Wednesday, January 11, 2023

The SEC Unveils its Agenda for 2023

A Busy Mix of New Business and Old

Author: David Schwartz J.D. CPA

In its recently updated regulatory flexibility agenda, the Securities and Exchange Commission has set its priorities for 2023. A mix of old and new business, the Commission's 2023 plans include finalizing 29 existing proposals and placing 23 new proposals up for consideration. 

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Sunday, November 27, 2016

FSB Announces Priorities for 2017

Shadow Banking, G-SIFIs, and Asset Management are among FSB's 2017 priorities.

Author: David Schwartz J.D. CPA

At its November 17, 2016 plenary session in London, the Financial Stability Board (FSB) met to discuss current vulnerabilities and agree on priorities for 2017.  While noting that the global financial system is more resilient as a result of the regulatory reforms introduced following the 2008 financial crisis, the FSB is keeping a close eye on areas of concern like high sovereign and corporate debt, asset quality and profitability issues faced by banks, and unfinished balance sheet repair in some parts of the financial system.  With these and other potential vulnerabilities in mind, the FSB has assembled a list of the areas upon which they plan to focus their attention in the upcoming year.

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Sunday, October 2, 2016

Reforming the Asset Management Industry is a Global Challenge

Author: David Schwartz J.D. CPA

SEC Chairman Mary Jo White used the occasion of her keynote speech a the September 21, 2016 International Bar Association’s annual conference to address some the challenges the Securities and Exchange Commission faces in regulating an ever more global asset management industry.  With U.S.-registered asset managers increasing their activities in Europe, Africa, and Asia Pacific, the SEC has partnered with IOSCO, the FSB, and others to take transformative steps to modernize regulation of the asset management industry on a more global scale.

 

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Tuesday, November 17, 2015

FSOC Focused on Asset Management and Reaching a Broader Audience

Author: David Schwartz J.D. CPA

During their most recent meeting, the Financial Stability Oversight Council revealed that the asset management sector remains an area of concern to the super-regulator. According to minutes of the November 2, 2015 meeting,  the FSOC has identified six categories of potential risk arising from the asset management sector and is conducting ongoing analyses with an eye toward more regulation.  Treasury Secretary and Chairman of the FSOC, Jack Lew, indicated that updates on the Council's analysis of these risk areas and perhaps regulatory recommendations could be expected early in 2016.  In addition, members of the Council have taken to the press to head off legislative interference. 

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Friday, May 22, 2015

Supreme Court Rules ERISA Fiduciaries have Continuing Duty to Monitor

Author: David Schwartz J.D. CPA

In a unanimous opinion issued on May 18, 2015, the Supreme Court confirmed a continuing duty of ERISA trustees to monitor investments. Although the case involved a complicated procedural history before arriving at the Supreme Court, the lawsuit presented a fairly simple question: is it sufficient for the ERISA duty of prudence that the fiduciary make prudent decisions to invest in the first instance, or must the fiduciary also make prudent ongoing decisions about whether it should change the composition of the plan’s portfolio or otherwise sell assets?  

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