The Broker-Dealer Regulation & Litigation Digest is a periodic compilation of the most read blog posts published on the Broker-Dealer Law Blog during the last few months. Catch up on the latest insights on litigation, regulatory, compliance and fiduciary issues impacting broker-dealers and other financial services companies.
Tax Credits for Starting Up Small Employer Plans: What You Need to Know
By Fred Reish and Joan M. Neri
Starting with tax years beginning after December 31, 2022, a small employer can take advantage of significant tax credits under SECURE Act 2.0 (the Act) for establishing a new retirement plan. Under the Act, the tax credits are available for plan administrative and contribution costs. The full tax credit is available to employers with 50 or fewer employees and there is a partial credit available to employers with 51 to 100 employees. There are several additional conditions for eligibility as well.
“Or Worse, Expelled”
By Sandra D. Grannum, Jamie L. Helman and Justin M. Ginter
FINRA announced on Friday, May 12, that it was expelling SW Financial, in part, because it had violated Regulation Best Interest (Reg BI). This is the first time FINRA has expelled a firm since Reg BI took effect in June 2020. The move by FINRA, however, tracks with its increased rhetoric that it will be cracking down on brokerage firms for Reg BI violations. As we have previously reported, the Division of Examinations of the Securities and Exchange Commission (the Division) has been busy implementing broker-dealer examinations to assess compliance with the regulation.
Recent State Fiduciary and Best Interest Developments
By Joan M. Neri
The number of states adopting rules that follow the Suitability in Annuity Transactions Model Regulation issued by the National Association of Insurance Commissioners (NAIC) continues to grow. Colorado, Massachusetts, Alaska and Tennessee are recent additions to the following State Fiduciary and Best Interest Development chart, bringing the total to 31 as of this date.
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