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Archive for the tag “Fiduciary Duty Rule”

Two Executive Orders from Trump that proves his laissez-faire free-market not caring for federal regulation of big-business!

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President Donald J. Trump has decided to the man and leader who love giant corporations and their needs first. Therefore, this February Trump Administration has yet again opened the doors for Business and big corporations to get free space to do their work without interference of the state or federal regulations. Trump wants business to be so free and without taxes, so the wealthy can be stinky rich without considering how they make their fortunes. Therefore, he has already loosen up with Fiduciary Duty Rule, where the investors get good advice or advice that might be better for the consumer, not the ones the wall-street trader or banker earns the biggest profit on and the consumer losing all their savings in. The second is that Trump will continue to cut strings and regulations. Take a look!

“The Department of Labor’s (Department) final rule entitled, Definition of the Term “Fiduciary”; Conflict of Interest Rule — Retirement Investment Advice, 81Fed. Reg. 20946 (April 8, 2016) (Fiduciary Duty Rule or Rule), may significantly alter the manner in which Americans can receive financial advice, and may not be consistent with the policies of my Administration” (E.O. 03.02.2017).

“You are directed to examine the Fiduciary Duty Rule to determine whether it may adversely affect the ability of Americans to gain access to retirement information and financial advice. As part of this examination, you shall prepare an updated economic and legal analysis concerning the likely impact of the Fiduciary Duty Rule, which shall consider, among other things, the following:

  • Whether the anticipated applicability of the Fiduciary Duty Rule has harmed or is likely to harm investors due to a reduction of Americans’ access to certain retirement savings offerings, retirement product structures, retirement savings information, or related financial advice” (E.O. 03.02.2017).

So you can see that advice from traders and bankers are getting freer so the U.S. Citizens can get bad advice that the crony capitalist earns on and the consumer loses their savings. They can give advice on investment portfolio that has problematic structures that even could be similar to subprime mortgage loans and the housing bubble of 2008, which started the economic recession. Therefore the ignorance of this proves that the President cares more about Goldman Sachs and other big multi-national banks. Their power eats the White House. Therefore the Trump administration has more plans that was unleashed on Friday!

On revising regulatory rules for business:

“By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to lower regulatory burdens on the American people by implementing and enforcing regulatory reform, it is hereby ordered as follows:

Section 1. Policy. It is the policy of the United States to alleviate unnecessary regulatory burdens placed on the American people” (E.O. 24.02.2017).

“Each Regulatory Reform Task Force shall evaluate existing regulations (as defined in section 4 of Executive Order 13771) and make recommendations to the agency head regarding their repeal, replacement, or modification, consistent with applicable law. At a minimum, each Regulatory Reform Task Force shall attempt to identify regulations that:

(i) eliminate jobs, or inhibit job creation;

(ii) are outdated, unnecessary, or ineffective;

(iii) impose costs that exceed benefits;

(iv) create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies;

(v) are inconsistent with the requirements of section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note), or the guidance issued pursuant to that provision, in particular those regulations that rely in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transparent to meet the standard for reproducibility; or

(vi) derive from or implement Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified” (E.O. 24.02.2017).

If you wonder what this means is that the Trump Administration is working on getting rid of certain financial regulations that is not benefitting the business community, the big-banks and the reforms that is done to secure a stable economic policies, to prevent bubbles and other openings that hurts the economy. Trump Administration rather wants to open all doors and believe fewer regulations are good and greed will create a prosperous society. Therefore, you can expect them to dismantle or repeal the Dodd-Frank regulation that can be summarised like this:

“Generally, the Dodd-Frank Act imposes more stringent regulatory capital requirements on financial institutions. The Act requires that the Council make recommendations to the Federal Reserve regarding the establishment of heightened prudential standards for risk-based capital, leverage, liquidity and contingent capital” (Morrison & Foerster, 2010).

This is seen as preventive for economic growth, even as the numbers and statistics haven’t showed lacking results of the business in the United States after the legislation came to pass. The Banking institutions haven’t lacked funds or investment opportunities in the republic. So the need to repeal or to take away the clear cut regulations of Dodd-Frank is more of ideological belief, than a systematic defaults of the added regulation to make sure the banks and corporations follows guidelines for their investments and follow the standards the Federal Reserves has put. This was put into a new law by the Presidency of Bill Clinton and called the Gramm-Leach-Bliley Act or the GLBA.

This can be summarised like this:

“The Gramm-Leach-Bliley Act makes the most important legislative changes to the structure of the U.S. financial system since the 1930s. Financial services firms will be authorized to conduct a wide range of financial activities, allowing them freedom to innovate in the new economy. The Act repeals provisions of the Glass-Steagall Act that, since the Great Depression, have restricted affiliations between banks and securities firms. It also amends the Bank Holding Company Act to remove restrictions on affiliations between banks and insurance companies. It grants banks significant new authority to conduct most newly authorized activities through financial subsidiaries” (…) “Removal of barriers to competition will enhance the stability of our financial services system. Financial services firms will be able to diversify their product offerings and thus their sources of revenue. They will also be better equipped to compete in global financial markets” (Clinton, 1999).

So surely Trump seems keen on following the traits of William Clinton or Bill, who had his ways of opening the markets and making sure the big-business didn’t had to have issues with regulatory business, giving bankers and banks more power and have more involvement with more financial instruments. Therefore the banks could sufficiently control more of the financial transactions and instruments to earn even bigger profits without any concern of the federal state regulatory bodies. This is one of the reasons for the Dot Com crash and the Subprime Crash of the recent decades, as the banks could easily transform business and create markets without any consideration of the small-investors, the citizens or the ones losing in the banking crisis of 2008. This is scenario coming up if the Trump Administration opens up and repeal the Dodd-Frank Act. There are another one he might look into that has also regulated the businesses in the United States, this being the Sarbanes-Oxley Act (SOX), which can be explained like this:

“Sarbanes-Oxley established the Public Company Accounting Oversight Board to regulate public accounting firms that audit publicly traded companies. It prohibits firms that audit publicly traded companies from providing other services to the companies they audit, and it requires that CEOs and CFOs of the publicly traded companies certify their companies’ annual and quarterly reports. The Act authorized the Securities and Exchange Commission (SEC) to issue rules governing audits” (…) “The law requires that insiders may no longer trade their company’s securities during pension fund blackout periods. It mandates various studies including a study of the involvement of investment banks and financial advisors in the bookkeeping and recordkeeping scandals that motivated enactment of the legislation. Also included are whistle blower protections, new federal criminal laws, including a ban on alteration of documents” (FDIC – ‘Important Banking Laws’ 20.07.2015).

“That aspect of flexibility—being able to exempt some smaller companies from the mandate and make it easier for others to implement—is an important quality to keep in mind when we discuss future regulation,” says Srinivasan, who also cites the important role of the Public Company Accounting Oversight Board (PCAOB), a nonprofit private corporation created by SOX that oversees auditors of SEC-registered companies” (HBS Working Knowledge, 2014).

Certainly the review and the Trump Administration want are lacking accountability and freer market, total lassies-faire economy without any interference. Certainly if they could they would get rid of commissions and regulatory bodies that also interfering in the businesses of the United States…? Therefore, if SOX and Dodd-Frank acts are repealed or replaced with soft laws that opens the gates for free-for-all instead of economic regulations to safety the investors, the banks and the consumers. That would generate more trust for foreign investment and also of the consumers that want to be sure of their savings. Well, that is all a foreign opinion and understands of the world for the Trump Administration, an administration that is a corporate stooge and a not so invisible hand of Corporate America. Certainly Wilbur Ross and Steve Mnuchin will work for more open markets where the giant multi-national businesses get more freedom and less taxes, so profits can hopefully sore and the American consumer can be more rid-of-the-short-change in their pockets.

So if certain laws cease to exist or get repealed, if they get amended to a pointless state or even get new fancy laws made for big-business from Congress, don’t be surprised all the corporate stooges and well-wishers from the big-banks are all settled there, in the interest of capital donors and the republican super-PACs that want their reimbursement for their investment into the politician, certainly the Koch brothers and Mercer’s of this world want the gates open and market to sour for them. Not matter what cost or how many who loses their savings, as long as the wealthy are getting wealthier. Peace.

Reference:

Executive Order – Trump, Donald J. – ‘SUBJECT: Fiduciary Duty Rule’ – White House, United States of America (03.02.2017)

Executive Order – Trump, Donald J. – ‘ENFORCING THE REGULATORY REFORM AGENDA’ – White House, United States of America (24.02.2017)

Clinton, William J (Bill) – ‘Statement on Signing the Gramm-Leach-Bliley Act (12.11.1999) link: http://www.presidency.ucsb.edu/ws/?pid=56922

HBS Working Knowledge – ‘The Costs And Benefits Of Sarbanes-Oxley’ (10.04.2014) link: https://www.forbes.com/sites/hbsworkingknowledge/2014/03/10/the-costs-and-benefits-of-sarbanes-oxley/#77656419478c

Morrison & Foerster – ‘The Dodd-Frank Act: a cheat sheet’ (2010)

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Koch Brothers revelead through the ‘Freedom Partners’ a plan to repeal laws under the Trump Presidency!

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In American politics there have in the recent years been families intervening with their Super-PACs and their lobbyist to get their legislation through both U.S. Congress and House of Representatives, as well making sure the Supreme Court are accepting it. Than you have this one industrial family, the Koch brothers David and Charles that has involved themselves in politics and engaged in donating campaign funds to dozens of Republican candidates over the years. These have in return delivered legislation that the Koch brothers industries have profited on.

The Super-PAC named “Freedom Partners” set in plan how the Trump Presidency could repeal and make sure the legislation of Obama administration get away. So the leniency and corporate freedoms get back as it was before. Since this legislation has hampered the ability to gain vast profits on destroying the planet and giving minimum salaries to their employees. Something industrialists like Koch brothers wants more off and not just behaviour from the Federal Government.

Therefore the newest document shows certain aspects of their wish-list of how a Trump Presidency should be:

“• Executive Actions and Proposed Regulations: President-elect Trump can unilaterally rescind any executive action signed by President Obama or proposed regulations that have yet to be finalized, including, but not limited to:

  • Executive order establishing a task force on commercial advocacy
  • Executive order putting a moratorium on new federal coal leases
  • Presidential memorandum requiring new federal overtime rule promulgation
  • Paris Climate Agreement requiring greenhouse gas emissions reductions
  • Proposed Environmental Protection Agency (EPA) programs incidental to the Clean Power Plan
  • Proposed Consumer Financial Protection Bureau (CFPB) payday and vehicle title loan rules
  • Proposed CFPB arbitration rules
  • Regulations Finalized On or After June 13, 2016: Under the Congressional Review Act (CRA), Congress can avoid a Senate filibuster to repeal all regulations finalized during the last 60 legislative days, with June 13, 2016, being the cutoff date.

Congress should prioritize the following:

  • Final Stream Protection Rule regarding coal mine permitting
  • Bureau of Land Management (BLM) federal lands Methane Rule
  • Environmental Protection Agency (EPA) Renewable Fuel Standard (RFS): 2017 and 2018 obligations
  • EPA Greenhouse Gas Emissions Standards: Medium- and Heavy-Duty Engines and Vehicles” (Freedom Partners – ‘A ROADMAP TO REPEAL: REMOVING REGULATORY BARRIERS TO OPPORTUNITY’ – 05.01.2017).

That the Executive orders are coming in and making sure that the economic freedoms of corporations is extended and the limitations of former put legislation are repealed. So that the powerful and rich men which are the core base with core principals of the Trump Administration get their will. Therefore the Koch Brothers and their campaign through this Super-PAC are already achieved.

The like memorandum on the Fiduciary Duty that we’re signed in on the 3rd February, which stated: 

“Section 1. Department of Labor Review of Fiduciary Duty Rule. (a) You are directed to examine the Fiduciary Duty Rule to determine whether it may adversely affect the ability of

Americans to gain access to retirement information and financial advice. As part of this examination, you shall prepare an updated economic and legal analysis concerning the likely impact of the Fiduciary Duty Rule, which shall consider, among other things, the following:

(i) Whether the anticipated applicability of the Fiduciary Duty Rule has harmed or is likely to harm investors due to a reduction of Americans’ access to certain retirement savings offerings, retirement product structures, retirement savings information, or related financial advice;

(ii) Whether the anticipated applicability of the Fiduciary Duty Rule has resulted in dislocations or disruptions within the retirement services industry that may adversely affect investors or retirees; and

(iii) Whether the Fiduciary Duty Rule is likely to cause an increase in litigation, and an increase in the prices that investors and retirees must pay to gain access to retirement services” (White House – ‘MEMORANDUM FOR THE SECRETARY OF LABOR SUBJECT: Fiduciary Duty Rule’ – 3rd February 2017).

These here is simply put order where Trump is putting in place less legislation and regulation on banking sector where they trade financial instruments to costumers, the citizens and the ones beholden the retirement funds. These are now set in place in a way where the advice from bankers are put so they get legal advice they see fit for their situation and not for what the banks earn the most on each client. With the new legislation, the bankers can in general sell bad investment portfolios to costumers and gain massive fortunes on the bad investments. This is what the Koch Brothers wants to achieve through their PAC.

Than you have the other latest Executive order which state this:

Section 1. Policy. It shall be the policy of my Administration to regulate the United States financial system in a manner consistent with the following principles of regulation, which shall be known as the Core Principles:

(a) empower Americans to make independent financial decisions and informed choices in the marketplace, save for retirement, and build individual wealth;

(b) prevent taxpayer-funded bailouts;

(c) foster economic growth and vibrant financial markets through more rigorous regulatory impact analysis that addresses systemic risk and market failures, such as moral hazard and information asymmetry;

(d) enable American companies to be competitive with foreign firms in domestic and foreign markets;

(e) advance American interests in international financial regulatory negotiations and meetings;

(f) make regulation efficient, effective, and appropriately tailored; and

(g) restore public accountability within Federal financial regulatory agencies and rationalize the Federal financial regulatory framework” (White House – ‘CORE PRINCIPLES FOR REGULATINGTHE UNITED STATES FINANCIAL SYSTEM’ – 3rd February 2017).

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This is where you see that the business oriented President Trump has put in place two different sort of orders, with the outcome of deregulating the financial industry, the ones trading and selling financial advice to their costumer’s, the other where they are focused of giving the financial decisions directly to the companies. Hereby giving the full power of all instruments to the financial industry and their corporations, that instead of regulating the financial and fiscal regulations that could stop the economy from cracking; with none or lose regulation could give the enterprises a free will that could led them to bubbles. First it would give enormous souring profits, but after the bubble burst the recession and cause massive loses to all citizens who invested in speculative business.

Koch brothers are surely having a wish-list that is starting to be achieved as even coal-legislation has been mentioned to be voted in the U.S. Congress. Therefore the plans of the Freedom Partners and the steps to repeal the regulations of Obama will cease to exist. This is certainly to vanish the print of legislation that we’re for common good and not only for corporate greed.

Step two of the Wish-list of the Koch Brothers we’re these:

“STEP 2. LONGER-TERM OPPORTUNITIES

All other regulations passed before June 13, 2016 can be repealed in at least one of three ways.

  • Executive Rulemaking, Legislation to Rescind or Defund, and Judicial Challenges. These are time-consuming processes that should begin immediately. President-elect Trump and Congress should prioritize the following:
  • EPA Rule defining The Waters of the United States
  • EPA Clean Power Plan
  • HHS Electronic Health Record Incentive Program
  • HHS Establishment of Exchanges and Qualified Health
  • DOL Overtime Rule
  • DOL Fiduciary Rule
  • FCC “Net Neutrality” Rule
  • USDA Calorie Labeling for Vending Machines” (Freedom Partners – ‘A ROADMAP TO REPEAL: REMOVING REGULATORY BARRIERS TO OPPORTUNITY – 05.01.2017)

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The Koch brothers with their plans are certainly set into plan or has least showed to the transitional team, as the legislation for certain aspects are put into action. So the plans to achieve their needed lesser legislation and lassies-faire economy are surely on their way. They have already started and the Freedom Partners PAC is effective. What the world should wonder about, what the PAC gave the Trump Administration since they are obliging them so magnificently. Secondly, what did the PAC to do the Republican Congressmen and Senators to gain their votes and get them to enact bills that they want to see?

We can question the power of the Koch Brother can be shown here, as the Republican have succumbed to the will of donors, instead of caring of the U.S. people wish to see. That can be seen as the legislation of late is friendlier of corporations than of the will of people. This will continue under businessman Trump and his running mates in cabinet. Trump Administration might deliver on more of this list of the Koch brothers. As they have started already. This can only indicate what the Trump administration will continue to strive towards as their ally and friendly future donor might want more legislation to pass or to be repealed to secure vast fortunes. Peace.

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