Michigan 2023-2024 Regular Session

Michigan House Bill HB4197

Introduced
3/7/23  
Refer
3/7/23  
Report Pass
5/30/23  
Engrossed
6/8/23  
Refer
6/13/23  
Report Pass
11/9/23  
Refer
11/9/23  
Report Pass
11/9/23  
Enrolled
11/9/23  
Chaptered
12/31/23  

Caption

Occupations: securities; notification and temporary hold on certain account disbursements for the protection of certain adults by broker-dealers and investment advisors; allow. Amends title of 2008 PA 551 (MCL 451.2101 - 451.2703) & adds art. 5A.

Impact

The introduction of this bill is expected to have significant implications for state laws, as it creates a framework for broker-dealers and investment advisers to act on suspicions of financial exploitation without the fear of liability, thus promoting a more responsible and vigilant approach in protecting vulnerable adults. It specifically lays out the processes for reporting suspected exploitation, as well as the obligations and rights of involved parties, including notifications to both victims and relevant agencies, which could enhance the overall effectiveness of financial oversight.

Summary

House Bill 4197 focuses on enhancing the protections for vulnerable adults from financial exploitation through measures that allow broker-dealers and investment advisers to take proactive steps in suspecting cases of financial abuse. The bill amends the existing Uniform Securities Act of 2002, by introducing new provisions to enable financial professionals to temporarily delay transactions or disbursements they suspect might result in exploitation. This ensures that any potential abuse can be further investigated by relevant authorities such as law enforcement or adult protective services.

Sentiment

The sentiment surrounding HB 4197 appears to be generally positive, particularly among advocates for vulnerable adult populations, as it aims to increase protective measures against financial exploitation. Legislators supporting the bill argue that it enables financial professionals to play a crucial role in safeguarding the interests of their clients, thus bolstering confidence within the financial sector. However, some concerns may arise about the enforcement of the provisions and the potential for misuse of the delaying powers by financial professionals.

Contention

Key points of contention regarding the bill may focus on the balance between protecting clients and ensuring that the measures implemented do not hinder legitimate financial transactions. Some stakeholders may argue against the implications of increased scrutiny and reporting requirements for broker-dealers and investment advisers. The legislation also raises questions about the potential for false reporting and the appropriate thresholds for suspicion that would merit a delay in transactions without infringing on the rights of customers.

Companion Bills

No companion bills found.

Previously Filed As

MI HB4994

Businesses: securities; certain fees under the uniform securities act (2002); modify. Amends sec. 410 of 2008 PA 551 (MCL 451.2410).

MI SB84

"Georgia Uniform Securities Act of 2008"; financial protections for elder and disabled adults who may be victims of financial exploitation; provide

MI HB3294

Enacting the Bank Protections for Eligible Adults from Financial Exploitation Act

MI SB00474

An Act Protecting Elderly Adults From Financial Exploitation.

MI SB848

Enacting bank protections for eligible adults from financial exploitation

MI SB0888

Consumer protection: identity theft; identity theft protection act; modify. Amends secs. 3, 12 & 12b of 2004 PA 452 (MCL 445.63 et seq.); adds secs. 11a, 11b, 20, 20a, 20b & 20c & repeals secs. 15 & 17 of 2004 PA 452 (MCL 445.75 & 445.77).

MI SB0360

Consumer protection: identity theft; identity theft protection act; modify. Amends ses. 3, 12 & 12b of 2004 PA 452 (MCL 445.63 et seq.); adds secs. 11a, 11b, 20, 20a, 20b & 20c & repeals secs. 15 & 17 of 2004 PA 452 (MCL 445.75 & 445.77).

MI HB05114

An Act Applying The Provisions Of The Connecticut Uniform Securities Act To The Requirement That Broker-dealers Comply With The Currency And Foreign Transactions Reporting Act.

MI SB1094

Relating To Securities.

MI HB2622

To amend the Investment Advisers Act of 1940 to codify certain Securities and Exchange Commission no-action letters that exclude brokers and dealers compensated for certain research services from the definition of investment adviser, and for other purposes.

Similar Bills

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NJ A5719

Broadens scope of information sharing and civil immunity therefor, related to insurance fraud.

NJ S4225

Broadens scope of information sharing and civil immunity therefor, related to insurance fraud.

CA SB1220

Peace and custodial officers.

MS HB798

Reports of suspected abuse; require persons who make to give their name and contact information under certain circumstances.

UT SB0318

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