Displaying items by tag: fiduciary rule

(Washington)

The Biden admin is tackling some of the changes made during Trump's administration, particularly to environmental social governance, fair lending, and consumer protection rules. The administration will not allow a set of measures that disincentivize ESG factors by shareholder voting restrictions. They have also reinstated the Consumer Financial Protection Bureau’s ability to seek monetary penalties for abusive practices and expanded the Equal Credit Opportunity Act to gender and sexual orientation protection. Finally, the administration reinforced the SEC’s ability to investigate and subpoena companies and individuals for investigation. These measures are just some of the ways the new administration is changing the regulatory landscape.

FINSUM: These regulations could have a profound impact on companies in the near and long term. One result is more definite, that this is just one more of many ways that the Biden Admin is incentivizing ESG.

(Washington)

Brokers, those that are dually-registered, pretty much anyone covered by Reg BI, you should be on the lookout for a pending crackdown by the new Biden administration-led SEC…see the full story on our partner Magnifi’s site

(Washington)
Every year around this time, advisors can get a special look at what the SEC’s policy priorities are likely to be for the rest of the year. This takes on special significance this year since we have a new administration in place. The way to get the insight is to look at what focus the SEC applies to their regulatory exams, and this year they are quite interesting. SEC exams for 2021 will focus on Reg BI (not such a surprise), but also climate, ESG, and Crypto, among other topics.

FINSUM: Quite an interesting list, but one very notable absence: meme stocks/social media. This is important because some think the SEC will turn its gaze to that area, which might have delayed focus on Reg BI.

(Washington)

One big anxiety that has been on every broker’s mind since mid-January is: is the SEC going to be make Reg BI compliance tougher, or introduce something even worse? A lose-lose ...View the full story on our partner Magnifi’s site

(New York)

Rollovers are obviously critical to almost all advisors, yet many don’t have seem to have gotten the memo: rollovers are changing significantly. The big change stems from the fact that Biden just let the new Trump era fiduciary rule go into effect, which was unexpected. According to the new rule, rollovers count as fiduciary advice. This is counterintuitive for many, as one leading industry lawyer, Brad Campbell from Faegre Drinker, commented “People have made the argument that rollovers cannot be fiduciary advice because it’s a one-time recommendation”. Here is the full analysis: “If you and the participant that you’re recommending rollover to, even though you advised them to do the rollover now, when you entered into that arrangement to give that advice, did both of you intend that you would meet again in the future to give more advice? To actually manage the assets or advise about managing the assets in the IRA? … If the answer is yes, we both intend to meet in the future, then DOL views it as an anticipated ongoing relationship. In other words, the beginning of an advice relationship that is fiduciary from the initial advice”.

FINSUM: This is pretty clear once you understand the logic, but on the surface it is a little hard to discern. Because no one expected this rule to actually go into effect since the election, many seem to be unprepared.