Here in Canada, regulators are using CRM2 to nudge the industry toward
the fiduciary rule for investing.
Every financial publication has an article about how Trump might be ruining your retirement with his executive order to revise the Department of Labor's DOL
fiduciary rule for financial advisors.
Every financial publication has an article about how Trump might be ruining your retirement with his executive order to revise the Department of Labor's DOL
fiduciary rule for financial advisors.
The decision is a win for the Obama administration and consumer groups, which pushed for
the fiduciary rule for virtually all eight years of the former president's term.
The Department of Labor is not the only group looking to implement
a fiduciary rule for financial advice either.
Despite SIFMA's public statements that it supports a uniform
fiduciary rule for all advisors, the Institute for the Fiduciary Standard believes that the brokerage industry group is really advocating a less stringent brokers -LSB-...]
If that wasn't enough, the National Association of Insurance Commissioners formed a working group to examine the possibility of state regulators using key principles of the DOL
fiduciary rule for annuity sales.
It's one of the single most feared (or even loathed) provisions of the Department of Labor's
fiduciary rule for a large financial institution, because it dramatically raises the stakes of a potential systemic failure to fulfill the firm's fiduciary duty to clients, outside the relative safety of one - advisor - at - a-time arbitration (especially industry - friendly FINRA arbitration).
«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.»
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.
The US Labor Department has released its final
fiduciary rules for retirement advice.
(Corrects to delete reference in 10th paragraph and footnote to U.S. Senator Orrin Hatch's position on Labor Department plans to craft
fiduciary rules for individual retirement accounts.)
Many other developed countries, such as the U.K. and Australia, introduced
fiduciary rules for advisers years ago.
Not exact matches
President Donald Trump's plan to review the Labor Department's
fiduciary rule may be good news
for Wall Street, but not
for hard - working Americans saving
for retirement.
[5]
For example, commenters asserted that the
Fiduciary Rule and PTEs would unduly increase costs and adversely affect access to products, services, and advice.
Differences in firms» preparedness may reflect differences in the level of effort required to achieve compliance, differences in the availability of resources to undertake such efforts, differences in expectations about whether, how and when the
Fiduciary Rule and PTEs might be revised, differences in perceptions of and appetite
for compliance and / or market risk, or some combination of these factors.
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.
The Department notes, however, that the benefits of avoiding disruption and compliance cost savings generally will be proportionately larger
for those firms that currently are less prepared to comply with the
Fiduciary Rule and PTEs.
For example, the comment letter submitted by Consumer Federation of America on March 17, 2017 argued that regulatory impact analysis for the Fiduciary Rule is inadequa
For example, the comment letter submitted by Consumer Federation of America on March 17, 2017 argued that regulatory impact analysis
for the Fiduciary Rule is inadequa
for the
Fiduciary Rule is inadequate.
The President directed that if the Department makes an affirmative determination as to any of the above three considerations, or the Department concludes
for any other reason, after appropriate review, that the
Fiduciary Rule, PTEs, or both are inconsistent with the priority of the Administration «to empower Americans to make their own financial decisions, to facilitate their ability to save for retirement and build the individual wealth necessary to afford typical lifetime expenses, such as buying a home and paying for college, and to withstand unexpected financial emergencies,» then the Department shall publish for notice and comment a proposed rule rescinding or revising the Fiduciary Rule, as appropriate and as consistent with
Rule, PTEs, or both are inconsistent with the priority of the Administration «to empower Americans to make their own financial decisions, to facilitate their ability to save
for retirement and build the individual wealth necessary to afford typical lifetime expenses, such as buying a home and paying
for college, and to withstand unexpected financial emergencies,» then the Department shall publish
for notice and comment a proposed
rule rescinding or revising the Fiduciary Rule, as appropriate and as consistent with
rule rescinding or revising the
Fiduciary Rule, as appropriate and as consistent with
Rule, as appropriate and as consistent with law.
The Department's regulatory impact analysis of the
Fiduciary Rule and related PTEs (2016 RIA) predicted that resultant gains
for retirement investors would justify the compliance costs.
Thus, the
fiduciary definition in the
Rule published on April 8, 2016, and Impartial Conduct Standards in these exemptions, are applicable on June 9, 2017, while compliance with other conditions
for covered transactions, such as the contract requirement, in these exemptions is not required until January 1, 2018.
As highlighted in the Final Regulatory Flexibility Act Analysis
for the
Fiduciary Rule, 96.2, 97.3, and 99.3 percent of BDs, Registered Investment Advisors, and Insurers respectively are estimated to meet the SBAs definition of small business.
After careful review and consideration of the comments, the Department is issuing this final
rule that will (1) extend the applicability date of the Fiduciary Rule, the BIC Exemption, and the Principal Transactions Exemption for 60 days until June 9, 2017, and (2) require that fiduciaries relying on these exemptions for covered transactions adhere only to the «best interest» standard and the other Impartial Conduct Standards of these PTEs during a transition period from June 9, 2017, through January 1, 2
rule that will (1) extend the applicability date of the
Fiduciary Rule, the BIC Exemption, and the Principal Transactions Exemption for 60 days until June 9, 2017, and (2) require that fiduciaries relying on these exemptions for covered transactions adhere only to the «best interest» standard and the other Impartial Conduct Standards of these PTEs during a transition period from June 9, 2017, through January 1, 2
Rule, the BIC Exemption, and the Principal Transactions Exemption
for 60 days until June 9, 2017, and (2) require that
fiduciaries relying on these exemptions
for covered transactions adhere only to the «best interest» standard and the other Impartial Conduct Standards of these PTEs during a transition period from June 9, 2017, through January 1, 2018.
The impacts of today's final
rule are categorized consistently with the analysis of the original Fiduciary Rule, and the Department has also concluded that the impacts identified in the Regulatory Impact Analysis accompanying the 2016 final rule may still be used as a basis for estimating the potential impacts of that final rule, were it not being modified to
rule are categorized consistently with the analysis of the original
Fiduciary Rule, and the Department has also concluded that the impacts identified in the Regulatory Impact Analysis accompanying the 2016 final rule may still be used as a basis for estimating the potential impacts of that final rule, were it not being modified to
Rule, and the Department has also concluded that the impacts identified in the Regulatory Impact Analysis accompanying the 2016 final
rule may still be used as a basis for estimating the potential impacts of that final rule, were it not being modified to
rule may still be used as a basis
for estimating the potential impacts of that final
rule, were it not being modified to
rule, were it not being modified today.
As amended, Section III of the PTE requires Financial Institutions to make certain disclosures to plan
fiduciaries and owners of managed IRAs in order to receive relief from ERISA's and the Code's prohibited transaction
rules for the receipt of commissions and to engage in transactions involving mutual fund shares.
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.
Specifically, the Department extends the applicability date
for the
Fiduciary Rule and the BIC Exemption and Principal Transactions Exemption (including their transition relief)
for 60 days, as proposed.
It has been close to a year since the Department finalized the
Fiduciary Rule and PTEs, and now with the additional extension of the applicability date contained in this final rule, there is little basis for concluding that advisers need still more time before they will be ready to give advice that is in the best interest of retirement investors and free from material misrepresentations in exchange for reasonable compensat
Rule and PTEs, and now with the additional extension of the applicability date contained in this final
rule, there is little basis for concluding that advisers need still more time before they will be ready to give advice that is in the best interest of retirement investors and free from material misrepresentations in exchange for reasonable compensat
rule, there is little basis
for concluding that advisers need still more time before they will be ready to give advice that is in the best interest of retirement investors and free from material misrepresentations in exchange
for reasonable compensation.
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.
Following are amendments to the applicability dates of the BIC Exemption and other PTEs adopted and amended in connection with the
Fiduciary Rule defining who is a fiduciary for purposes of ERISA and
Fiduciary Rule defining who is a
fiduciary for purposes of ERISA and
fiduciary for purposes of ERISA and the Code.
The Department also believes that making the
rule immediately effective will provide plans, plan fiduciaries, plan participants and beneficiaries, IRAs, IRA owners, financial services providers and other affected service providers the level of certainty that the rule is final and not subject to further modification without additional public notice and comment that will allow them to immediately resume and / or complete preparations for the provisions of the Rule and PTEs that will become applicable on June 9, 2
rule immediately effective will provide plans, plan
fiduciaries, plan participants and beneficiaries, IRAs, IRA owners, financial services providers and other affected service providers the level of certainty that the
rule is final and not subject to further modification without additional public notice and comment that will allow them to immediately resume and / or complete preparations for the provisions of the Rule and PTEs that will become applicable on June 9, 2
rule is final and not subject to further modification without additional public notice and comment that will allow them to immediately resume and / or complete preparations
for the provisions of the
Rule and PTEs that will become applicable on June 9, 2
Rule and PTEs that will become applicable on June 9, 2017.
Americans
for Annuity Protection are among those fixed annuity defenders who are fighting
for fair treatment of fixed products in the Department of Labor
fiduciary rule.
Americans
for Annuity Protection has engaged in active outreach to leaders of influence to establish the argument that the DOL's
fiduciary rule should be returned because of the analysis performed by the department is flawed, inconclusive and arbitrary; it is not compatible with the Uniform Security Law or established insurance law, and the law has potential conflict with the Dodd - Frank requirements to the Securities and Exchange Commission (SEC) on reviewing a uniform
fiduciary standard.
The five lawsuits to block the Department of Labor's
fiduciary rule continued to move forward in July in separate venues, but the Department of Justice strongly defended the
rule in a Washington, D.C., federal district court challenging the suit filed by the National Association
for Fixed Annuities, or NAFA.
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.
At a recent Americans
for Annuity Protection (AAP) board meeting, the board authorized AAP's support of litigating the negative impacts of the DOL
Fiduciary Rule and its continued engagement in litigation efforts.
New Department of Labor
fiduciary rules that went into effect June 9 require only «reasonable compensation»
for sales of products into retirement accounts.
The new Department of Labor
fiduciary rules could have implications
for cyber-security systems if they are not strong enough.
Americans
for Annuity Protection gets dozens of calls a month from advisors and agents asking what force is pushing the Department of Labor's
Fiduciary Rule.
Meanwhile, Timothy Hauser, COO
for DOL's Employee Benefits Security Administration, stated at a mid-July IMCA conference in Washington that DOL plans to «push out» Q&A guidance «fairly shortly» to address questions about compliance with Labor's
fiduciary rule.
If that happens, the
rules for 401 (k) investment advice that existed before the
Fiduciary Rule will return.
As a critic of the
Fiduciary Rule, it's a good bet that President Trump ordered the DOL analysis to build a case
for overturning it.
There is precedent
for killing the Department of Labor's
fiduciary rule based on its lack of adequate studies.
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.
«The flawed
fiduciary rule will make it harder
for low - and middle - income workers to save
for the future, limit the ability of individuals to receive basic financial advice, and jeopardize the creation of small business retirement plans.»
For the most part, he said, the DOL got it right with its
fiduciary rule, that robo - advisors are here to stay and fees will continue to drop.
«Contrary to the arguments being put forward, DOL has clear authority both to define
fiduciary investment advice under ERISA and the tax code and to set the conditions
for any exemptions from the prohibited transaction
rules.»
Beginning early next year, Morningstar will offer a way
for broker - dealers to offload the
fiduciary responsibility of managing 401 (k) plans, which is mandated by the DOL
rule that starts to take effect in April.
Included in that list: Identify investor needs and put those goals first, which is what the DOL
fiduciary rule is about; develop and monitor a personal plan
for each client, help clients through major life changes and be transparent about fees and expenses.