Compliance
Trump Widens Access To Private Markets, Takes Aim At "Debanking"

The White House has addressed two areas: widening access to private markets, and the controversy over alleged mistreatment of bank clients on political and religious grounds.
President Donald Trump has signed executive orders that are
designed to change banking and wealth management, including
widening access among mass-market retirement investors to private
markets.
The administration is acting – as
trailed here in recent days – to allow holders of 401(k)
retirement plans to hold assets such as private equity and
credit. These assets are typically less liquid than stocks or
government bonds but have boomed in response to a decade-plus of
ultra-low interest rates and a shift away from listed markets by
companies.
A second order from the administration takes aim at alleged
political and religious “debanking” of clients.
“Many wealthy Americans, and government workers who participate
in public pension plans, can invest in, or are the beneficiaries
of investment in, a number of alternative assets. Yet, while more
than 90 million Americans participate in employer-sponsored
defined-contribution plans, the vast majority of these investors
do not have the opportunity to participate, either directly or
through their retirement plans, in the potential growth and
diversification opportunities associated with alternative asset
investments,” Trump’s executive order said.
“Fiduciaries of 401(k) and other defined-contribution retirement
plans must carefully vet and consider all aspects of private
offerings, including investment managers’ capabilities,
experiences, and effectiveness managing alternative asset
investments. They do so to protect the Americans whose
retirement accounts they administer and for whom they have
fiduciary duties to invest safely and prudently,” it
said.
Trump’s move chimes with a more general attempt across the wealth
management sector to “democratize” investor access to such assets
– a trend
not without controversy. Congressional lawmakers in June
recast the Accredited Investor Rule as part of the
process.
Elsewhere in the statement yesterday, Trump said: A combination
of regulatory overreach and encouragement of lawsuits filed by
opportunistic trial lawyers has stifled investment innovation and
largely relegated 401(k) and other defined-contribution
retirement plan participants to asset classes whose returns lack
the very same long-term net benefits allowed for and achieved by
public pension plans and other institutional investors.
“My Administration will relieve the regulatory burdens and
litigation risk that impede American workers’ retirement accounts
from achieving the competitive returns and asset diversification
necessary to secure a dignified, comfortable retirement.
“One order seeks to make it easier for everyday Americans to
invest their retirement savings in assets that lie outside public
markets, such as private equity, cryptocurrency and private real
estate,” he said.
The order said the move fulfilled a “long-sought goal of Wall
Street hedge funds and private-equity firms” that had wanted to
“tap in to the giant pool of money in 401(k) and other
defined-contribution plans.”
In a second order, the Trump administration has directed
regulators to see if banks discriminate on political or religious
grounds against clients and punish those firms that do so. It
speaks to controversies – on both sides of the Atlantic – about
alleged political “debanking” of clients.
"Financial institutions have engaged in unacceptable practices to
restrict law-abiding individuals’ and businesses’ access to
financial services on the basis of political or religious beliefs
or lawful business activities. Some financial institutions
participated in Government-directed surveillance programs
targeting persons participating in activities and causes commonly
associated with conservatism and the political right following
the events that occurred at or near the United States Capitol on
January 6, 2021. The Federal Government suggested that such
institutions flag individuals who made transactions related to
companies like 'Cabela’s' and 'Bass Pro Shop' or who
made peer-to-peer payments that involved terms like
'Trump' or 'MAGA,' even though there was no specific
evidence tying those individuals to criminal conduct.
In other changes to rules affecting financial services, the US
Treasury has
postponed introducing its new anti-money laundering and
counter-terrorism financing regulations by two years until
January 1, 2028. The government said it wants to “ensure
efficient regulation that appropriately balances costs and
benefits.”
(Editor's note: These moves are bound to stir debate, and we welcome comments. Please email tom.burroughes@wealthbriefing.com)