Cetera Launches Regulatory Risk-O-Meter

News October 30, 2024 at 05:02 PM
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Cetera Financial Group said Wednesday that it has launched the Cetera Risk-O-Meter, a resource designed to help advisors measure and navigate developing regulatory risks.

The Cetera Risk-O-Meter "combines data about enforcement actions and customer claims from regulatory bodies with insights on pending regulations to provide a clear and timely picture of the challenges financial advisors face today," the firm said in a statement.

"The rules governing our industry are becoming more complex and stringent every year," Mark Quinn, director of regulatory affairs at Cetera, said in a statement.

"At Cetera, we understand that financial advisors need to stay ahead of these changes to protect their clients and their businesses," Quinn said. The Cetera Risk-O-Meter "is designed to provide the insights and updates advisors need to remain compliant and confident in their practice."

Over the past three years, Quinn added, "there has been steady regulatory pressure, with new issues emerging while foundational topics like worker classification and fiduciary standards remain constant. As the regulatory environment continues to evolve, financial advisors must remain vigilant in their approach to compliance."

Key findings from the inaugural Risk-O-Meter include:

Regulatory Warming

Several key regulatory issues include enforcement of the Labor Department's Retirement Security Rule, which has been stayed by the courts. If upheld, the rule "will impose new and revised regulations that will reshape how advisors manage retirement accounts," Cetera said.

Also, the Federal Trade Commission "has adopted regulations restricting the use of non-compete clauses in employment agreements affecting workforce management strategies," the firm said.

Big changes to Labor worker classification rules "could fundamentally alter employment practices, especially for independent contractors," Cetera continued.

Further, the introduction of "junk fee legislation could force major adjustments in fee structures, and possible changes to SEC disclosure and pre-dispute arbitration agreements (PDAA) could profoundly impact how advisors manage client relationships and disputes," Cetera said.

Enforcement Actions Remain Steady

The number of regulatory enforcement actions taken by the SEC and FINRA against financial advisory firms from 2022 to 2024 to date has remained steady based on the number of news releases issued that reference financial advisory firms, according to Cetera.

"SEC enforcement actions have wavered from 74 in 2022 to 66 in 2024 year to date. Similarly, FINRA actions went from 34 in 2022 to 52 in 2023 to settle back around 34 year to date," the firm said.

"This trend underscores the steady regulatory scrutiny on the financial advisory industry, but certainly the outcome of the elections will have an impact."

Election Implications

The 2024 presidential election has created regulatory expectations.

"A Democrat administration is likely to emphasize issues such as worker classification, fiduciary duties, and stricter ESG regulations," Cetera said. "Conversely, a Republican administration might focus on reducing regulatory burdens and easing restrictions on financial practices."

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