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TRENDING TAGS
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- Sarah ten Siethoff is New Associate Director of SEC Investment Management Rulemaking Office
- Catherine Keating Appointed CEO of BNY Mellon Wealth Management
- Credit Suisse to Pay $47Mn to Resolve DOJ Asia Probe
- SEC Chair Clayton Goes 'Hat in Hand' Before Congress on 2019 Budget Request
- SEC's Opening Remarks to the Elder Justice Coordinating Council
- Massachusetts Jury Convicts CA Attorney of Securities Fraud
- Deutsche Bank Says 3 Senior Investment Bankers to Leave Firm
- World’s Biggest Hedge Fund Reportedly ‘Bearish On Financial Assets’
- SEC Fines Constant Contact, Popular Email Marketer, for Overstating Subscriber Numbers
- SocGen Agrees to Pay $1.3 Billion to End Libya, Libor Probes
- Cryptocurrency Exchange Bitfinex Briefly Halts Trading After Cyber Attack
- SEC Names Valerie Szczepanik Senior Advisor for Digital Assets and Innovation
- SEC Modernizes Delivery of Fund Reports, Seeks Public Feedback on Improving Fund Disclosure
- NYSE Says SEC Plan to Limit Exchange Rebates Would Hurt Investors
- Deutsche Bank faces another challenge with Fed stress test
- Former JPMorgan Broker Files racial discrimination suit against company
- $3.3Mn Winning Bid for Lunch with Warren Buffett
- Julie Erhardt is SEC's New Acting Chief Risk Officer
- Chyhe Becker is SEC's New Acting Chief Economist, Acting Director of Economic and Risk Analysis Division
- Getting a Handle on Virtual Currencies - FINRA
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NEWSLETTERS & ALERTS
Fiduciary Duty, 12b-1 Rules Tabled Until July
SEC Chairman Mary Schapiro has said the Commission will address RIA/BD reform along with fund regulation this summer - after 7/21/11, the one-year anniversary of Dodd-Frank. The Commission will “put together a rulemaking team” to craft a rule for putting brokers under the same fiduciary standard as advisors. At the same time, the SEC wold look at harmonizing advisor and broker rules, and revising mutual fund distribution fees under Rule 12b-1.
Ms. Schapiro initially made these remarks at the Investment Company Institute’s (ICI) annual conference in Washington. She also has asked SEC economists to analyze available economic data regarding fiduciary duty to help inform the rulemaking. Some lawmakers have called for a cost-benefit analysis before any fiduciary rule is promulgated. While the SEC, she said, is focused on putting “in place a fiduciary duty [for brokers] that is no less stringent” than the duty under the Investment Adviser Act, she stressed that any rule must “not limit investor choice.”
As far as an SRO for advisors, Ms. Schapiro said that, while the SEC continues to explore the issue, all 3 options put forth in the SEC’s study to Congress - i.e., one or more SROs, extension of FINRA oversight over advisors, imposing user fees to fund advisor exams - would require legislation to “move forward.”
The SEC also is moving forward with the second phase of money market fund reform. The SEC is “really pleased with what we are seeing and hearing in response to our first round of money market fund reform put in place last year.” [AdvisorOne, 6/1/11]

