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Investor-Related Regulation Articles

SEC Inspection of Credit Rating Agencies Shows Drastic Change Needed

January 22nd, 2013

January 2013 Credit rating agencies (more formally known as Nationally Recognized Statistical Rating Organizations or “NRSROs”) provide ratings which are used for a variety of [...]

PCAOB To Prevent Licensing Of Audit Firms From Certain Countries

October 18th, 2010

October 2010 On October 7, 2010, the Public Company Accounting Oversight Board (PCAOB) announced it will start to refuse registration for auditors based in jurisdictions [...]

SEC May End Brokerage Mandatory Arbitrations

October 18th, 2010

October 2010 A little-known provision within the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 contains a provision that could dramatically impact how [...]

DOL Issues Significant New Requirements For 401(K) Plans

August 18th, 2010

August 2008 In late July, the U.S. Department of Labor (DOL) issued proposed regulations that require plan fiduciaries to disclose plan- and investment-related information for [...]

Change In “Accredited Investor” Definition Will Cause The Investor Pool For Private Financings To Shrink

August 18th, 2010

August 2010 Issuers conducting private offerings of securities often rely on Regulation D as the exemption from the registration requirements of the federal Securities Act [...]

Surprise! – U.S. Chamber Of Commerce Seeks More Government Control Over SROs

August 11th, 2010

August 2011 A surprising call for additional government regulation occurs in a report entitled “The Unfinished Agenda”.  The U.S. Chamber of Commerce states that Congress [...]

Plan Sponsors Must Now Obtain Information About Usually “Hidden” Costs

July 18th, 2010

July 2010 The Department of Labor (DOL) issued “interim final” fee disclosure regulations that apply to ERISA pension plans, including most notably 401(k) plans. The [...]

SEC Proposed Action Will Slash Costs Paid By Retail Mutual Fund Investors

July 18th, 2010

July 2010 12b-1 fees compensate mutual funds for marketing and selling costs. These fees are primarily a means of paying brokers for selling “no-load” funds [...]

SEC Changes Short-Selling Rules

June 18th, 2010

June 2007 Short selling is the practice of borrowing stock (usually from a broker-dealer or institutional investor), then selling it in anticipation that the stock [...]

SEC Takes Initial Measures To Avoid A Second Flash Crash. More Changes Are Coming

June 18th, 2010

June 2010 The “flash crash” on May 6, 2010 is the biggest one-day intraday decline in Dow Jones Industrial Average history. The “flash crash” saw [...]

More Is Needed To Improve Credit Rating Agency Conclusions

June 18th, 2010

June 2010 Ratings of debt instruments are an integral part of U.S. financial markets. Reliance on these ratings is increasing, but their reliability is pathetic. [...]

Proposed DOL Rules Will Dramatically Change Investment Advice Provided To 401(k)s And IRAs

March 18th, 2010

March 2010 Last week, the Department of Labor (DOL) proposed requiring 401(k) plan and IRA investment advisers to (i) disclose their fees and (ii) show [...]

SEC Proposes Limitations On Hedge And Private Equity Funds’ Money-Raising Activities

January 18th, 2010

January 2007 The United States Securities and Exchange Commission (SEC) proposed new rules designed to limit investors who could participate in hedge funds and other [...]

U.S. Trading On Foreign Exchanges Will Become Easier

April 18th, 2008

April 2008 If regulators are able reach a “mutual recognition” agreement, it would mark a radical shift in how international markets are overseen. The Securities [...]