David Rice, a dual - licensed (investment advisor and broker), however, greeted the initial news of the DOL
fiduciary rule delay gladly, because he opposes the rule.
At IAA compliance conference, the DOL
fiduciary rule delay, the SEC and the Financial Choice Act take center stage.
With the OMB's approval of the Labor Department's 18 - month
fiduciary rule delay having most assuredly kicked in (approval was anticipated within a week or two at press time in early November), should advisors put the brakes on compliance?
Meanwhile, final publication of an 18 - month
fiduciary rule delay is expected soon in the Federal Register.
Sen. Elizabeth Warren is using feedback from big financial firms in an effort to thwart a DOL
fiduciary rule delay.
Not exact matches
Earlier this month, Rep. Joe Wilson (R, S.C.) introduced a bill to
delay the implementation of the
fiduciary rule, one that would likely get a sympathetic hearing from laissez faire GOP congressional leaders.
The U.S. Labor Department will implement its
fiduciary rule on June 9 with no further
delays, U.S. Labor Secretary Alexander Acosta said on Tuesday.
Moreover, if the final
rule's 60 - day delay were not immediately effective, significant provisions of the Rule and PTEs could become applicable on April 10 before the delay takes effect, resulting in a period in which the Rule, fiduciary obligations, and notice and disclosure requirements would become applicable before becoming inapplicable ag
rule's 60 - day
delay were not immediately effective, significant provisions of the
Rule and PTEs could become applicable on April 10 before the delay takes effect, resulting in a period in which the Rule, fiduciary obligations, and notice and disclosure requirements would become applicable before becoming inapplicable ag
Rule and PTEs could become applicable on April 10 before the
delay takes effect, resulting in a period in which the
Rule, fiduciary obligations, and notice and disclosure requirements would become applicable before becoming inapplicable ag
Rule,
fiduciary obligations, and notice and disclosure requirements would become applicable before becoming inapplicable again.
The Department also considered the possible impact of a 90 - day or longer
delay in the application of the
fiduciary standards and all conditions set forth in the Fiduciary Rule
fiduciary standards and all conditions set forth in the
Fiduciary Rule
Fiduciary Rule and PTEs.
Will lawsuits
delay implementation of DOL's
fiduciary rule to address conflicts of interest in retirement advice?
Many supporters of
delay also argued that the President's Memorandum has rendered the ultimate fate of the
Fiduciary Rule and PTEs uncertain and that proceeding with the April 10, 2017 applicability date in the face of this uncertainty would impose unnecessary costs and burdens on the financial services industry and result in unnecessary confusion to investors inasmuch as products, services, and advisory practices could change after completion of the examination.
Another theme of commenters and petitioners supporting
delay is that, even without regard to the President's Memorandum, the Department initially erred in adopting April 10, 2017, as the applicability date of the
Fiduciary Rule and PTEs.
Some comments generally argued that the compliance cost estimates presented in the 2016 RIA were understated, and that therefore the cost savings from a
delay in the applicability of all or some of the requirements of the
Fiduciary Rule and PTEs would be larger than estimated above.
Opponents of a
delay also argued that the
Fiduciary Rule and PTEs have already contributed to positive changes in the marketplace, and that further
delay could slow or reverse this progress.
The $ 1.5 billion on - going costs are the costs of compliance for all components of the
Fiduciary Rule and PTEs; however, the
delay affects only the costs related to the transition period requirements which are a subset of the costs included in the $ 1.5 billion estimate.
To the extent that investment advisers comply with the
Fiduciary Rule and PTEs only when the
Fiduciary Rule and PTEs are applicable on their original terms and schedule, this estimate represents a reasonable adjustment of the 2016 estimate to reflect the impact of the 60 - day
delay.
The Department's decision to
delay the applicability date of the
Fiduciary Rule for 60 days and make the Impartial Conduct Standards in the new PTEs and amendments to previously granted PTEs applicable on June 9, 2017, is expected to produce benefits that justify associated costs.
On March 2, 2017, the Department published the NPRM seeking comment on a proposed 60 - day
delay of the applicability date of the
Fiduciary Rule and PTEs until June 9, 2017.
In considering the benefits and costs of this final
rule, the Department considered both the effects of the 60 - day delay (until June 9) in the applicability of the Fiduciary Rule and PTEs and Impartial Conduct Standards conditions, and the longer delay (until January 1, 2018) in the applicability of the other exemption conditions in the BIC Exemption and the Principal Transactions Exempt
rule, the Department considered both the effects of the 60 - day
delay (until June 9) in the applicability of the
Fiduciary Rule and PTEs and Impartial Conduct Standards conditions, and the longer delay (until January 1, 2018) in the applicability of the other exemption conditions in the BIC Exemption and the Principal Transactions Exempt
Rule and PTEs and Impartial Conduct Standards conditions, and the longer
delay (until January 1, 2018) in the applicability of the other exemption conditions in the BIC Exemption and the Principal Transactions Exemption.
Many commenters also based support for
delay on opposition to the substance of the
Fiduciary Rule and PTEs, as written, and disagreement with the conclusions reached in the final rulemaking and associated Regulatory Impact Analysis.
[7] A substantial number of commenters that generally believe no
delay is warranted nevertheless stated that, if the Department were to proceed with a
delay, the
delay should only partially apply: the
Fiduciary Rule and Start Printed Page 16905Impartial Conduct Standards of the PTEs should be immediately applicable even if other conditions and obligations are postponed.
Consequently, this final
rule's delay in the applicability of the Fiduciary Rule and PTEs might make it possible to avoid some of the cost of continuing to develop and implement T - shares, in favor of moving more directly to what might be the preferred long - term solution, namely, clean sha
rule's
delay in the applicability of the
Fiduciary Rule and PTEs might make it possible to avoid some of the cost of continuing to develop and implement T - shares, in favor of moving more directly to what might be the preferred long - term solution, namely, clean sha
Rule and PTEs might make it possible to avoid some of the cost of continuing to develop and implement T - shares, in favor of moving more directly to what might be the preferred long - term solution, namely, clean shares.
A longer
delay in the application of the
Fiduciary Rule and PTEs and those standards would deprive investors of important fiduciary protections for a longer time, resulting in larger investo
Fiduciary Rule and PTEs and those standards would deprive investors of important
fiduciary protections for a longer time, resulting in larger investo
fiduciary protections for a longer time, resulting in larger investor losses.
Since the DOL announced it would not
delay the
Fiduciary Rule on May 22, we've received several calls from anxious clients unclear about how the regulation affects their 401 (k) plan and / or fiduciary l
Fiduciary Rule on May 22, we've received several calls from anxious clients unclear about how the regulation affects their 401 (k) plan and / or
fiduciary l
fiduciary liability.
Will the Department of Labor
delay the
fiduciary rule created by the former administration?
This week, the DOL
delayed the effective date of its
Fiduciary Rule — which would define all retirement plan financial advisors as ERISA
fiduciaries, effectively banning conflicted 401 (k) investment advice that puts advisor profit ahead of client interests — by 60 days from April 10, 2017 to June 9, 2017.
If you are a supporter of the
Fiduciary Rule like me, it can be easy to be upset by the Trump administration
delay.
Despite
delays, certain elements of the
fiduciary rule are already in place.
However, despite continued pushback from the broker - dealer and insurance industries on the controversial rulemaking — and
delays — Saxon told ThinkAdvisor that he doesn't believe that Phyllis Borzi, assistant secretary of labor for DOL's Employee Benefits Security Administration, the main architect of the
fiduciary rule, «is ever going to give up» on making sure the
fiduciary redraft sees the light of day.
After hours of
delay due to a sit - in by Democrats, the House of Representatives failed late Wednesday night to override a presidential veto on a resolution to nullify the Department of Labor's
fiduciary rule.
AAP submitted its comments to address only the proposed
delay in the applicability date of the
Fiduciary Rule.
While the most disliked aspects of Department of Labor
fiduciary rule are expected to be officially
delayed any day now, lawmakers continue to push legislative alternatives.
Americans for Annuity Protection (AAP) strongly supports the U.S. Department of Labor proposal to
delay the DOL
Fiduciary Rule applicability date of April 10.
For example, the Department of Labor
delayed the full implementation of the
fiduciary rule, which would have required anyone who handles retirement assets or gives financial advice to retirement savers to work in their clients» best interest and to provide disclosure of conflicts, when they exist.
Americans for Annuity Protection strongly supports the proposed extension of the transition period and
delay of applicability dates for the
fiduciary rule prohibited transaction exemptions to July 2019.
«Last month, in the midst of uncertainty regarding whether the Trump administration would take actions to
delay or roll back this
rule, I wrote to over 30 leading finance companies regarding their commitment to helping workers save for retirement, their support for the DOL
fiduciary rule, and their preparedness to comply with the
rule in April,» Warren told Hugler in her Tuesday letter.
Micah Hauptman, financial services counsel at the Consumer Federation of America, told ThinkAdvisor on Thursday that «industry opponents have made no secret they want the new administration to
delay «on day one,»» DOL's
fiduciary rule.
As ThinkAdvisor's Melanie Waddell has reported, President Donald Trump is expected to issue an order directing the DOL to
delay its
fiduciary rule by six months or a year and has appointed an acting secretary of Labor while confirmation hearings for his chosen Labor secretary, Andrew Puzder, have been
delayed.
Sen. Elizabeth Warren urged Acting Labor Secretary Edward Hugler on Tuesday not to
delay the April 10 implementation date of Labor's
fiduciary rule as it would be «a slap in the face» to financial services companies that have already invested in compliance.
Dale Brown, FSI president and CEO, remarked in a Friday statement that FSI «applauds the president's action, which will
delay a
rule with devastating consequences for so many people,» adding that FSI «stands ready to work with the president and his administration to put in place a uniform
fiduciary standard that protects investors, while not denying quality, affordable financial advice to those who need it most.»
(President Donald Trump on Friday ordered the DOL to
delay the implementation of its
fiduciary rule.)
In fact, the
fiduciary rule was supposed to go into effect in April, but President Trump backed the directive to
delay the
rule and review it again.
Regardless if the
fiduciary rule is materially changed or not during the current
delay, the fact remains that fees — and the value clients derive...
After lengthy
delays and attempts to kill the regulation, the Department of Labor's
Fiduciary Rule went in to partial effect in June 2017.
Acosta must have realized that a further
delay of the
rule wouldn't stop the industry from moving towards the
fiduciary standard.
Labor Secretary Alexander Acosta announced Monday night that he will not
delay the controversial
fiduciary rule any further.
Merger and acquisitions among registered investment advisors fell sharply in the third quarter as advisors see less reason to merge in the wake of an 18 - month
delay of the Department of Labor
fiduciary rule.
Despite over 92 % of the 193,000 comment letters opposing
delay, the Department of Labor's
Fiduciary Rule has been officially
delayed until June 9.
The
delay in the Department of Labor's
fiduciary rule until July 1, 2019, which had weighed down Allianz Life in the first half of this year, is no longer having a «major impact on what we are doing,» said Terzariol.
Since taking office, the Department of Labor has
delayed the
fiduciary rule, which would have required financial advisers to always act in the interest of their clients when giving retirement investment advice.