FINRA One Step Closer to Overseeing Investment Advisors?
August 3rd, 2010On July 27, 2010, The Securities and Exchange Commission (SEC) published a request for public comment to conduct its study of the obligations and standards of care of broker-dealers and investment advisers providing personalized investment advice about securities to retail investors.
The study is required under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, which President Obama signed into law on July 21, 2010. As required by the Dodd-Frank Act, the SEC is requesting public input, comments, and data on issues related to the effectiveness of existing standards of care for brokers-dealers and investment advisers, and whether there are gaps, shortcomings, or overlaps in the current legal or regulatory standards.
The public comment period will remain open for 30 days, following publication of the comment request in the Federal Register.
Historically, the SEC has acted as the “watch dog” to investment advisors whereas broker dealers are held accountable by FINRA, the Self Regulatory Organization (SRO) that performs market regulation under contract with brokerage firms and trading markets. Several SEC Commissioners have made comments in the past that favor an SRO model and FINRA continues to assert that it can take on the job of adviser oversight.
The results of the study could significantly impact adviser oversight in the future and potentially lead to a module similar to that of FINRA or FINRA could become an overseer to the Investment Advisor industry, in addition to their role as SRO to broker dealers.
For more information on this topic visit the SEC’s website www.sec.gov