REG BI ENFORCEMENT POISED TO TAKE NEXT STEP
Ever since Regulation Best Interest went into force, financial advisors have been waiting to see how it would change the oversight of in-vestment advice. They may get more insight this year. The Securities and Exchange Commission im-plemented the broker-dealer standard of conduct in June 2020 during the Covid pandemic. The agency essentially gave financial firms a year’s grace peri-od in which it expected a “good-faith” effort to come into compliance with the rule, which prohibits bro-kers from putting their revenue interests ahead of their clients’ interests in investment returns. Starting in mid-2021, the SEC brought enforce-ment cases against firms that failed to file – or were delayed in filing – their Form CRS, a disclosure document that was part of the Reg BI rule-making package. In mid-2022, the SEC took its first substan-case that could only have been brought under Reg BI, said Sander Ressler, owner and managing di-rector of Essential Edge Compliance Outsourcing Services. “Regulators are looking at [Reg BI] very closely,” Ressler said. “This is going to be something that is going to be front and center in terms of regulatory actions in 2024.” REG BI CARE OBLIGATION Ressler anticipates an enforcement case that is based on Reg BI’s care obligation, which requires that a broker understand the potential risks, re-wards, and costs of a recommendation and whether it is in the customer’s best interests based on those factors. The broker also must consider reasonably available alternatives. Whether brokers look at the investment land-“Regulators are going to take a much heavier hand when it comes to reviewing apples-to-apples product comparisons” SANDER RESSLER, ESSENTIAL EDGE COMPLIANCE OUTSOURCING SERVICES
Investment News
Brokers have been wondering whether they’re complying correctly with the standard of conduct. Enforcement cases this year may shed more light than ever before

