Trade groups representing the advice industry are calling for a slowdown in the pace of new regulations from the SEC, while the Senate confirms President Donald Trump’s nominee to head the commission and two empty commissioner posts get filled.
Karen Barr, president and chief executive of the Investment Adviser Association, writes on the group’s blog that it expects a “pause in significant new regulations” while Jay Clayton, Trump’s pick to replace Mary Jo White, is confirmed.
Barr’s comments came days before President Trump signed a bill calling for two regulations to be scrapped for every one regulation enacted.
The new executive order, called Reducing Regulation and Controlling Regulatory Costs, does not affect independent agencies and therefore does not include the SEC, writes ThinkAdvisor.
However, in a signing ceremony President Trump specifically called out the Dodd-Frank Wall Street Reform and Consumer Protection Act.
“Dodd-Frank is a disaster; we’re going to be doing a big number on Dodd-Frank,” he said.
Barr also writes that she hopes the pause in new regulations will give advisors time to adjust to existing regulations. In addition, she wants the new commission to reevaluate several rules governing advisors that she says are long overdue for a review.
The advertising rule – drafted in 1961 – doesn’t encompass social media or even the internet, she writes. Barr also calls for a reexamination of the custody rule, regulations on advisors’ political contributions and record-keeping rules.
Barr also speculates that the new chair could “take some time” in making a decision on how to proceed with a rule on third-party examinations of advisors, one of White’s key issues while she was chair. In her comments, Barr did not address the idea of an SEC-developed fiduciary rule, despite it being top of the agenda for White.
Paul Schott Stevens, president and chief executive of the Investment Company Institute, also wishes the regulator would slow down by giving the industry “a breather,” InvestmentNews writes. Stevens tells the publication that the SEC should let fund companies and advisors get through the “thicket of rules” already rolled out.
White stepped down from her post as chairwoman of the SEC when Trump took office earlier this month. Democrat Kara Stein and Republican Mike Piwowar are the only commissioners currently on the five-person commission, with Piwowar acting as interim chairman until Clayton’s confirmation. Industry experts expect the SEC under Clayton, a lawyer whose clients include Goldman Sachs, to be less focused on enforcement.