Congress Seeks Amendments to State and Federal Securities Laws

Commentary by Mark J. Astarita, September 29, 1995
While it is often said that the securities industry is the most heavily regulated industry in the country, with brokers and their firms often being forced to comply with regulations from 51 different regulatory agencies, that may be changing in the near future.

Congress is considering a wide variety of new bills and proposals which, if passed, will dramatically affect the securities industry. For example, the series of proposals to drastically modify the law as same relate to class action lawsuits.

Another proposal has a more direct benefit to stockbrokers - a proposal to remove State securities laws. Under the proposal, state regulators would only be able to enforce federal securities laws and require companies and firms to register and pay fees. For brokers, this means that state regulators would not be able to deny or hold up registrations once the NASD has given approval, a boon for brokers whose licenses can be held up in individual states for months.

The downside of the bill is the removal of state regulation, and the ability of the states to control the activities of stock brokers within their own boundaries. In these days of supposed decreasing of federal regulations, it seems odd for there to be a push in the opposite direction, concentrating more power in the federal government. However, the myraid of regulations affecting the securities industry must be addressed, and having 51 different, and overlapping regulations is certainly not an effective method of dealing with regulation of any industry.

Those who are interested can keep track of the status of these, and other bills affecting the securities industry, at the Thomas web site, or simply follow this link


Copyright 1995 by Mark J. Astarita, Esq. All rights reserved. Reproduction is permitted so long as no charge is made for copies, no copies are placed on any electronic online service or database for which there is a fee other than a flat access charge, there is no alteration and this copyright notice is included. This Web Site is a result of the efforts of Mr. Astarita, and is his responsibility. Beam & Astarita, LLC does not have any input into the content of this site, nor any responsibility for the information contained herein. The information contained in this document is not intended as legal or financial advice. Legal counsel should be consulted prior to reliance upon the legal information contained herein.

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