In this issue: Public Policy Updates
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March 15, 2024 Facebook Facebook

Important Issues Impacting ADISA Members

FINANCIAL INDUSTRY AND REGULATION

DOL Fiduciary Rule Being Reviewed by OMB: The DI Wire reports that the Department of Labor’s fiduciary rule has landed at the Office of Management and Budget for review. The DOL filed its final rule late last week, and OMB reviews

typically take up to 90 days.

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Marketing Rule, AI in SEC Crosshairs: ThinkAdvisor reports that two exam priority areas for the Securities and Exchange Commission this year are the

agency’s new Marketing Rule as well as advisors’ use of artificial intelligence.

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Predictive Analytics Proposal Here to Stay: PLANADVISER reports that William Birdthistle, the SEC’s outgoing director of investment management, says the SEC will continue to explore regulating the use of artificial intelligence in finance through

its controversial predictive analytics proposal.

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DOL Gig Worker Rule Facing Growing Pushback: Fox Business reports that there is mounting pushback over a new DOL rule that went into effect Monday that

would re-classify millions of gig workers as employees.

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Gensler Says No Reg BI Changes Planned: ThinkAdvisor reports that SEC Chair Gary Gensler said last week that the agency is not planning further changes to

Regulation Best Interest, saying the agency does “not have it on our agenda.”

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FINRA Sets New Post-Trade Transparency Rules: The DI Wire reports that the Financial Industry Regulatory Authority announced recently that it has adopted new amendments to provide public dissemination of U.S. Treasury securities transactions on a trade-by-trade basis both at the end of the day and historically. Additionally, it announced related fees for members and other professionals who

choose to subscribe to the new data set.

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Nine More States Sue Over Climate Rule: The Hill reports that nine more states this week sued the SEC over a rule that requires publicly traded companies to disclose some climate-related information to potential investors. Ten states

separately sued the SEC over the rule last week.

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FINRA 2023 Fines Up 63% Over 2022: Wealth Management reports that FINRA went back to carrying a big stick last year as the fines it imposed on brokerage firms reached $89 million, a 63% increase compared to $54.5 million in 2022, according

to a new report by the law firm Eversheds Sutherland.

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POLICY AND LEGISLATION

House Passes Accredited Investor Bill: The DI Wire reports that last week the full House passed the Expanding Access to Capital Act of 2023, a package of bills that includes a provision to expand the definition of “accredited investor” to include individuals receiving individualized investment advice or individualized investment

recommendations regarding a private offering from a qualified professional.

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Biden Releases FY 2025 Budget Proposal: ThinkAdvisor reports that President Biden on Monday rolled out his sweeping, $7.3 trillion budget request for 2025, with a set of ambitious partisan proposals aimed at raising taxes by $5 trillion on

individuals and corporations.

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Budget Targets Like-Kind Exchanges Again: InvestmentNews reports that the president's proposed budget for the upcoming fiscal year includes line items for closing the so-called like-kind exchange provision that lets real estate investors

defer taxes, an unsuccessful proposal recycled from last year.

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New Biden Tax Would Redefine Capital Gains: The Wall Street Journal reports that President Biden’s plan to tax billionaires would redefine income to include

unrealized capital gains and then impose minimum taxes on them.

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