An unwelcome development in the post-Enron era is the
way regulators are feeling their oats. That means new rules:
As most of you may know, securities professionals have their personal trading closely supervised. The intent is to prevent securities professionals from trading on inside information or "front-running" trades done for clients. The latter is avoided by restricting securities for a period after they are purchased for client accounts or funds. Employers maintain lists of securities that representatives cannot buy or sell, and pre-approve (it used to be monitor) trades. This is all well and good.
Here's one of the new bright ideas: Now you can't buy a security for seven days
before it is purchased or sold for client accounts. Which begs the question, how do you know a security is
going to be purchased or sold a week from now? Purchases are sometimes premeditated for weeks, although managers tend to buy a small subset of purchase candidates. The decision to sell can happen immediately on an earnings announcement or change in the investment thesis.
Here's another: All associated persons, meaning the family of the employee or anybody living with her, must also have their trades pre-approved. The firm can be fined if it does not prevent its employees spouse or live-in family member from trading restricted securities (or following other trading rules).
Of course the immense practical problems of implementing such rules should not be an obstacle to such overreaching. And compliance monitoring must, of course, be fully automated. Everybody overhaul your systems budget. Well, at least the good times are rolling in the stock market...oops, you mean they aren't?.