The DOL
Fiduciary Rule does not and will not apply to accounts that are not retirement accounts.
So if you have a brokerage account, the fiduciary rule doesn't apply.
The Fiduciary Rule does not impact what matters most — helping you realize your financial goals.
The Department of Labor
fiduciary rule does not exist anymore after a late - Thursday court ruling.
Not exact matches
The Office of Management and Budget has no choice but to return the
fiduciary rule on the grounds that the Department of Labor
did not
do its duty adequately under the rulemaking process.
In early 2017, Americans for Annuity Protection will advocate for a new budget the
does not appropriate the necessary funds to implement the
fiduciary rule.
This transition period gives newly - minted
fiduciaries time to fully comply with the
rule — which many advisors
did not expect to be implemented.
After many readings, we conclude that the department
did little in the way of improving the unworkable and harmful aspects of the proposed
rule and, instead, spent much of their time (and words) defending their definition of
fiduciary, why they included IRAs and what they believe constitutes investment advice.
Ray Ferrara, the former chairman of the Certified Financial Planner Board of Standards who's chairman and CEO of dually registered ProVise Management Group in Clearwater, Florida, noted on a panel discussion at the event that he expects his firm to shell out «less than $ 10,000 in our hard costs» to comply with the
fiduciary rule, but didn't anticipate «any significant ongoing [compliance] costs.»
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.
Sen. Ron Johnson, R - Wis., chairman of the Senate Homeland Security and Governmental Affairs Committee, said in a statement that he was «disappointed» that DOL issued its
fiduciary rule, «despite widespread concern about the
rule's complexity and the harm it may
do to low - and middle - income investors.»
Andrus: The
fiduciary rule has actually made it easier to recruit because people don't want to
do it on their own?
The key to understanding the
fiduciary rule is «are you making a recommendation, and
do you get paid in a way that after the fact can be viewed as conflicted,» Blass said.
Institutions and retail advisors who merely dispense information without recommending a product or service, or who don't dispense advice
do not trigger
fiduciary duties under the DOL
rule.
The now - endangered
fiduciary rule is based on a simple — and seemingly unarguable — principle: that in giving advice to clients with retirement funds, stockbrokers, registered investment advisers and insurance agents must act in the best interests of their clients... It simply doesn't seem like a good business practice for Wall Street to tell its client - investors, «We put your interests second, after our firm's, but it's close.»
Donald Falk and my colleague Eugene Volokh have
done a backgrounder for WLF on Labor Department's
Fiduciary Rule Tests First Amendment Limits
Advisors still
do not believe the DOL
fiduciary rule will impact their use of variable annuities.
«Nothing hard is easy; nothing worth
doing is easy,» Ketchum responded, adding that while he has «tremendous respect» for the «range of concerns» expressed by some SEC commissioners regarding a
fiduciary rule for brokers, he has «great confidence» in White being able «to move this [rulemaking] forward.»
Further, the final
rule defines a variety of investment education activities that fall short of
fiduciary conduct, and makes clear that advisors
do not act as
fiduciaries merely by recommending that a customer hire them to render advisory or asset management services.
The dust is still settling from the recent Department of Labor
fiduciary rules and most people I talk with don't know quite what to make of it.
Broker - dealers are helping investors make better retirement decisions as a result of procedural changes firms have made in preparation for the DOL
fiduciary rule, according to a study
done by state regulators on the Individual Retirement Account rollover market.
Broker - dealers should be «nervous» if they don't have policies and procedures in place before the Department of Labor
fiduciary rule's first deadline hits next April, Timothy Hauser, one of the chief architects of the
rule, said Tuesday at a Financial Industry Regulatory Authority conference in Washington.
While the new DOL
rules are principles based and
do not provide discreet instructions as to what advisors should
do to fulfill
fiduciary duties, industry executive David Trainer said advisors can not lose with clients or regulators by incorporating research into their practice that is «inarguably in the best interest of clients.»
Most of the changes brought about by the
fiduciary rule so far have focused on the Duty of Loyalty — ensuring that advisors don't charge excessive fees and avoid conflicts of interests.
The most important thing this
rule has
done for the investing world is it has woken the public up to how important it is to work with a
fiduciary adviser.
No one can say at this point whether the DOL
Fiduciary rule will be allowed to stand, or if it
does how it will be interpreted.
By law, brokers and agents can't put «investment adviser» on their business cards because they don't follow the
fiduciary rules.
That is why we have become increasingly concerned with the growing noise from DOL
Fiduciary Rule cheerleaders about the need to regulate who gets to use the term advisor and who
does not.
While the new DOL
rules are principles based and
do not provide discreet instructions as to what advisors should
do to fulfill
fiduciary duties, we think advisors can not lose with clients or regulators by incorporating research into their practice that is:
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.
The Department of Labor
fiduciary rule hung over many aspects of the financial services industry in 2017 - and health care
did not escape its clutches.
It could, Scalia responded, adding that HHS would have more grounds for that decision than the DOL
does with its
fiduciary rule.
Moving back the Department of Labor's
fiduciary rule to June 9 from April 10 «doesn't change much» for Principal Financial, Houston said.
I don't see this tide turning even if the
Fiduciary rule is overturned.
Some industry critics say it too closely mimics the Department of Labor
fiduciary rule that was struck down by the courts last week, while others say it doesn't go far enough.
As a long - time supporter of the
Fiduciary Rule, I hope the Fifth Circuit decision doesn't doom the regulation.
Some industry critics say it too closely mimics the Department of Labor
fiduciary rule, while others say it doesn't go far enough.
It is clear that the
Fiduciary Rule was constructed to keep money inside 401 (k) s and the biggest force was 401 (k) product providers who knew that unless something was
done they'd be forced, as Mr. Worthington said, to cut fees (and profit), change products, consolidate or all of the above.
We probably would not have the fuss over the
fiduciary rule if total and prominent disclosure of fees were
done.
In the absence of an investment recommendation, the
rule does not treat individuals or firms as investment advice
fiduciaries merely because they execute transactions at the customer's direction.
Plus, these companies don't have to follow the
fiduciary rule since they only execute orders that you give to them.
Do you think the
fiduciary rule should be stricter in disclosing investment costs and fees?
Somewhere in the entrails of Washington DC
Fiduciary Rule legislation is being born, but we don't know whether it will see the light of day or not.
Finally, be aware that the Department of Labor's
Fiduciary Rule, in which financial advisors must
do what is in the best interest of their clients (instead of peddling high fee funds that give them kickbacks) remains in effect despite some industry insiders expecting the new administration to rollback this newest of financial regulations.
We probably would not have the fuss over the
fiduciary rule if total and prominent disclosure of fees were
done.
Many record keepers were able to
do so prior to the DOL's
fiduciary rule going into effect last summer.
The Labor Department's proposed
rule would give them the chance to
do that by requiring those giving retirement investment advice to act in the best interest of their clients and comply with the
fiduciary standard already embraced by Rebalance IRA and other investment innovators.
With the Department of Labor's
fiduciary rule going into effect on June 9, investors should recognize what financial advisers can, and can't,
do.
How
do you feel about your firm's ability to comply with Department of Labor's
fiduciary rule change?
The
fiduciary rules is a great idea, but you still need to know what honest financial advisors should
do when it comes to disclosing fees.