A Quick Guide to Securities Law
π 2026 Update: Key Changes in Securities Law
Since the original article was published, several important changes have taken place in securities law that impact businesses and finance. These developments include new regulations, court rulings, and updates to compliance requirements. The details from the earlier article continue further down this page.
π π¦ Open Banking Rule Finalization
On October 22, 2024, the Consumer Financial Protection Bureau (CFPB) finalized the Open Banking Rule. This rule requires financial institutions to allow consumers and authorized third parties access to their financial information. However, as of October 2026, this rule has been enjoined and is under reconsideration, leaving compliance costs and requirements uncertain.
π π Investment Advisers and AML Programs
A significant update came on August 28, 2024, when the Financial Crimes Enforcement Network (FinCEN) issued a rule requiring certain investment advisers to implement anti-money laundering (AML) and countering the financing of terrorism (CFT) programs. This requirement went into effect on January 1, 2026. The costs to establish these programs will vary based on the size and complexity of the advisory firm.
ποΈ π Corporate Transparency Act Developments
On January 15, 2026, the Eleventh Circuit Court of Appeals declared the Corporate Transparency Act (CTA) constitutional. This decision reinforces the requirement for non-exempt U.S. entities and foreign entities registered in the U.S. to report beneficial ownership information. These reports must be submitted to a confidential database maintained by FinCEN.
π π« FTC Noncompete Rule Status
The Federal Trade Commission's rule against most worker noncompetes was struck down on February 12, 2026. This ruling aligns with previous court decisions, impacting how businesses can manage employee agreements and potentially affecting employee mobility and job opportunities.
π π Basel III Capital Requirements Re-Proposal
In March 2026, federal regulators proposed new capital requirements under the Basel III Endgame initiative. These proposals aim to change how banks of all sizes determine their financial reserves against losses. This shift could have significant implications for banking practices and securities law.
π Key Points to Remember
- The Open Banking Rule is under reconsideration, affecting compliance costs.
- Investment advisers must set up AML and CFT programs by January 1, 2026.
- The Corporate Transparency Act reporting requirements are now upheld as constitutional.
- The FTC's noncompete rule has been removed, affecting employee agreements.
- New Basel III capital proposals may reshape bank financial requirements.
π‘ Tips for Navigating Securities Law
Reviewing your situation with an attorney is essential to understand how these changes impact you.
π Understand Open Banking Implications
Stay informed about the Open Banking Rule and its uncertain status. As compliance costs are currently unpredictable, businesses should prepare for potential changes in how financial data can be accessed and shared.
π Prepare for AML Program Implementation
Investment advisers need to be ready for the January 1, 2026 deadline to implement AML and CFT programs. This involves assessing the firmβs current practices and determining what resources will be necessary to comply.
ποΈ Keep Up with Corporate Transparency Reporting
Non-exempt U.S. entities must be aware of the Corporate Transparency Act requirements. Ensure that beneficial ownership reports are submitted accurately and on time to avoid penalties.
π« Review Employee Agreements
With the FTC's noncompete rule being struck down, businesses should review employee agreements. This can help in understanding how to best manage employee mobility and protect sensitive information.
π Monitor Basel III Changes
Stay informed about the new Basel III capital proposals. Understanding these changes will be crucial for banks and financial institutions to ensure compliance and stability in financial planning.
π Services Ranked by User Reviews (2026)
This section highlights services relevant to businesses navigating securities law and finance. The rankings are based on Trustpilot data as of October 2026. Itβs important to remember that star ratings reflect user experiences, and unhappy customers tend to leave more reviews.
π₯ 1. Amur Equipment Finance
Amur Equipment Finance has been rated 4.4 on Trustpilot. It is known as an independent equipment finance provider, catering primarily to equipment-intensive industries. However, it primarily serves the U.S. market, which may limit its reach for businesses looking for international options.
π₯ 2. Wamo
Wamo holds a Trustpilot score of 4.5. This service offers digital banking solutions for small businesses, including multi-currency accounts and payment solutions. While it provides useful tools for financial management, its primary focus is on European markets, which may not suit all U.S. businesses.
π Government and Nonprofit Assistance
Businesses can access resources from the Consumer Financial Protection Bureau and the Financial Crimes Enforcement Network. These organizations provide guidance on financial regulations, including the Open Banking Rule and AML compliance.
π What to Compare When Choosing Services
- π Service reputation based on user reviews
- π Geographic service limitations
- πΌ Specialization in business finance
- π° Fees and costs associated with services
- π Availability of resources and support for compliance
β Frequently Asked Questions
β What is the Open Banking Rule?
The Open Banking Rule allows consumers and authorized third parties access to their financial information. However, its current status is uncertain due to ongoing reconsideration.
π€ How do I comply with the Corporate Transparency Act?
Entities must submit beneficial ownership reports to FinCEN's confidential database. This requirement is effective for non-exempt U.S. entities and foreign entities doing business in the U.S.
π What are the costs associated with AML programs?
Costs for implementing anti-money laundering programs vary based on the size and complexity of the investment adviser firm. Firms should assess their resources to meet compliance requirements.
π What is the deadline for implementing AML programs?
Investment advisers must have AML and CFT programs in place by January 1, 2026. This is crucial for compliance with FinCEN's final rule.
π What changed with the FTC's noncompete rule?
The FTC's rule against most worker noncompetes was struck down on February 12, 2026. This decision affects how businesses can manage employee agreements and competition.
π How might Basel III changes affect banks?
New Basel III capital proposals aim to reshape how banks calculate their financial cushion against losses. This could impact lending practices and financial stability for banks.
βοΈ Recent Cases Impacting Securities Law
Several recent court rulings have implications for securities law, particularly concerning the Corporate Transparency Act and noncompete agreements.
- Ohio Supreme Court denies writ in data center development caseOhio Supreme Court Β· October 20, 2026
- Texas Court denies New Century Financial's mandamus petitionTexas Court of Appeals, 4th District (San Antonio) Β· October 14, 2026
- Court rules on Galvasid's dumping margin in trade caseUnited States Court of International Trade Β· October 19, 2026
- Illinois court rules against sales rep in commission disputeAppellate Court of Illinois Β· October 19, 2026
For further information, please browse more rulings on the news page.
End of October 2026 Update
Securities laws are those laws which govern financial institutions. For example, securities laws may make determinations about how banks must properly handle the granting of loans.
Securities laws may, for example, prohibit the granting of loans to individuals that are clearly unable to pay them back. In addition, securities laws would include punishments for those that are guilty of securing a loan using fraudulent practices.
For instance, securities laws may allow for jail time for those individuals who secure a loan using false documentation. The laws would likely allow for jail time, as well as restitution for the loans which were obtained illegally.
Securities laws are in place to protect financial institutions, consumers and the economy. These laws prevent an abuse of financial institutions in an effort to obtain money illegally.