Four industry and public interest groups filed a petition of rulemaking with the Securities and Exchange Commission Wednesday to end what they see as the agency’s “backdoor regulation” of 12b-1-fees.
“It is time for the SEC to stop its troubling, ongoing trend of backdoor regulation, or regulation by enforcement,” said Dale Brown, president and CEO of the Financial Services Institute, in a statement.
“Financial services firms and financial advisors deserve to know the rules of the regulatory road on which they operate and be allowed sufficient time to comply with any changes. It is for this reason that Congress established the requirements of the rulemaking process, and we urge the SEC to address our concerns with regulation by enforcement as called for in the petition.”
FSI is joined by the American Securities Association (ASA), the Competitive Enterprise Institute (CEI), and the New Civil Liberties Alliance in filing the petition for a rulemaking.
“When the stay-at-home orders are finally lifted, American businesses will need to know that the law is what is says, and not what the SEC, years later, decides unilaterally what it should have been,” the groups said.