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#fiduciary rule
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Biden wants to ban ripoff “financial advisors”
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I'll be at the Studio City branch of the LA Public Library on Monday, November 13 at 1830hPT to launch my new novel, The Lost Cause. There'll be a reading, a talk, a surprise guest (!!) and a signing, with books on sale. Tell your friends! Come on down!
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Once, American workers had "defined benefits pensions," where their employers promised to pay them a certain amount every year from their retirement to their death. Jimmy Carter swapped that out for 401(k)s, "market" pensions where you have to guess which stocks will be valuable or starve in your old age:
https://pluralistic.net/2020/07/25/derechos-humanos/#are-there-no-poorhouses
The initial 401(k) rollout had all kinds of pot-sweeteners that made them seem like a good deal, like heavy employer matching that doubled or even tripled the value of every dollar you put into the market for your retirement. But over the years, as Reaganomics took hold and workers' power ebbed away, all these goodies were clawed back. In the end, the market-based pension makes you the sucker at the poker table, flushing your savings into a rigged casino that is firmly tilted in favor of finance barons and other eminently guillotineable plutocrats.
Neoliberalism is many things, but most of all it is a cult of individualism. The fact that three generations of workers are nows facing down retirement without pensions that will provide them with secure housing and food – let alone money to see the odd movie, buy birthday gifts for their grandkids, or enjoy a meal out now and then – is framed as millions of individual failures, not a systemic one.
In other words, if you are facing food insecurity and homelessness after a lifetime of hard work, it's because you saved wrong. Perhaps you didn't save enough (through a 40-year run of wage stagnation and skyrocketing housing, health and education costs). Or perhaps you saved wrong, making the wrong bets on the stock market. If you can't afford to run your air conditioner during a heat dome, that's on you: you should have been better at stocks.
Apologists for this system will say that you don't have to be good at stocks – you just have to pay an Independent Financial Advisor to pick the stocks for you and you'll be fine. But IFAs don't work for free! What if you can't afford one?
Enter "predatory inclusion" – the practice of offering scammy, overpriced and substandard products to poor people and declaring it to be a good deed, because otherwise, those poor people would have to do without. The crypto bubble relied heavily on this: think of Spike Lee and others shilling for pump-and-dump scams as a way of "building Black wealth":
https://www.nytimes.com/2021/07/07/business/media/cryptocurrency-seeks-the-spotlight-with-spike-lees-help.html
More recently, Intuit and other scammy tax-prep services have argued against the IRS's plan to offer free tax preparation as bad for Black and brown people, because it will deny them the chance to be deceived and ripped off with TurboTax:
https://pluralistic.net/2023/09/27/predatory-inclusion/#equal-opportunity-scammers
Back in 2018, Trump won the predatory inclusion Olympics, when his Department of Labor let the Fifth Circuit abolish the "Fiduciary Rule" for Independent Financial Advisors:
https://www.investopedia.com/updates/dol-fiduciary-rule/
What was the Fiduciary Rule? It said that your IFN had to put your interests ahead of their own. Like, if there were two different funds you could bet on, and one would pay your IFN a big commission, while the other would be a better bet for you, the IFN couldn't put your retirement savings into the fund that offered them a bribe.
When Trump killed the Fiduciary Rule, he proclaimed it a victory for poor people, especially Black and brown people. After all, if IFNs weren't allowed to accept bribes for giving you bad financial advice, then they would have to make up the difference by charging you for good advice. If you couldn't afford that advice, well, you'd have to make bad retirement investments on your own, without the benefit of their sleazy self-dealing.
The Biden Administration wants to change that. Biden's Acting Labor Secretary is Julie Su, and she's very good at her job. Last spring, she forced west coast dockworkers' bosses to cough up the contract they'd stalled on for a year, with 8-10% raises for every worker, owed retroactively:
https://pluralistic.net/2023/06/16/that-boy-aint-right/#dinos-rinos-and-dunnos
Su has proposed a way to reinstate the Fiduciary Rule, as part of the Biden Administration's war on junk fees, estimating that this will increase retirees' net savings by 20%:
https://prospect.org/labor/2023-11-07-julie-su-labor-retirement-savers/
The new rule will force advisors who cheat their clients to pay restitution, and will require them to deliver all their advice in writing so that this cheating can be detected and punished.
The industry is furious, of course. They claim that "The Market (TM)" will solve this: if you get bad retirement savings advice and end up homeless and starving, then you will choose a different advisor in your next life, after you are reincarnated (I guess?).
And of course, they're also claiming that forcing IFNs to stop cheating their clients will deny poor people access to expert (bad) advice. As the Financial Services Institute's Dale Brown says, this will have a "negative impact on Main Street Americans’ access to financial advice":
https://www.fa-mag.com/news/legal-challenge-predicted-for-new-dol-fiduciary-proposal-75257.html
Here's that rule – read it for yourself, then submit a comment expressing your views on it. The government wants to hear from you, and administrative law requires them to act on the comments they receive:
https://www.federalregister.gov/documents/2023/11/03/2023-23782/proposed-amendment-to-prohibited-transaction-exemptions-75-1-77-4-80-83-83-1-and-86-128
Su is part of a wave of progressive, technically skilled regulators in the Biden administration that resulted from a horse-trading exercise called the Unity Task Force, which divvied up access to top appointments among the progressive wing and the finance wing of the Democratic Party. The progressive appointments are nothing short of incredible – the most competent and principled agency leaders America has seen in half a century:
https://pluralistic.net/2023/10/23/getting-stuff-done/#praxis
But then there's the finance wing's appointments, like Judge Jacqueline Scott Corley, who ruled against Lina Khan's attempt to block the rotten Microsoft/Activision merger (don't worry, Khan's appealing):
https://pluralistic.net/2023/07/14/making-good-trouble/#the-peoples-champion
Perhaps the worst, though, is Biden's Secretary of Commerce Gina Raimondo, a private equity ghoul who did a stint for the notorious wreckers Bain Capital before founding her own firm. Raimondo has stuffed her department full of Goldman Sachs alums, and has sidelined labor and civil society groups as she sets out to administer everything from the CHIPS Act to regulating ChatGPT.
As Henry Burke writes for the Revolving Door Project and The American Prospect, Raimondo's history as a corporate raider, her deference to the finance sector, and she and her husband's conflicts of interest from their massive stakes in companies she's regulating all serve to undermine Biden's agenda:
https://prospect.org/economy/2023-11-08-commerce-secretary-gina-raimondo-undercutting-bidenomics/
When the administration inevitably complains that its popular economic programs aren’t breaking through the media coverage, they’ll have no one to blame but themselves.
The Unity Task Force gave us generationally important policymakers, but ultimately, it's a classic "pizzaburger." If half your family wants pizza, and the other half wants burgers, and you serve them something halfway in between that makes none of them happy, you haven't made a wise compromise – you've just made an inedible mess:
https://pluralistic.net/2023/06/17/pizzaburgers/
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If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2023/11/08/fiduciaries/#but-muh-freedumbs
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anarchyrpbook · 18 days
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FALLOUT (TV SERIES, 2024): Episode Six Part 2 Feel free to edit the sentences, places, pronouns, etc, as you need. NSFW TW: Mentions of sex, drugs, violence
“Sorry you couldn’t make it to the party the other night, [name]. Guess you had one of your meetings, huh?”
“We watched people die together up north fighting against all that horseshit.”
“[My wife] works there. You really think [name] is the devil?”
“Do you know what ‘fiduciary responsibility’ means?”
“No, I have no fucking idea.”
“You played him with grace, and with dignity. It was a great role for you.”
“I guess everything’s a conspiracy, right?”
“Come on, man, you sound like you’re in a cult.”
“And you’re sitting here defending a system that’s ready to set the world on fire, [name]. Maybe you’re the one in the cult.” 
“You should come to a meeting.”
“It’s going to be hard on [pronoun], that’s all.”
“That’s just, uhm, that’s the policy.”
“That’s not really the question, is it?”
“I think that’s a relatively trivial concern, given the prerequisite conditions of us living in a nuclear fallout shelter.”
“That is a new rule. Someone decided that, and didn’t share it with fucking anyone.”
“I mean, what else do you have in store for us?”
“So, the bomb falls and you want to know about your wardrobe.”
“No, I want to know about my freedom.”
“I didn’t go to war, defending that freedom, so that I could live in a cellar under the boot heel of [name].”
“And while you were away at war, I stayed home. I was checking the mail every day. I was waiting by the phone every night. And every night I was driving myself crazy imagining the worst.”
“And no, none of this is ideal.”
“You don’t get it, that is the best we can possibly hope for.”
“I’m sorry. I know you always try to do the right thing, that’s what I love about you.”
“We don’t talk about that. Geez, what is the matter with you?”
“Hey, where do you guys get your power from?”
“I see you found our fusion core.”
“Some people who come here have a hard time adjusting to finally feeling safe.”
“All the things you’ve had to do to survive still fresh in your mind.”
“Trust doesn’t come easily to those of us with a guilty conscience.”
“How about you sleep in a room of your own tonight. Have a hot shower. Nothing wrong with a little bit of comfort.”
“You boys know who you just brought in?”
“This sumbitch right here used to be the best bounty hunter to ever shoot a man in the ass.”
“Kids these days don’t know their goddamn history.”
“Aw, come on, [name], we old friends, ain’t we?”
“I don’t know what keeps you going.”
“Maybe, you’re still looking for [pronoun].”
“Well, [name], I can confidently cross one reason off that list for you. I sure as hell ain’t still alive so that I can have unintelligent conversations with dipshits like yourself.”
“Mind your fucking mouth.”
“Now, that bitch is dangerous.”
“Well, when it comes to leadership these days, dangerous is what they call a prerequisite.”
“Somebody’s got to step up and bring some order around here.”
“Guilty as charged.”
“Oh, I must have killed nine or ten people.”
“Do you want to make my cock explode now?”
“I know this must all seem really nice compared to the-the shoot show that’s up there. I wouldn’t blame you if you wanted to go back on our deal and - and just be somewhere that is good and safe. But this isn’t it.”
“They gave me a robe. And slippers.”
“These people are hiding something from us, I’m going to prove it okay? I’m not leaving without you.”
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Hi, I'm also a progressive and this blog was recommended to me by tumblr because I follow the #biology tag. I 100% agree fetuses are humans and deserve the same rights as anyone else. I am pro choice because no one has the right to another person's body. If you are in a situation where someone is dying and needs specifically a transfusion of your blood to survive, you have every right to deny that person your blood and let them die. It would be a cruel and callous thing to do, but you are not obligated to give anyone your blood not matter the circumstances. And that (blood donation) is a procedure that is minimally invasive and highly unlikely to cause major complication. Pregnancy on the other hand is the most invasive you can get; the other person is literally embedded in your body, radically altering its hormonal balance and shifting around organs and imposing major health risks. No one has the right to impose themselves on another person's body like this without consent. If anyone other than a fetus physically intruded into someone else's body in this way and rearranged their organs and took nutrients out of their blood it would be treated as an aggravated assault and battery, possibly grievous bodily harm. Pregnancy is physically harmful, interferes with a pregnant individual's functioning (it's pretty much a temporary disability) and in a way, abortion is self defence against an unwanted physical intrusion and violation of bodily autonomy. If the baby is not viable, then too bad. The other person's right to their own body comes first. If the baby is viable, then once they are born/removed every effort should be made to preserve their life.
Ngl, I was tempted to just delete this because I've already responded to these points multiple times, but because you appear to have put sincere effort into your argument in good faith, I'm going to give you the benefit of the doubt. In the future, please scroll through my posts to make sure I haven't already posted a rebuttal. This once I'll save you time and dig up the links for you.
So, this is a mix of the autonomy (consent) argument, the refuse (donation) argument, and the self-defense (parasite) argument.
You start off making the McFall v. Shimp case against forced bodily donations: a classic argument of the Right to Refuse. Every living born person has been the beneficiary of a pregnancy; comparatively, almost no one has been the beneficiary of an organ donation, so these situations are actually not that comparable. BUT, let's pretend they are. Here's the relevant excerpts to that:
You have no obligation to extraordinarily sacrifice to keep someone from dying and may refuse to do so. In most cases of elective abortion, a preborn person is not already dying. They are in their proper environment where they belong at that stage of life, and they are healthy. It is completely ordinary to at one point in your life have your body sustained by a pregnant person; more people are at one point sustained by a pregnant person than are ever pregnant with a person.
Per the standard form of this strategy, you then make the case for self-defense by pathologizing pregnancy; a cliché misogynist tactic. Excerpts:
Pregnancy is no extraordinary sacrifice; it isn’t a regular sacrifice, and it’s a big deal. Yet that pregnant bodies take care of prenates is ordinary and healthy. Pregnancy is not disease. Disease may happen within pregnancy and is treatable. Pregnancy is not the regular state of the body, but to assert pregnancy is extraordinary is to imply a non-pregnant body is ordinary, and thereby normative. I reject the normatization of the non-pregnant body, for it implies that the male body is always normal and ideal as the rule, while the female body is not.
Next, you argue that the fetus doesn't have consent, which is pretty irrelevant considering that consent is not applicable to the relation between a parent and their dependent offspring. Pregnancy is an aconsensual, fiduciary relationship. BUT, for the sake of this (absurd) autonomy argument, I'll grant that the preborn child lacks consent. Excerpts:
It is a normal function and ordinary outcome of intercourse to become pregnant, and even contraceptives used regularly and functioning normally will foreseeably fail to prevent pregnancy on occasion.
When you gamble, you accept the risk that you may lose money as a foreseeable consequence. When you gamble with sex, you accept the risk that you may gain a child as a foreseeable consequence. You can only revoke consent to actions, not foreseeable consequences. You may not violently sacrifice a helpless person to “mitigate” risk or harm.
You also claim that fetuses are aggressors with some culpability for the changes the body naturally undergoes in pregnancy. This dips into the parasite argument as it implies that the parent-offspring relation is parasitic, and it weirdly adultifies literal babies. Excerpts:
Self-defense justifies violent force proportionate to a threat or violation, but this assumes an aggressor. A preborn person has not deliberately forced themself upon their parent’s body as an assailant. To suffocate, poison, or dismember a person forced into a vulnerable circumstance is excessive force and abuse of power, upon the same principle as police brutality.
A prenate has no volition & also isn’t an agent in pregnancy. A baby shouldn’t be held to adult standards. A baby’s existence is passive, not an aggression, and not a threat. On a gut level we know it’s cruel injustice to deliberately harm a helpless child, so we must construe either “child”, “helpless”, or “harm” as false to justify abortion.
Lastly, you describe pregnancy as an unwanted intrusion, which isn't reflective of the reality of why people seek abortions; people get abortions because they want no relationship to a living child. BUT, let's say hypothetically, someone did simply not want to be pregnant. Excerpts:
Another implication of these posits is that the prenate is invasive. This is predicated upon that the location of a human (in this case, the womb — where else does a prenate belong?) has an impact on their moral status, meanwhile dismissing place of origin and safe shelter. The argument is that something about being a fetus justifies her extermination; that autonomy takes precedence over dependence is just pretense.
Not to mention, you must reckon with the reality of elective third-trimester abortion, in which a fetus is viable yet deliberately killed via exsanguination, lethal injection, or dismemberment. You should see the victims of the discriminatory violence your ideology condones. I'll leave you with this:
Preborn humans are powerless people. Elective abortion is abuse of power. Abortion is a human rights violation.
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mariacallous · 1 year
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A powerful rightwing pressure group, the American Legislative Exchange Council (Alec), is pushing states to adopt a new law shielding all US businesses from “political boycotts”.
Although primarily aimed at protecting controversial industries such as fossil fuel companies, big agriculture and gun manufacturers, the proposed legislation is written to prevent boycotts by investors, banks and other companies of any US business.
It comes amid rising consumer pressure on firms over whom they do business with, and follows the decision by major retail stores to stop selling MyPillow products after its chief executive allied himself with Donald Trump’s false claims of fraud in the 2020 presidential election.
Alec, which is funded by major corporations, intends to press state legislators to adopt the readymade law, the eliminate political boycotts act, at its closed-door States and Nation Policy Summit in Washington DC at the end of this month.
Some Republican-led states have passed hundreds of pieces of Alec’s model legislation almost word for word, including laws pushing the conservative agenda on immigration, voting suppression, the environment, guns and energy policy.
The new model legislation requires every “governmental entity”, which covers a wide array of bodies from state government to local police departments and public universities, to include a clause in contracts requiring businesses to pledge they “will not engage in economic boycotts”.
According to the text of the proposed law, which is written by Alec’s lawyers so that all a legislature has to do is fill in the name of its state, it is a response to banks, investment funds and corporations refusing to invest in or do business with industries that damage the environment or are aligned with oppressive laws.
“Corporations are boycotting and sanctioning essential industries, such as fossil fuel and agriculture producers, by refusing to provide them with products or services or imposing undue burdens on them,” the proposed law says.
“Banks are increasingly denying financing to creditworthy companies solely for the purpose of marketing their environmental or social justice credentials, to the detriment of their clients and shareholders.”
The huge investment company BlackRock is among nearly 400 financial firms to have sold off shares in big oil companies over their failure to pursue sufficiently climate-friendly policies.
Some corporations are increasingly concerned that consumer pressure will cause other companies to boycott them over their funding of rightwing politicians and causes, or social positions.
The model legislation follows an Alec meeting in Atlanta in the summer at which participants launched a push against “woke capitalism”, claiming that boycotts may break financial laws.
“The collusion of corporations, and institutions to boycott, divest from, or sanction any industry may violate existing antitrust and fiduciary laws and harms consumers, shareholders, and states,” the model legislation states.
The readymade law gives state attorneys general the power to “examine under oath any person” in connection with a boycott, and to require them to file a report about their activities. The attorney general would also be able to “examine any record, book, document, account or paper as he may deem necessary” and to impound them.
The eliminate political boycotts act has its roots in legislation already on the books in more than 30 states to block boycotts of Israel over its oppression of the Palestinians.
For that reason the proposed new law does not extend to individuals after several states were forced to amend legislation when courts ruled that requiring individuals to sign pledges not to boycott Israel intruded on free speech rights.
Kansas revised its law in 2018 after a Wichita teacher brought a federal lawsuit in response to being told to sign a pledge not to boycott Israel in order to keep her job. Similarly, Texas narrowed its law after a speech pathologist lost her contract with a school district.
However, an Arkansas newspaper publisher has asked the supreme court to intervene after a federal appeals court upheld a 2017 state law that cost the publication advertising by the state university after it refused to sign the commitment not to boycott Israel.
The latest model legislation expands on another law written by Alec, the Energy Discrimination Elimination Act, introduced since the beginning of the year and passed by several states to shield big oil from share selloffs and other measures to protest the fossil fuel industry’s role in the climate crisis.
Legislation written by Alec has been introduced thousands of times in state legislatures across the country, and passed into law in hundreds of instances. Model laws are written by Alec “task forces”, usually jointly chaired by a state legislator and a representative of an interested industry.
Alec was behind the proliferation of “stand your ground” laws in conservative states, permitting the use of deadly force by any person who feels threatened, which George Zimmerman used as a successful defense for shooting Trayvon Martin in Florida in 2012.
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David Horsey
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Top Democrats lashed out at a “new wave” of climate denialism in the Republican party at a corporate conference this week, warning “Maga ideology” was becoming a major risk to US industry and business. John Podesta, President Biden’s senior clean energy adviser, cautioned Wall Street investors that Republican attacks on “woke capitalism” were “irresponsible” and against free market principles.
“Some people in Washington are taking this moment to try to hamper fiduciary responsibilities and investment decisions with Maga ideology,” said Podesta, adding that investing in clean energy was not controversial but “common sense”.“You can’t de-risk your portfolio if you can’t factor material climate hazard into your investment decisions,” he said. Al Gore, the former Democratic vice-president and climate advocate, said Republican-led anti-ESG bills were part of a “new wave of climate denial”. “The weight of the absurdity is impressive . . . Their policies and their ideology cannot survive in a world that really pays attention to truth and the rule of law,” Gore said. 
The comments from senior Democrats at a Ceres conference on Thursday come amid an escalating conflict over the Biden administration’s clean energy strategy and a Republican backlash against the environmental, social and governance movement on Wall Street.
Biden issued the first veto of his term this week, rejecting a Republican bill to ban retirement funds from considering ESG matters such as climate change in their investment decisions. More than half of US states have made efforts to crack down on ESG investing in public retirement funds, according to a tracker by Ropes & Gray. The law firm has tracked at least 50 anti-ESG bills introduced so far in 2023, more than double the entirety of last year. Florida’s Republican governor and potential presidential candidate Ron DeSantis is among the loudest critics of ESG, calling the practice “woke capitalism” and a threat to financial returns. 
DeSantis rallied 18 governors into an alliance last week to curb ESG investing at the state level.“All these people fretting about ‘woke capitalism’ don’t actually seem to believe in capitalism,” Podesta said. “Because if you ignore risk [such as climate change], you’re going to end up losing a lot of money and it’s irresponsible.”
[Financial Times]
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dwagom · 2 years
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(...) Stablecoins are a modern form of the wildcat banks of the 1800s, which issued dubious paper dollars backed with questionable reserves. These led to the National Currency Act of 1863, establishing the Office of the Comptroller of the Currency and taking away the power of commercial banks to issue paper notes. At the very least, stablecoins need to be as regulated as banks are. But all of cryptocurrency is a less robust version of existing systems and has any advantage only as long as it gets away without being properly regulated. (...)
You might be asking why either UST or luna is worth anything in the first place, given they were created ex nihilo by Terra. But the cryptocurrency bubble has been so full of irrational exuberance that a token created yesterday can claim to be worth something just for existing, and you can pay people in your made-up token.
Neither UST nor luna is really priced in dollars; they’re priced in other illiquid tokens, which are priced in other illiquid tokens, which are priced in ethers (the native currency of the ethereum blockchain), which are priced in dollars. There was never $18 billion in dollars, or even in ethers. There is only a long, multiply leveraged chain of alleged pricing for two made-up assets. Every time you see a headline claim of billions of dollars in cryptocurrency, those are not in any way actual realizable dollars—there’s no real market liquidity. But the market accepted this barely backed coin as being worth a dollar because the belief would let traders make money for a time. (...)
Plenty of pain is out there, but the real danger is contagion from cryptocurrency to the wider economy. U.S. regulators have long worried about stablecoins. The Trump administration made rules to mitigate the money-laundering risk from stablecoins in December 2020. The President’s Working Group on Financial Markets cautioned in December 2021 that “the mere prospect of a stablecoin not performing as expected could result in a ‘run’ on that stablecoin. … A run occurring under strained market conditions may have the potential to amplify a shock to the economy and the financial system.”
The Federal Reserve’s May 2022 Financial Stability Report compared the risks of stablecoins to those of the money market funds that played such a critical part in the 2008 crash. The day after UST’s collapse, Treasury Secretary Janet Yellen reported to the Senate for the Financial Stability Oversight Council and mentioned UST as an example of the potential issues with stablecoins.
The cryptocurrency industry has persistently tried to worm its way into systemically risky corners of the economy. The Labor Department warned financial advisors and other fiduciaries this March that their licenses may be at risk if they put cryptocurrency into 401(k) retirement plans. Fidelity Investments is still attempting to put cryptocurrencies into its 401(k) product for employers anyway. The Labor Department and Sens. Elizabeth Warren and Tina Smith have asked Fidelity to explain why it is offering such incredibly risky assets as long-term retirement plans, as well as the company’s conflict of interest in promoting an investment it has such a strong position in.
Cryptocurrency trading throws around alleged millions and billions. Those numbers are fictions built on fictions, with a much smaller—but still real—amount of actual money at the bottom. The gateways to genuine dollars are narrow and have yet to be significantly breached. But that’s not for lack of effort from the cryptocurrency world, whose endgame appears to be to make cryptocurrency systemic and leave the government as the bag-holder of last resort when the tottering heaps of leverage fall down. It worked in 2008, after all.
emphases in bold text mine
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robfinancialtip · 1 day
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This Department of Labor rule helps determine whether your financial advice is coming from a trusted professional or someone akin to a car salesman. (Participants in small retirement plans and investors rolling into fixed index annuities should see the most benefit.)
Today's Stocks & Topics: CAT - Caterpillar Inc., MAS - Masco Corp., Market Wrap, GGG - Graco Inc., The Final Fiduciary Rule Clarifies When Financial Professionals Must Act in the Best Interest of Their Client, VICI - VICI Properties Inc., Rollover the 403B to a Roth I-R-A, Interest Rates, AMZN - Amazon.com Inc., ARKK - ARK Innovation ETF, PFE - Pfizer Inc., Housing Bills.
Call 888-99-CHART to hear your questions answered live.
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workmanvalentine19 · 3 days
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A CPD provider might be entitled in such a case to re-apply for accreditation however in such a case the full charge will be payable. In September 2004, the Financial Advisory and Intermediary Services Act (FAIS) expanded the mandate of the FSB to include features of market conduct in the banking business. Andria has been within the financial business for more than 33 years having labored in banks and insurance firms. The institute assesses the folks practices of participating firms through the independently audited and fact-based HR survey, which covers six domains and 20 subtopics throughout the complete HR spectrum. When applying to turn into a Financial Service Provider, a certain criterion is employed. You will be evaluated based on the following criteria, whether or not you are an individual or a company. The Financial Sector Conduct Authority (FSCA) or the equal in your nation should licence your FSP. Whether it’s a new challenge you’re after or ready to break glass ceilings, empower your subsequent career move with a CV that reveals the world you imply business. Build an expert CV, customise your cowl letter for the position you’re applying for, follow role-relevant questions and solutions, and get tips about advancing your career. This, coupled with the fact that roughly 70% of the earnings on the JSE are accrued internationally, makes holding SA shares engaging. “The FSCA continues to receive and contemplate functions from new and current CASPs,” South Africa’s financial regulator said. MyBroadband has been asking the FSCA since 27 March for the complete record of CASPs after corporations began issuing media releases claiming to be the primary licence recipients. We have always operated as a compliant crypto exchange, and this commitment continues beneath the FAIS Act, regulated by the FSCA. In phrases of regulation fifty eight of the Banks Act, the prescribed payment payable in respect of an software to determine a consultant office is ZAR 6,840 (including VAT), whereas the application fee in respect of a branch ZAR 20,520 (including VAT). There is a particular criterion that’s used when making use of to turn into a Financial Service Provider.
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NLRB rules that any union busting triggers automatic union recognition
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Tonight (September 6) at 7pm, I'll be hosting Naomi Klein at the LA Public Library for the launch of Doppelganger.
On September 12 at 7pm, I'll be at Toronto's Another Story Bookshop with my new book The Internet Con: How to Seize the Means of Computation.
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American support for unions is at its highest level in generations, from 70% (general population) to 88% (Millenials) – and yet, American unionization rates are pathetic.
That's about to change.
The National Labor Relations Board just handed down a landmark ruling – the Cemex case – that "brought worker rights back from the dead."
https://prospect.org/labor/2023-08-28-bidens-nlrb-brings-workers-rights-back/
At issue in Cemex was what the NLRB should do about employers that violate labor law during union drives. For decades, even the most flagrantly illegal union-busting was met with a wrist-slap. For example, if a boss threatened or fired an employee for participating in a union drive, the NLRB would typically issue a small fine and order the employer to re-hire the worker and provide back-pay.
Everyone knows that "a fine is a price." The NLRB's toothless response to cheating presented an easily solved equation for corrupt, union-hating bosses: if the fine amounts to less than the total, lifetime costs of paying a fair wage and offering fair labor conditions, you should cheat – hell, it's practically a fiduciary duty:
https://www.jstor.org/stable/10.1086/468061
Enter the Cemex ruling: once a majority of workers have signed a union card, any Unfair Labor Practice by their employer triggers immediate, automatic recognition of the union. In other words, the NLRB has fitted a tilt sensor in the American labor pinball machine, and if the boss tries to cheat, they automatically lose.
Cemex is a complete 180, a radical transformation of the American labor regulator from a figleaf that legitimized union busting to an actual enforcer, upholding the law that Congress passed, rather than the law that America's oligarchs wish Congress had passed. It represents a turning point in the system of lawless impunity for American plutocracy.
In the words of Frank Wilhoit, it is is a repudiation of the conservative dogma: "There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect":
https://crookedtimber.org/2018/03/21/liberals-against-progressives/#comment-729288
It's also a stunning example of what regulatory competence looks like. The Biden administration is a decidedly mixed bag. On the one hand there are empty suits masquerading as technocrats, champions of the party's centrist wing (slogan: "Everything is fine and change is impossible"):
https://pluralistic.net/2023/01/10/the-courage-to-govern/#whos-in-charge
But the progressive, Sanders/Warren wing of the party installed some fantastically competent, hard-charging, principled fighters, who are chapter-and-verse on their regulatory authority and have the courage to use that authority:
https://pluralistic.net/2022/10/18/administrative-competence/#i-know-stuff
They embody the old joke about the photocopier technician who charges "$1 to kick the photocopier and $79 to know where to kick it." The best Biden appointees have their boots firmly laced, and they're kicking that mother:
https://pluralistic.net/2023/08/16/the-second-best-time-is-now/#the-point-of-a-system-is-what-it-does
One such expert kicker is NLRB General Counsel Jennifer Abruzzo. Abruzzo has taken a series of muscular, bold moves to protect American workers, turning the tide in the class war that the 1% has waged on workers since the Reagan administration. For example, Abruzzo is working to turn worker misclassification – the fiction that an employee is a small business contracting with their boss, a staple of the "gig economy" – into an Unfair Labor Practice:
https://pluralistic.net/2022/01/10/see-you-in-the-funny-papers/bidens-legacy
She's also waging war on robo-scab companies: app-based employment "platforms" like Instawork that are used to recruit workers to cross picket lines, under threat of being blocked from the app and blackballed by hundreds of local employers:
https://pluralistic.net/2023/07/30/computer-says-scab/#instawork
With Cemex, Abruzzo is restoring a century-old labor principle that has been gathering dust for generations: the idea that workers have the right to organize workplace gemocracies without fear of retaliation, harassment, or reprisals.
But as Harold Meyerson writes for The American Prospect, the Cemex ruling has its limits. Even if the NLRB forces and employer to recognize a union, they can't force the employer to bargain in good faith for a union contract. The National Labor Relations Act prohibits the Board from imposing a contract.
That's created a loophole that corrupt bosses have driven entire fleets of trucks through. Workers who attain union recognition face years-long struggles to win a contract, as their bosses walk away from negotiations or offer farcical "bargaining positions" in the expectation that they'll be rejected, prolonging the delay.
Democrats have been trying to fix this loophole since the LBJ years, but they've been repeatedly blocked in the senate. But Abruzzo is a consummate photocopier kicker, and she's taking aim. In Thrive Pet Healthcare, Abruzzo has argued that failing to bargain in good faith for a contract is itself an Unfair Labor Practice. That means the NLRB has the authority to act to correct it – they can't order a contract, but they can order the employer to give workers "wages, benefits, hours, and such that are comparable to those provided by comparable unionized companies in their field."
Mitch McConnell is a piece of shit, but he's no slouch at kicking photocopiers himself. For a whole year, McConnell has blocked senate confirmation hearings to fill a vacant seat on the NLRB. In the short term, this meant that the three Dems on the board were able to hand down these bold rulings without worrying about their GOP colleagues.
But McConnell was playing a long game. Board member Gwynne Wilcox's term is about to expire. If her seat remains vacant, the three remaining board members won't be able to form a quorum, and the NLRB won't be able to do anything.
As Meyerson writes, centrist Dems have refused to push McConnell on this, hoping for comity and not wanting to violate decorum. But Chuck Schumer has finally bestirred himself to fight this issue, and Alaska GOP senator Lisa Murkowski has already broken with her party to move Wilcox's confirmation to a floor vote.
The work of enforcers like DoJ Antitrust Division boss Jonathan Kanter, FTC chair Lina Khan, and SEC chair Gary Gensler is at the heart of Bidenomics: the muscular, fearless deployment of existing regulatory authority to make life better for everyday Americans.
But of course, "existing regulatory authority" isn't the last word. The judges filling stolen seats on the illegitimate Supreme Court had invented the "major questions doctrine" and have used it as a club to attack Biden's photocopier-kickers. There's real danger that Cemex – and other key actions – will get fast-tracked to SCOTUS so the dotards in robes can shatter our dreams for a better America.
Meyerson is cautiously optimistic here. At 40% (!), the Court's approval rating is at a low not seen since the New Deal showdowns. The Supremes don't have an army, they don't have cops, they just have legitimacy. If Americans refuse to acknowledge their decisions, all they can do it sit and stew:
https://pluralistic.net/2023/05/26/mint-the-coin-etc-etc/#blitz-em
The Court knows this. That's why they fume so publicly about attacks on their legitimacy. Without legitimacy, they're nothing. With the Supremes' support at 40% and union support at 70%, any judicial attack on Cemex could trigger term-limits, court-packing, and other doomsday scenarios that will haunt the relatively young judges for decades, as the seats they stole dwindle into irrelevance. Meyerson predicts that this will weigh on them, and may stay their hands.
Meyerson might be wrong, of course. No one ever lost money betting on the self-destructive hubris of Federalist Society judges. But even if he's wrong, his point is important. If the Supremes frustrate the democratic will of the American people, we have to smash the Supremes. Term limits, court-packing, whatever it takes:
https://pluralistic.net/2020/09/20/judicial-equilibria/#pack-the-court
And the more we talk about this – the more we make this consequence explicit – the more it will weigh on them, and the better the chance that they'll surprise us. That's already happening! The Supremes just crushed the Sackler opioid crime-family's dream of keeping their billions in blood-money:
https://pluralistic.net/2023/08/11/justice-delayed/#justice-redeemed
But if it doesn't stop them? If they crush this dream, too? Pack the court. Impose term limits. Make it the issue. Don't apologize, don't shrug it off, don't succumb to learned helplessness. Make it our demand. Make it a litmus test: "If elected, will you vote to pack the court and clear the way for democratic legitimacy?"
Meanwhile, Cemex is already bearing fruit. After an NYC Trader Joe's violated the law to keep Trader Joe's United from organizing a store, the workers there have petitioned to have their union automatically recognized under the Cemex rule:
https://truthout.org/articles/trader-joes-union-files-to-force-company-to-recognize-union-under-new-nlrb-rule/
With the NLRB clearing the regulatory obstacles to union recognition, America's largest unions are awakening from their own long slumbers. For decades, unions have spent a desultory 3% of their budgets on organizing workers into new locals. But a leadership upset in the AFL-CIO has unions ready to catch a wave with the young workers and their 88% approval rating, with a massive planned organizing drive:
https://prospect.org/labor/labors-john-l-lewis-moment/
Meyerson calls on other large unions to follow suit, and the unions seem ready to do so, with new leaders and new militancy at the Teamsters and UAW, and with SEIU members at unionized Starbucks waiting for their first contracts.
Turning union-supporting workers into unionized workers is key to fighting Supreme Court sabotage. Organized labor will give fighters like Abruzzo the political cover she needs to Get Shit Done. A better America is possible. It's within our grasp. Though there is a long way to go, we are winning crucial victories all the time.
The centrist message that everything is fine and change is impossible is designed to demoralize you, to win the fight in your mind so they don't have to win it in the streets and in the jobsite. We don't have to give them that victory. It's ours for the taking.
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If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2023/09/06/goons-ginks-and-company-finks
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lutztychsen21 · 3 days
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Trustees Liability Insurance Did You Know?
AIG presents a spread of specialist products designed to fulfill the wants of core monetary sector actions. AIG is a world main D&O, Cyber, PI and M&A insurer and handles 1000's of claims yearly. Whatever kind of Financial Lines claim shoppers face, we now have in all probability seen one thing similar before so clients and their brokers are in secure experienced hands after they need us most. Our Financial Lines merchandise are designed for private and public businesses and organisations of all sizes from SMEs to Multinationals in all enterprise sectors.. Members elect trustees who might or may not be homeowners to represent them in the body corporate. The trustees, together with the chairman, as representatives of the members of the physique corporate need to do the bidding of the members. Trustees have no powers outside of the STA and the mandates given to them by the members. As a statutory physique performing not only business and regulatory capabilities but also administrative features, it is implied from the STA that trustees should adjust to the constitutional principle of simply administrative motion. A copy of 11 Financial’s current written disclosure assertion discussing 11 Financial’s enterprise operations, providers, and costs is out there on the SEC’s investment adviser public data website – or from 11 Financial upon written request. Trustees should take their duties and responsibilities seriously and prioritize the pursuits of the beneficiaries above their own. Updating the trust instrument when necessary might help guarantee it remains relevant and compliant with applicable laws and laws. Regular critiques can help ensure the trust is managed effectively and efficiently, and might help identify potential points before they turn into important issues. They is also sued or prosecuted for any errors and their penalties in the course of the performance of their duties. We recommend a Community Interest Company or Social Enterprise has D&O insurance in place to guard itself from liabilities ensuing from a breach of duties by a administrators or senior administration. It can be a great way to assist them as people, by overlaying them from personally pay authorized claims made in opposition to them. Those considering administration liability insurance should also think about the size of the coverage they want to take out. Claims can come out of the woodwork years after the occasion in question took place. Whether that’s a breach of environmental law, a case of sexual harassment or a supervisor making a misjudged decision, corporations and their staff remain potentially liable even years after projects have concluded or individuals have retired. Similar to Charitable Trustees Insurance, this sort of policy will provide protection for the individual acting as a trustee ought to their actions or choices be challenged. Trustees and officers of charities and other not-for-profit organisations will typically volunteer for the role, accepting an unpaid place. However they often take on duties similar to those of a company director. If the trustee is accused of failing in these duties, they can be held personally liable. How fiduciary practitioners want depends on how at risk your company is. There’s no exhausting and quick rule for this, however insurers tend to contemplate companies in specific industries as carrying a lower danger.
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huntguerrero55 · 3 days
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Understanding Fiduciary Liability Insurance & Erisa Brp
On high of this, insurers are having to navigate via extra challenges, together with the Biden administration’s initiatives involving cybersecurity and impression investing. A breach of this obligation might be so easy as making an investment determination for the plan that doesn’t work out nicely. There is a wide range of errors, omissions, or negligent actions that an HR division could make in administering benefits. For Employee Benefits Liability Insurance, the types of mistakes covered is dependent upon the that means of “administration.” What types of actions fall under the category of advantages administration? It is crucial for plan sponsors, directors, and trustees to focus on these rules and to take steps to comply with them, together with acquiring fiduciary insurance and in search of indemnification from the plan. For example, if a plan trustee engages in self-dealing and the plan loses money as a result, the trustee could also be personally liable for these losses. And vet your retirement financial savings supplier completely to avoid conflicts of curiosity. By obtaining appropriate protection and following correct risk administration practices, companies and fiduciaries can mitigate potential financial and authorized liabilities, offering peace of thoughts in an ever-evolving panorama of employee benefit plans. Employers who sponsor employee benefit plans, similar to retirement plans or medical insurance packages, should consider acquiring fiduciary liability insurance. Additionally, the scope of protection could be totally different between an ERISA bond and a fiduciary bond. Aon’s claims staff has dealt with over 500 fiduciary liability claims in the last five years, together with those involving extreme fees, employer stock drop and improper employee inventory possession plan valuation allegations. Employee advantages are the various offerings and packages offered by employers to their employees, such as retirement plans or medical well being insurance. Carefully evaluate the phrases and situations of the fiduciary liability insurance policy, paying shut consideration to coverage limits, exclusions, and any additional endorsements available. Breaches of fiduciary obligation can result in legal challenges, together with class-action lawsuits, introduced by plan participants, beneficiaries, or authorities companies. Fiduciaries are liable for the right administration of worker profit plans. For giant firms with access to substantial monetary assets and professional advisors, buying standalone insurance policies to guard towards the myriad of risks is simple and fairly common. But for smaller companies, investing in a massive number of individual policies could additionally be financially difficult, and albeit, pointless. Our claims authority, supported by a powerful bench of legal professionals with unparalleled authorized and claims experience within our outlined area of interest, and a service with a strong history of paying claims pretty and responsively, also set us aside in the trade. fiduciary practitioners have legal and fiduciary expertise with the authority to behave to resolve complex claims. With danger specialists and claims professionals operating in fifty four international locations around the world, we provide the service you need and might help you get back up and operating just about wherever you might be. In my opinion, it is sensible to include this when you have a company benefit plan. If the plan administrator miscalculates, mishandles, or practices improper plan care, staff will blame all parties involved, together with their employer. Fiduciary liability insurance is optionally available, not like an ERISA Fiduciary Bond, which is required by regulation. This coverage protects companies from authorized liability because it pertains to worker benefits plan sponsorship. Without fiduciary liability insurance, the fiduciaries liable for managing worker benefit plans could additionally be liable for any financial losses ensuing from claims of mismanagement.
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garnerbuur43 · 4 days
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What's Trustee Indemnity Insurance?
(b)has impact regardless of any provision prohibiting the charity trustees or trustees for the charity receiving any personal profit out of the funds of the charity. Our trusted supplier Zurich Insurance can present many various sorts of insurance cover, and provide threat management support. The threat administration process entails identifying, registering and assessing threat, contingency planning and developing a strong business plan, buying acceptable charity insurance and frequently reviewing risk at board degree. You can read a sequence of danger guides by Zurich Insurance or NCVO’s managing risk page. Following publication of an article, the charity trustees had been sued for defamation by another charity with related objectives. fiduciary practitioners stated that certain statements made within the article were unfaithful and gave a false illustration of the charity. The scope of trustees’ private liability in circumstances during which a charity is deemed to be insolvent hinge (once again) on the charity’s company status. The consequences of a cyber security breach for a pension scheme and its members could possibly be vital. Pension trustees should familiarise themselves with the regulators steering and guarantee they meet the regulators expectations. By Mike Addison Recently, the question of fidelity cover has arisen on the STO website and others. Here follows kind of what our pondering is by means of insuring the physique company I terms of PMR 29(2)(b). In a nutshell, trustees are supposed to see to it that the physique corporate has constancy cover, a sum, if any, to be decided by the body company at a common meeting. In different words, it should be determined at an AGM how much cover is needed for Fidelity. This important FAIS laws, coupled with the clear requirements of the CSOS and STSM Acts, rules and prescribed rules, places the burden of duty on the monetary advisor and trustees. The penalties might be devastating to you and people who rely upon the work your organisation carries out.Specialist charity insurance helps be certain that your volunteers, fundraisers, supporters and the general public are properly protected. As to the price for trustee liability insurance, our minimum premium is round $5,000, and that's just for the smallest of trusts. Usually, a $1 million limit carries a $10,000 retention, and pricing falls between $7,000 and $10,000. When the property go as high as $75 million to $100 million, premiums may rise above $10,000. However, regardless of the asset levels are, if a grantor creates a number of trusts, say for kids and grandchildren, and appoints only one trustee, a single policy will suffice. The Scouts’ Trustees Indemnity policy covers the non-public liability of Scout trustees who, having acted responsibly and honestly, discover themselves being held to account for their group’s losses. Our specialist team of underwriters are available to talk through any particular dangers or questions you would possibly have. Thanks to more and more high requirements of wiring and installation, electrical systems are actually typically safer than ever. However, the use of electricity in church buildings nonetheless has the potential to cause appreciable damage to property and critical personal damage. So having trustee insurance in place is a straightforward method to make sure your trustees are both financially protected and given the assist and steerage they need to be able to take care of the fallout from a reputational crisis. The greatest form of trustee insurance is one which is tailored to an individual’s particular capability as a trustee and has been designed for them to protect themselves from liabilities. One thing trusts all have in common, is that trustees may be held legally accountable for any selections that they make and for any services provided. Where the sponsoring employer is required to indemnify a trustee or worker, the Policy reimburses the employer for the indemnity, thus providing useful balance sheet safety. Trustee indemnity insurance can present cowl for the legal bills and the damages awarded to the sufferer. To cowl a broad range of non-profit risks, from animal shelters to charitable trusts. To provide charity and not-for-profit fundraisers with a further revenue stream for his or her organisations. Trustee indemnity policies can present cover, but it isn't all the time automated. Cover is unlikely to be granted the place one trustee makes a clam towards another. Trustee indemnity Insurance is unlikely to cover losses suffered by the charity itself. ‍The world during which professionals function is certainly one of ever-increasing strain and regulatory necessities, with calls for for fast solutions and cost-effective options. This pressure can result in errors and omissions by the professional which might and do give rise to claims. In a society the place shoppers are increasingly aware of their rights, the necessity for PI insurance is further underscored.‍Circumstances which give rise to professional liability claims are seldom clear cut. Even in instances where the professional is blameless, he or she might however be drawn into lengthy disputes which could be each financially and emotionally draining. In brief, even with a extremely professional trustee, error or omission lawsuits can and do happen. What trustee liability insurance does is shield the trustee, and anybody who assisted the trustee, within the event of litigation. We're here to be sure to have the best pension trustee liability insurance in place to guard you. At get indemnity™ pension trustee liability insurance starts at £750 per million of canopy. Below we clarify how pension trustee liability works and how it can protect in opposition to particular liabilities. Trustees, administrators, officers, committee members and governors of such bodies can all be held liable for the decisions and actions made on behalf of their organisation. They may be sued or prosecuted for any mistakes and their consequences through the efficiency of their duties. Even if your title or job description doesn't contain the word trustee, know that you could be nonetheless be thought-about one based mostly in your duties and actions. Before changing into a trustee, you should study all you possibly can in regards to the charity and what is to be anticipated of you. This includes studying the governing doc, annual reports, insurance policies and accounts and knowing what type of legal construction the charity is.
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howtocreateblogs · 7 days
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I posted this article to my blog today.
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ramtracking · 8 days
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Advisers on Trillions in IRAs Must Now Put Your Interest First [ Employee Benefits Security Adm ]
Advisers on Trillions in IRAs Must Now Put Your Interest First [News Summary] Americans will get new protections for the trillions of dollars that moved out of their 401(k)s and into individual retirement accounts,… The Biden administration issued a final “fiduciary” rule that aims to rein in conflicts of interest that officials say erode Americans’… More investment professionals will be…
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korsholmthorup75 · 22 days
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Bitcoin IRA Surpasses 100,000 Customers As Bitcoin Crosses The $50,000 Mark
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Making the choice to invest in a silver or gold secured IRA is a possibility to think about if looking for a way to avoid wasting for retirement. It can be anything from a couple of hundred dollars to several thousand dollars. As defined above, proudly owning wholesale bullion in a market-accredited vault is the safer, cheaper and easier solution to own gold, silver, platinum and palladium. Scottsdale Bullion & Coin will provide imperative recommendation on which products are eligible for funding. For SDIRA, the same funding and contribution rules apply to all IRAs. Listed here are a few of the top gold IRA companies that can assist with a 401(okay) to gold rollover- and a few details about every.
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We now have Ranked 20 Well-known Gold IRAs AndAfter Careful Consideration, We Discovered The highest 11 Options In 2022. We Interviewed Prospects Within the Marketplace, Reviewed Government Information, And Consulted With Specialists To come To Our Conclusions. They don't have a wage that raises with the elevate of inflation. If you still need to hold bodily gold in an IRA, this very first step is open to self-IRA (SDIRA) â? Sure, you may withdraw money from an E-Trade Roth IRA at any time. Despite his loss within the Shankill bombing, he mentioned Martin McGuinness was pivotal to peace. It's the very best weight loss plan to tackle all the abdominal cramps and harmful diarrhea. Retirement plans: A retirement plan distribution paid to you is subject to necessary withholding of 20%, even if you intend to roll it over later.
Once your account is arrange with considered one of them, discuss to the Administrator to allocate a part of your funds into platinum or different precious metals of your selecting. With a gold investment firm, you've choices. 1: Select a Custodian / Trustee to simply accept the Switch. You need a fiduciary because IRS guidelines require the silver or bullion to be owned by a fiduciary. Those who invest in gold IRAs can make sure that their investment will never see losses because of gold’s repute as the single most stable exhausting asset on this planet. They're proud members of the better Enterprise Bureau and the American Numismatic Affiliation, boasting an impressive customer support report nicely-regarded amongst their peers. Augusta Treasured Metals is one of the top Gold IRA distributors, and their clients have given them glowing opinions on sites corresponding to TrustLink, Better Business Bureau, and Fb. Regardless that the face value given to the coin is nominal in nature, it inspires confidence amongst consumers. Confirm with the seller and your custodian that the items have arrived and always remember to ask for a receipt to maintain a private record. As an alternative, people minimize out the middle individual and handle their belongings independently without the chance of different parties filing insolvencies.
Listed below are some regularly asked question and a guide step-by-step information to assist you thru the strategy of acquiring gold and silver together with your IRA or different retirement accounts. BCA is an organization engaged in maintaining trust in enterprise and resolving disputes between businesses and customers. 1. Danny, an unmarried school student earned $3,500 in 2020. Danny can contribute $3,500, the quantity of his compensation, to his IRA for 2020. Danny's grandmother could make the contribution on his behalf. Whereas some auctions solely carry cars which can be deemed repairable, most auctions can have salvage automobiles of each level of damage. Buying bodily coins can depart you vulnerable to theft, fraud, or injury. If this is the case, it’s simply a matter of working with a Gold IRA Specialist and filling a couple of varieties to get began - and turning these tax deductions into a shining asset that can even assist protect the rest of your retirement account. A typical bid-ask unfold for an ounce of IRA Authorised Silver Coins should not be greater than around 10% when buying and instantly selling 5 figures or extra of competitively priced Silver IRA accepted coins. The division responsible for establishing the principles on using treasured metals in IRAs is the IRS (Internal Income Service). Observe that from January 1, 2015, the IRS modified rollover guidelines to solely permit a single rollover from one IRA to a different IRA in any 12-month interval, whatever the variety of IRAs you own. www.goldira1.com ought to be aware that certain forms of valuable metals coinage usually are not permitted in an IRA.
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dpdp-consultants · 1 month
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Ultimate Guide On DPDPA Audit For Significant Data Fiduciaries
Imagine a company handling personal data fails to comply with DPDPA rules due to its lack of transparent consent processes. So, unfortunately, they become exposed to legal consequences due to non-compliance and may even have to bear hefty fines of up to INR 250 Crores. 
As an organisation, you want to steer clear of any non-compliance issue and an audit can be a lifesaver. It identifies and rectifies such vulnerabilities and protects the company's reputation and customer trust. 
To put it simply, an audit is a proactive step to maintain data privacy, identify gaps, mitigate legal risks, and enhance your overall business integrity. 
Ahead, we bring you everything you must know about DPDPA audits and significant data fiduciaries so you are on the safe side.
What Is The DPDPA Framework?
The DPDP Act 2023 brings us a comprehensive data protection law that's set to protect and safeguard personal data. It has far-reaching implications for businesses operating in the country.
DPDPA places various responsibilities on organisations that handle personal data to protect individuals' privacy and ensure responsible data management practices. This includes: 
Getting free, specific, informed, unconditional, and unambiguous consent from individuals before collecting their personal data
Executing robust security safeguards to protect personal data from unauthorized access, accidental disclosure, acquisition, etc.
Granting individuals access to their data, as well as the right to correct, erase, or restrict its processing
In the unfortunate event of a data breach, organisations are obligated to notify the relevant authorities
It's also important to note that non-compliance with the DPDPA can result in penalties up to 250 cr.
Who Are Significant Data Fiduciaries?
According to the DPDP Act, the government has the authority to designate certain Data Fiduciaries or classes of Data Fiduciaries as Significant Data Fiduciaries (SDF). This decision is based on several factors, including: 
The volume and sensitivity of personal data processed
Risk to the rights of the Data Principal
Potential impact on the sovereignty and integrity of India
Risk to electoral democracy
Security of the State
Public order. 
Additional Duties of Significant Data Fiduciaries 
A Significant Data Fiduciary has additional responsibilities on top of Data Fiduciary duties. This includes: 
SDFs should appoint a Data Protection Officer (DPO). The DPO will represent the Significant Data Fiduciary under the provisions of DPDPA. However, they must be based in India. The DPO must also report to the Board of Directors or a similar governing body and be the point of contact for grievance redressal.
Significant Data Fiduciaries need to appoint an independent data auditor. The auditor evaluates the entity's compliance with the law.
Significant Data Fiduciaries are required to undertake the following:
Periodic Data Protection Impact Assessment (DPIA), which evaluates how personal data is processed, risks to individuals' rights, and other relevant details
Periodic audits to ensure ongoing compliance
Adoption of additional measures as prescribed by law
Why Periodic DPDPA Audits Are Necessary?
A DPDPA audit falls under the additional responsibilities of a Significant Data Fiduciary. However, they can be incredibly beneficial, and here’s why you need them. 
Regular DPDPA audits help you protect individuals' privacy in compliance with the law. 
It helps identify potential risks and vulnerabilities in data-handling processes 
It lets you take proactive measures to mitigate risks before they become serious issues, such as hefty fines of up to 250 Cr
It helps you assess the effectiveness of existing security measures and identify areas for improvement to enhance overall data security. This, in turn, improves customer trust and brand image. 
It highlights any gaps or deficiencies in the organisation's data protection practices and offers insights into areas that may require additional attention or resources to prevent data breaches. 
DPDPA audits allow you to adapt to evolving threats and regulatory changes
Who Needs Regular DPDPA Audits? 
It's quite simple. Audits are essential for all types of organisations and industries that handle personal data or have regulatory compliance requirements. However, as per the Digital Personal Data Protection Act, it's a mandate for Significant Data Fiduciaries, as discussed above.
This can include schools, colleges, and universities that handle student and staff information or healthcare providers who handle patients' medical records and sensitive health information. Regular audits ensure compliance, identify and address vulnerabilities, and maintain the security and integrity of the data they handle.
DPIAs and Audits: The Right Tool 
Significant Data Fiduciaries are required to conduct DPIAs and regular audits. But this has to be done diligently. So, there is a need to automate the process to ensure all bases are covered while maximizing time and efficiency. These tools minimize human bias and produce a standardized report that streamlines the process. 
That said, when it comes to DPIAs, you can switch to a Data Protection Impact Assessment Tool. It automates the entire DPIA process and lets you conduct the assessment almost effortlessly through a user-friendly platform.
With this tool, you can track risks that were identified during the assessment and make sure all concerned individuals are kept in the loop regarding the actions taken to mitigate these risks. 
Conclusion
As per the DPDP Act, there are certain obligations you must adhere to when it comes to personal data. And, regular DPDPA audits and DPIAs are one of the duties of a Significant Data Fiduciary. DPIAs and audits help identify and rectify any potential breaches and ensure the lawful and secure processing of personal data.
They are almost indispensable for maintaining trust, avoiding penalties, and upholding a commitment to responsible data handling.
DPDP Consultants brings you a set of tools and services that makes compliance with the DPDP Act easy and streamlined:
Our Data Protection Consent Management tool streamlines the acquisition of valid consent and automates the entire process of managing, tracking, and handling consent requests
The Data Principal Grievance Redressal platform streamlines the process of exercising data rights through a user-friendly interface and improves response efficiency in accordance with the DPDP Act
Our Data Protection Impact Assessment  tool aids in the easy assessment and tracking of risks and ensures transparent communication about risk mitigation efforts
Our Data Protection Awareness program allows management to oversee the ongoing and efficient execution of their personal data privacy initiatives
Our Contract Reviews and redrafting services ensure that your business's outsourcing agreements align with DPDPA compliance standards
Through our DPDP Data Protection Officer services, organisations can appoint a third party for process audits so it aligns seamlessly with DPDPA requirements
Our training program for employees caters to organisation-specific needs emphasizes the practical aspects of DPDPA compliance and covers personal data policies, processing activities, and more.
Simplify DPDPA Compliance And Optimise Your Operations!
DPDP Consultants offers comprehensive solutions for personal data privacy and privacy law guidance to ensure compliance.
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