More On Legal & Compliancefrom The Advisor's Professional Library
- Use and Misuse of Social Media Social media is an inexpensive and effective way to communicate with established and prospective clients. Nevertheless, when RIAs utilize social media to promote their advisory practices, they risk compliance problems for their firms.
- Anti-Fraud Provisions of the Investment Advisers Act RIAs and IARs should view themselves as fiduciaries at all times, whether they meet the legal definition or not. Deviating from the fiduciary standard of full disclosure while courting clients may cause the advisor significant problems.
Treasury Secretary Timothy Geithner and Lawrence Summers, director of the National Economic Council, gave a preview June 15 of the Obama Administration's financial services reform proposal in a Op-Ed piece for The Washington Post.
In the OpEd, Geithner and Summers write that the Administration's goal "is to create a more stable regulatory regime that is flexible and effective; that is able to secure the benefits of financial innovation while guarding the system against its own excess."
The Obama plan focuses on five key areas, Geithner and Summers say. The proposal will raise capital and liquidity requirements for all institutions, they say, with "more stringent requirements for the largest and most interconnected firms." Second, the Administration's plan will "impose robust reporting requirements on the issuers of asset-backed securities; reduce investors' and regulators' reliance on credit-rating agencies; and, perhaps most significant, require the originator, sponsor, or broker of a securitization to retain a financial interest in its performance." Harmonizing the regulation of securities and futures will also be sought.
Third, the plan will focus on consumer protection measures, and will put in place "a stronger framework for consumer and investor protection across the board," Geithner and Summers say. Fourth, the Administration will set up a "resolution mechanism that allows for the orderly resolution of any financial holding company whose failure might threaten the stability of the financial system." And fifth, the Administration will lead the charge in improve regulation and supervision around the world.
To read the OpEd in its entirety, please visit the Post's site here.