Page 12 - Investment Advisor July/August 2023
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                 WAsHINgTON WATCH


                   By Melanie Waddell

                 House Advances Bills to expand Accredited


                 Investor Definition


                 The full House also passed a bill requiring the sEC to devise an accredited
                 investor exam; other bills passed in June address social security identity theft.


                                                                                     in a recent letter that the various bills
                                                                                     to expand the definition of accredited
                                                                                     investor require additional language to
                                                                                     call on the SEC to study retail investor
                                                                                     complaints against RIAs generally.
                                                                                       “If the Congress is intent on expand-
                                                                                     ing access to private securities, it must
                                                                                     include some measure of oversight
                                                                                     to ensure the SEC is cognizant of the
                                                                                     serious issues faced by retail investors
                                                                                     at the hands of their trusted RIAs,”
                                                                                     Berkson said.
                                                                                       “The bills, if passed without such stric-
                                                                                     tures, will expose countless Boomers
                                                                                     who are retiring in record numbers and
                                                                                     susceptible to compelling sales pitches
                       he full House passed bills in early   gle  to  secure  funding  —  and  providing   to invest (and ultimately lose) their irre-
                       June to expand the definition of   more Americans with additional invest-  placeable 401(k) funds,” he explained.
                 Taccredited investor as well as to   ment opportunities,” according to Hill.
                 create an accredited investor exam. The   Micah Hauptman, director of investor   CerTIFICATIon exAM
                 Accredited Investor Definition Review   protection for the Consumer Federation   On June 1, the full House passed The
                 Act, H.R. 1579, sponsored by Rep. Bill   of America, said that “CFA strongly   Equal Opportunity for All Investors Act
                 Huizenga, R-Mich., updates the list of   opposes” French’s bill. “It would legisla-  of 2023, introduced by Reps. Mike Flood,
                 certifications that an investor must sat-  tively enshrine an approach to accredited   R-Neb., and Wiley Nickel, D-N.C., which
                 isfy to qualify as an accredited investor.  investors based on financial thresholds   requires the Securities and Exchange
                   The Fair Investment Opportunities   we know don’t work at identifying a popu-  Commission to devise an accredited
                 for Professional Experts Act, H.R. 835,   lation of investors that can fend for them-  investor certification exam.
                 sponsored by Rep. French Hill, R-Ariz.,   selves  without  the  protections  afforded   “H.R. 2797 provides a pathway for
                 expands the accredited investor defini-  by the public markets,” Hauptman said.  Americans to become accredited investors
                 tion, “thereby increasing the pool of   Hugh Berkson, president of the Public   by allowing individuals seeking status to
                 investors for small and emerging com-  Investors  Advocate  Bar  Association,  or   take an examination,” to be established by
                 panies  in  need  of  capital  —  especially   PIABA, told House Financial Services   the SEC and administered by the Financial   Adobe Stock
                 minority entrepreneurs who often strug-  Committee Chairman Patrick McHenry   Industry Regulatory Authority, Flood said.



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