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ARTICLE · 19 JUNE 2019

SEC Adopts "Retail Best Interest" Rulemaking Package

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The SEC adopted a rulemaking package designed to enhance retail investors' protections when dealing with broker-dealers and investment advisers

United StatesCorporate/Commercial Law

The SEC adopted a rulemaking package designed to enhance retail investors' protections when dealing with broker-dealers and investment advisers. The rulemaking package consists of (i) Regulation Best Interest, (ii) the Form CRS Relationship Summary, (iii) an interpretation of investment advisers' fiduciary duty, and (iv) an interpretation of the "solely incidental" prong of the broker-dealer exclusion under the Advisers Act. The rules and forms will become effective 60 days following publication in the Federal Register, with a transition period lasting until June 30, 2020. The interpretations will become effective upon publication in the Federal Register.

Rulemaking Package

Regulation Best Interest ("Reg. BI") will require broker-dealers not to prioritize their interests ahead of customers' when making recommendations regarding a securities transaction, investment strategy or account recommendation. The regulation provides that a broker-dealer will satisfy the

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