk banned from serving as an officer or director of a public company. The basis for the suit is the series of tweets Musk made regarding taking the company private, which the SEC says were “false and misleading statements”.

FINSUM: This is a pretty serious move from the SEC, made worse by news out today that Musk chose the price of $420 as a marijuana reference to impress his girlfriend.

(Washington)

Brokers pay attention—a major loophole in the SEC’s best interest rule has just become apparent. One of the industry’s big complaints about the BI rule has been that it seeks to govern the use of the “advisor” title. Well, until now it seems that everyone had missed a key loophole in the rule. When the SEC drafted it, it allowed for dually-registered advisors/B-Ds to call themselves advisors even when they are carrying on brokerage business. 61% of registered reps work at dually-registered firms, meaning this aspect of the rule is mostly a moot point for the majority of advisors. According to Michael Kitces, famed advisor and wealth management commentator, “The rule literally doesn’t apply to most advisers”.

FINSUM: This is one of those bombshell realizations that seems to happen when a new rule is 1,000+ pages long—you miss things.