With the presidential election nearing, Gary’s Gensler’s time as SEC Chairman could be ending in the coming months regardless of the winning candidate. FrontLine Compliance Founder and President Amy Lynch was recently interviewed by Financial Planning magazine for her take on Gensler’s performance as head of the SEC. With the lead comments in the story, she discusses wins and loses for the SEC Chair and how industry backlash effectively stalled parts of his ambitious rulemaking agenda. Gensler’s biggest and perhaps most lasting impact, according to Ms. Lynch, may be his administration’s enforcement of the SEC’s new Marketing Rule. She points to the steady increase in enforcement cases under his leadership and how the enactment of the rule represented the first time the Investment Advisers Act of 1940 was significantly changed. Falling short for Gensler includes a stalled rule seeking controls on firms use AI and predictive analytics and the overturning of the new private fund rules, both meeting stiff resistance from the industry. Ms. Lynch sees two rules under consideration that could end up as wins for Gensler, but close to his finish line – proposed changes to firms’ custody requirements and a new cybersecurity rule that appears to be a “no-brainer” for the asset management space based on its expectations. See Financial Planning (limited guest subscription), “Triumphs and unfinished business: SEC Chair Gary Gensler’s first three years”
Founder and President Amy Lynch on the ups and downs of Gary Gensler’s SEC tenure (FinancialPlanning)
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