
Reg BI’s Impact on 403(b)s

SEC Flexes Regulatory Muscle with RIAs, Brokers in Focus

Calls on Congress to Fully Fund Reg BI Implementation
An open letter to two U.S. Senators emphasizes that the SEC must receive sufficient fiscal support to effectively oversee the industry’s ongoing implementation of Regulation Best Interest and Form CRS.

Broker/Dealer Charged in First SEC Reg BI Case
The SEC says Western International Securities failed to act in the best interest of customers when the firm allegedly sold them more than $13 million in unrated, high-risk L bonds.

SEC Names Director of Division of Examinations
Leaders at the SEC say the role of the examinations program is critical for capital markets to function well and keep the public’s trust.
24 States Have Now Adopted the NAIC Annuity Transaction Framework
With South Carolina joining the party, nearly half of all states have now adopted enhanced consumer protections applying to the sale of annuities, as developed by the National Association of Insurance Commissioners.

How Thoughts About the SEC’s Regulation Best Interest Have Evolved

An Objectivity Lesson

Best Execution Standard
Mississippi Is Latest State to Embrace NAIC Annuity Sales Rules
Supporters of the NAIC annuity transaction suitability model say a fiduciary-only approach to annuity purchase advice would limit consumer choice—a claim its opponents dispute.
Broadridge Fi360 Offers Enhanced Solution Ahead of DOL IRA Rollover Requirements
The Decision Optimizer tool offers a customizable, turnkey solution to help financial advisers and home-office clients comply with evolving ERISA plan/IRA transfer regulatory requirements.

Dissecting TIAA Subsidiary’s $97 Million SEC Rollover Settlement
A subsidiary of TIAA will settle conflict of interest charges related to the provision of rollover advice to employer-sponsored retirement plan participants; the development offers up some important considerations for financial services professionals.
Producers Beware: More States Adopt NAIC Annuity Suitability Framework
Earlier this month, Alabama became the 13th state to adopt enhanced consumer protections for purchasers of annuities, based on a framework put forward by the National Association of Insurance Commissioners.

A DOL Fiduciary Rule and PTE Refresher
No matter if an adviser is a flat-fee registered investment adviser or a commission-based broker/dealer, the DOL says the collection of compensation related to rollover guidance is almost always going to be a prohibited transaction, triggering the need for an exemption.
New York Annuity Suitability Law Struck Down by State Appeals Court
Though significant in its own right, the appellate ruling could potentially be stayed if (and when) it is appealed to the New York Court of Appeals, which is the state’s highest court.

The SEC Cites Its Priorities
ERISA Attorneys Digest the DOL’s New PTE FAQ
The guidance published by the Department of Labor reminds the industry that boilerplate, fine print disclaimers that investment advice is not being provided won’t cut it.

Gary Gensler Confirmed by Full Senate Vote as SEC Chair
He takes the helm at the Securities and Exchange Commission during a key time of transition and reflection for the market regulator, which is engaged in multiple important projects affecting advisers’ and brokers’ practices.
From Ohio to Virginia, More States Look to Update Annuity Standards
The states’ embrace of the NAIC annuity transaction suitability framework comes as experts are raising broader questions about the durability of the SEC’s Regulation Best Interest, on which the insurance standards are partly based.

Reading Into the SEC’s 2021 Enforcement Priorities
The ongoing implementation of Regulation Best Interest gets top billing in the SEC’s recently published 2021 examination priorities list, though recent evidence suggests the regulator’s focus on share class disclosures remains a chief concern.