On Friday, August 17, 2012, it was reported that, in response to heavy criticism, the SEC would backtrack on its earlier plans to issue an interim rule lifting the ban on general solicitation and advertising of public offerings required by … Read More
While examining a mutual fund that Peak Wealth Opportunities LLC advised, SEC examiners requested David W. Dube and Peak Wealth produce certain records to the SEC. Mr. Dube owns Peak Capital and its subsidiary businesses. Mr. Dube serves as the … Read More
The Department of Labor has brought an inquiry whether JPMorgan Chase & Co. committed a fiduciary breach under the Employee Retirement Income Security Act of 1974. The inquiry is related to a stable-value fund and could target financial advisors. The … Read More
U.S. Senators Chuck Grassley (R-IA), ranking member of the Senate Judiciary Committee, and Jack Reed (D-RI), chairman of the Senate Banking Subcommittee on Securities, Insurance and Investment, will introduce legislation intended to increase the SEC fines for securities violations. Currently, … Read More
Rule 203(b) of Regulation SHO sets borrowing and delivery requirements for Short Sales. For example Regulation, SHO requires a market participant who seeks to effect a short sale to borrow, arrange to borrow, or have reasonable grounds to believe that … Read More
In Regulatory Notice 12-32, the Financial Industry Regulatory Authority (“FINRA”) says it needs to increase its fees to cover the costs of regulating an increasingly complex industry. It plans to achieve this by raising the fees on a staggered schedule. … Read More
The House Appropriations Committee is proposing a spending package that would cut the Commodity Futures Trading Commission’s (“CFTC”) annual budget by about $25 million to $180.4 million which is about 41 percent lower than the administration originally requested. [1] However, … Read More
On May 31, 2012, FINRA filed a notice of the proposed rule change that would amend FINRA Rule 4210. Rule 4210 details the margin account requirements and collateral deposits required to be maintained. Specifically, the rule elucidates margin requirements for … Read More
The SEC has approved two proposals to limit the volatility of (1) individual stocks and (2) the market itself. The first proposal, named the National Market System Plan Approval Order (“NMSP”), can be found here and is designed to limit … Read More
As noted by the president of the Federal Reserve Bank of Kansas City, the Glass-Steagall Act (“GSA”) was intended to “separate the higher risk, often more leveraged, activities of investment banks from activities tied to the nation’s payments system and … Read More