THE FATE OF STATE INVESTOR PROTECTION

Edwards, Benjamin P.

Journal: Transactions: The Tennessee Journal of Business Law

Volume: 21

First Page: 213

Year: 2020

Bluebook Citation: 21 TRANSACTIONS 213 (2020)

Author: Benjamin P. Edwards: all 14 publications


Abstract

In June 2019, the Securities & Exchange Commission made significant changes to the regulation of investment advice, issuing regulations and new interpretations of the Investment Advisers Act of 1940. Industry advocates have argued that states lack power to enact their own regulations on the theory that various federal statutes and regulations combine to preempt and sharply limit state authority. This article examines the current state of reforms around the country and the policy and legal arguments for and against limiting state efforts to raise the standards for investment advice.

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