Law and regulation

Now that the Department of Labor is back at the drawing board trying to determine what should constitute a fiduciary under 1975 ERISA amendments, the industry wants to make at least one point clear: investors should have good choices, regardless of the business model their advisors use.

The advocacy organization representing independent broker-dealers and independent financial advisors will press its policy priorities to lawmakers on Capitol Hill as part of a two-day summit in the nation's capital.

Wall Street firms shouldn't think about complying with the Internal Revenue Service's new rules requiring them to calculate the cost of investors' accounts only as a burdensome operational cost. Instead, they should think of following the new cost-basis reporting rules as a potentially profitable means of retaining and attracing new clients, says a report just issued by research firm Celent.

The nation’s stock exchanges and the Financial Industry Regulatory Authority are filing proposals that will trigger halts in trading, market-wide, more quickly, the Securities and Exchange Commission said.

The Securities and Exchange Commission has approved the proposal of a new rule designed “to prohibit certain material conflicts of interest between those who package and sell asset-backed securities (ABS) and those who invest in them.”

Investment advisor advocates are breathing easier after the Department of Labor announced Monday that it has pulled its current proposal on the definition of a fiduciary off the table. The agency will take up the issue in early 2012 and repropose a fiduciary definition after more industry input.

PALM DESERT, CALIF.-As investors have fled equity funds, the industry's move into alternative investments has become one of the biggest concerns of directors of the board.

Crime lore has it that when the prolific stick-up artist Willie Sutton was asked why he robbed banks, he glibly responded, "Because that's where the money is." And in the 21st century, Sutton's maxim is alive and well in the cyber realm.

An accountant with a New York accounting firm that handles smaller broker-dealers is warning advisors who work at such firms that if their employer is a clearing organization, they should pay attention to how well it is planning for a continuation of business under new rule changes being mulled by the Securities and Exchange Commission.

PALM DESERT, CALIF.—“The past 60, 90 days have been the craziest that risk managers have ever faced in their careers, in terms of the national debate over the U.S. debt ceiling, market volatility and a host of other key risks asset managers are now facing,” said Joseph A. Carrier, chief risk officer at Legg Mason.

A hearing before a subcommittee of the House Committee on Financial Services Tuesday allowed representatives from across the financial advisory industry to air their views about whether a new self-regulatory organization is necessary to oversee advisors and broker-dealers and, if it is, how it should be constructed.

Investment advisors could eventually have a national self-regulatory organization akin to the Financial Industry Regulatory Authority soon, if draft legislation introduced by an Alabama Congressman becomes law. But it will not come without a fight.

The Securities and Exchange Commission said it will seek public comment on a plan to conduct retrospective reviews of its existing regulations.

It's been 10 years.

Although Federal Reserve Board officials promised to unveil a long-awaited package of key Dodd-Frank rules by the end of the summer, the central bank is likely to need more time to complete them.

Bank regulators have long kept state officials at arm's length. But the Consumer Financial Protection Bureau is forging close relationships with state attorneys general to enforce consumer banking laws.

The legislation may be a hit or miss, depending on whom you ask. What's good in this mixed bag for advisors and what should they be mindful of?

How to make the most of professional relationships without running afoul of regulations.

Section 165 has yet to happen but it should have the biggest impact.

Compliance professionals don’t think the Dodd-Frank Wall Street Reform and Consumer Protection Act will lead to a significant increase in compliance spending this year and they expect more money will be allocated to technology rather than education and consulting, according to a new study conducted between March and April by National Regulatory Services (NRS).