Tr?id=566623520170033&ev=PageView&noscript=1

Experts Anticipate Reg BI Enforcement Actions, DOL Rollover Crackdown In 2022

Posted on January 11th, 2022 at 12:47 PM
Experts Anticipate Reg BI Enforcement Actions, DOL Rollover Crackdown In 2022

From the Desk of Jim Eccleston at Eccleston Law:

The Securities and Exchange Commission (SEC) may actively levy enforcement actions pertaining to Regulation Best Interest (Reg BI) while the Department of Labor (DOL) will emphasize a fiduciary rule that regulates rollover and insurance product recommendations in 2022, according to industry experts. 

“More enforcement actions regarding Reg BI and Form CRS are sure to be released in 2022 against firms that simply failed to comply at all,” according to Amy Lynch, found and president of FrontLine Compliance. The most recent SEC deficiency letters pertaining to Reg BI exams have focused on whether and how firms “consider reasonably available alternative investments, which is a new requirement imposed by Reg BI.” Industry experts recommend that firms emphasize policies and procedures, “especially procedures to identify and mitigate conflicts of interest.” Experts also anticipate that the first Reg BI enforcement actions will focus on settlements and issues that send messages to the industry. 

Attorney Lisa Gomez was recently nominated by President Joe Biden to lead the Labor Department’s Employee Benefits Security Administration, which is the agency monitoring retirement plan rules. After confirmation by the full Senate, Gomez will be tasked with helping the DOL design a new fiduciary rule. Industry experts anticipate the DOL to propose amendments “to the basic fiduciary definition to correct the obvious defects/loopholes in the five-part test [on who’s a fiduciary] that have clearly emerged since the initial reg was issued in 1975.” The DOL will also likely address rollovers even though the Department of the Treasury possesses enforcement authority to levy excise taxes on prohibited transaction exemptions. 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, regulatory and disciplinary matters.

Tags: eccleston, eccleston law, sec,

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

I just received this letter from the CFP Board. Thank you, Thank you, THANK YOU!

David Y

LATEST NEWS AND ARTICLES

1779464913 Law
May 22, 2026
Blue Owl Caps Redemptions as Investors Seek Billions in Withdrawals from Private Credit Funds

Blue Owl Capital faced a sharp rise in redemption requests during the first quarter as investors attempted to withdraw approximately $5.4 billion from two of the firm's largest private credit funds, according to reporting by the Wall Street Journal.

L
May 21, 2026
Edward Jones Faces Federal Privacy Lawsuits Over Alleged Data Sharing With Tech Companies

Edward Jones is facing multiple lawsuits alleging that the firm improperly shared clients' personal and financial information with third-party technology companies for targeted advertising purposes, according to reporting by Financial Planning.

1779287606 Law
May 20, 2026
FINRA Sanctions Ameriprise for Supervisory Failures in Variable Annuity Exchanges

The Financial Industry Regulatory Authority (FINRA) has fined Ameriprise Financial Services and ordered restitution to resolve allegations that the firm failed to adequately supervise certain variable annuity exchange recommendations.