Federal Register: SEC Adopts "Retail Best Interest" Rulemaking Package
The SEC rulemaking package designed to enhance retail investors' protections when dealing with broker-dealers and investment advisers was published in the Federal Register.
The rulemaking package consists of (i) Regulation Best Interest (effective September 10, 2019), (ii) the Form CRS Relationship Summary (effective September 10, 2019), (iii) an interpretation of investment advisers' fiduciary duty (effective July 12, 2019), and (iv) an interpretation of the "solely incidental" prong of the broker-dealer exclusion under the Advisers Act (effective July 12, 2019).
Primary Sources
- Federal Register: Final Rule regarding Regulation Best Interest - The Broker-Dealer Standard of Conduct (84 FR 33318)
- Federal Register: Final Rule regarding Form CRS Relationship Summary and Form ADV Amendments (84 FR 33492)
- Federal Register: Commission Interpretation regarding Standard of Conduct for Investment Advisers (84 FR 33669)
- Federal Register: Commission Interpretation regarding Solely Incidental Prong of Broker-Dealer Exclusion from Definition of Investment Adviser (84 FR 33681)
Related Articles
-
SEC Chair Jay Clayton responded to criticism of the recently adopted rulemaking package designed to strengthen protections afforded retail investors.
Commentary by Steven Lofchie
-
By a 224 to 196 vote, the House of Representatives passed an amendment to the Financial Services and General Government Appropriations bill that would prohibit the SEC from implementing, administering, enforcing or publicizing Regulation BI and related rules and interpretations recently adopted by the SEC.
Commentary by Steven Lofchie
-
SIFMA dismissed New Jersey's proposal to create a state fiduciary standard, calling a federal standard the "optimal approach," as compared to the "uneven patchwork" of state laws.
Commentary by Steven Lofchie
-
SIFMA summarized the SEC's "Regulation Best Interest" rulemaking package.
Commentary by Steven Lofchie
-
SEC Commissioner Hester Peirce urged critics "to take a fair look at what [Regulation Best Interest] says before . . . proclaim[ing] it a success or failure" and committed the agency to closely monitoring the implementation of the new rule.
Commentary by Steven Lofchie
-
-
The SEC adopted a rulemaking package designed to enhance retail investors' protections when dealing with broker-dealers and investment advisers.
Commentary by Steven Lofchie
-
-
The SEC proposed rules (i) to require broker-dealers to act in the "best interests" of retail customers when making investment recommendations and (ii) to affirm and clarify the various types of obligations that investment advisers owe to their clients.
Commentary by Steven Lofchie
Premium Content
Available only to Premium subscribers.
- SEC Rule 200.800: OMB control numbers assigned pursuant to the Paperwork Reduction Act.
- SEA Rule 17a-3: Records to be made by certain exchange members, brokers and dealers.
- SEA Rule 17a-4: Records to be preserved by certain exchange members, brokers and dealers
- SEA Rule 17a-14: Form CRS, for preparation, filing and delivery of Form CRS
- IAA Rule 203-1: Application for investment adviser registration.
- IAA Rule 204-1: Amendments to Form ADV.
- IAA Rule 204-2: Books and records to be maintained by investment advisers.
- IAA Rule 204-5: Delivery of Form CRS
- SEA Rule 15l-1: Regulation Best Interest
- SEA Rule 17a-3: Records to be made by certain exchange members, brokers and dealers.
- SEA Rule 17a-4: Records to be preserved by certain exchange members, brokers and dealers
- SEA Rules 15l-1 to 15l-3
- 84 FR 33318 - Regulation Best Interest: The Broker-Dealer Standard of Conduct
- SEA Rule 15l-1: Regulation Best Interest
- SEC Effective Date: Regulation Best Interest
- 17 CFR Part 276: Interpretative Releases Relating to the Investment Advisers Act of 1940 and General Rules and Regulations Thereunder
- SEC Effective Date: Form CRS Relationship Summary; Amendments to Form ADV
- 84 FR 33669 - Commission Interpretation Regarding Standard of Conduct for Investment Advisers
- 84 FR 33492 - Form CRS Relationship Summary; Amendments to Form ADV
- SEC Effective Date: Commission Interpretation Regarding Standard of Conduct for Investment Advisers
Join Premium
US Regulatory Intelligence combines regulatory and enforcement news, analysis, and practical work tools on an easy-to-use digital platform.