FINRA’s continued focus on account recommendations and rollovers is evident in its 2025 FINRA Annual Regulatory Oversight Report (the Report), Based on the Report, broker-dealers and their registered representatives...more
4/11/2025
/ Broker-Dealer ,
Disclosure Requirements ,
Fees ,
Financial Industry Regulatory Authority (FINRA) ,
Investment ,
Investors ,
IRA Rollovers ,
Regulation BI ,
Regulatory Oversight ,
Retirement Plan ,
Securities Regulation
The DOL has proposed amendments to its regulation defining fiduciary advice so that, in most cases, a single recommendation to a retirement investor will be a fiduciary act. In addition, the DOL has proposed amendments to ...more
4/18/2024
/ Broker-Dealer ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Investment ,
Investment Adviser ,
Investors ,
IRA Rollovers ,
Mitigation ,
Prohibited Transactions ,
PTEs ,
Regulatory Reform ,
Retirement Plan
Under Regulation Best Interest (Reg BI), the SEC imposes a best interest standard on account recommendations by broker-dealers. This is because recommending an account type is viewed by the SEC as recommending an investment...more
7/21/2023
/ Best Interest Standard ,
Broker-Dealer ,
Department of Labor (DOL) ,
Fiduciary ,
Investment ,
Investment Adviser ,
Policies and Procedures ,
Prohibited Transactions ,
Regulation Best Interest ,
Regulation BI ,
Risk Mitigation ,
Securities and Exchange Commission (SEC)
The Broker-Dealer Regulation & Litigation Digest is a periodic compilation of the most read blog posts published on the Broker-Dealer Law Blog during the last few months. Here you can catch up on what you missed or re-read...more
The DOL expanded its interpretation of fiduciary advice in the Preamble to PTE 2020-02 and as a result, many more broker-dealers and their registered representatives (investment professionals) are fiduciaries for their...more
9/13/2022
/ Broker-Dealer ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary ,
Fiduciary Rule ,
Investment ,
IRA Rollovers ,
Prohibited Transactions ,
PTEs ,
Registered Investment Advisors ,
Self-Correction Programs ,
Standard of Care
The Department of Labor (DOL) recently issued guidance in the form of an Information Letter describing the process that plan fiduciaries should undertake in determining whether an investment fund having a private equity...more
10/14/2020
/ 401k ,
Corporate Counsel ,
Department of Labor (DOL) ,
Diversification Requirements ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Information Letters ,
Investment ,
Liquidity ,
Oversight Duties ,
Private Equity ,
Retirement Plan ,
Valuation