Not exact matches
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, 2018.
While a financial advisor held to a
fiduciary standard will give you truly the best financial advice they are qualified to give, an advisor held to a
standard of suitability will give you information that can be compromised
from a conflict - of - interest.
Repeal is necessary to remove the DOL
from the process to ensure a uniform application of any new
Fiduciary standard.
Reading more of the ICI findings, it is fairly apparent why the rule seeks to over-regulate annuity advisors who are subject to the rules - based and highly regulated suitability
standard while under - regulating fee - only advisors by holding them to a subjective, principles based
fiduciary standard: to pander to the employer - sponsored plan providers and keep money
from rolling over.
The new
fiduciary standard mandated by the Department of Labor prohibits advisors
from making recommendations that will cause compensation for their services to be more than «reasonable.»
But Elliot Weissbluth, CEO of HighTower Advisors — a nine - year - old national financial services company with more than $ 30 billion in assets under management that has long adhered to the
fiduciary standard — says it's like the difference between getting dietary advice
from a butcher or
from a registered dietician.
Small plans will continue to move away
from revenue sharing as they continue to strive to meet
fiduciary standards.
Thus, Cyprus actually holds a higher
standard in
fiduciary duties in terms of legal protection
from rogue investment companies than the U.K., which is still not in full compliance of the MiFID.
The gravamen of the complaint is that the asset - allocation models adopted by the retirement plans» investment committee departed dramatically
from prevailing
standards employed by professional investment managers and plan
fiduciaries, and as a result, caused participants to suffer massive losses and excessive fees.
Second, DOL «then offers an exemption
from this far - reaching prohibition — known as the best interest contract exemption (or «BIC» exemption)-- but conditions it on financial services firms and insurance institutions agreeing to subject themselves to
fiduciary standards of conduct in contracts that they must enter into with their customers, as well as a range of other restrictions and requirements.»
Will you and your Committee for the
Fiduciary Standard — advisors from around the country — continue to travel to Washington to advocate for the s
Standard — advisors
from around the country — continue to travel to Washington to advocate for the
standardstandard?
America itself, facing an era where more and more citizens without adequate financial resources will seek assistance
from local, state and federal governments (precisely at a time when such governments are already strained), needs the
fiduciary standard.
«I work with ERISA and know
from experience that working with the
fiduciary standard benefits the plan sponsor as well as the employee.»
While the SEC considers whether to extend a
fiduciary duty to all advice givers, and the Department of Labor forges ahead on its revised definition of
fiduciary, HighTower has moved ahead on its own, wrapping a strict
fiduciary standard into a business model that meets client needs while giving top Wall Street brokers an innovative home
from which to serve those clients and grow their individual businesses.
The renowned Fisher, speaking
from his Camas, Washington, headquarters, talked annuities — «magical words,» lying, steep VA commissions — as well as a «
fiduciary standard lite»; and he graded the Financial Industry Regulatory Authority.
Rostad said that research
from the GAO draws a picture showing that not only are «many, many investors -LSB-...] not being treated with a
fiduciary standard, it's worse: there's not even a suitability
standard being met» in providing advice on retirement plans.
Tolerance is good, but apply it to the situation on how advisors are handling clients -LSB-...] deviating
from the
fiduciary standard.
According to Fitch, it's pretty much everybody,
from insurance agents and broker / dealers on over to registered investment advisors (RIAs) already under the
fiduciary standard.
Acosta must have realized that a further delay of the rule wouldn't stop the industry
from moving towards the
fiduciary standard.
The debate over the rule has shined a spotlight on the importance of the
fiduciary standard and could lead to an exodus of clients away
from advisors and brokers that choose not to meet it.
For the United States, the
fiduciary standard — putting your client's interest ahead of your own - is known as a prudent person
standard of care, a
standard that originally stems
from an 1830 court ruling.
In the meantime, if you are seeking advice
from a financial professional, registered investment advisors are already required to follow the «
fiduciary standard.»
From that initial focus on financial planning, we expanded our efforts to include holding brokers to a
fiduciary standard when they hold themselves out as advisers or as providing financial planning, which had become quite common by the 1990s.
«SIFMA's proposed departure
from the Advisers Act is dramatic,» added Knut A. Rostad, president of the Institute for the
Fiduciary Standard.
The proposals have been in the pipeline for a while, and were released amid growing uncertainty that the Department of Labor's (DoL) own rule, the
fiduciary standard rule, which applies only to retirement brokers, will be stricken
from the records on the May 8.
Plan sponsors using our
Fiduciary Investment Services can expect protection
from liability arising
from third - party claims asserting a failure to exercise the appropriate
standard of care under the Employee Retirement Income Security Act of 1974, as amended (ERISA), with respect to the selection and monitoring of the plan's investment lineup.
Tax - aware planning and investing is an area where advisors can distinguish themselves
from the competition and demonstrate
fiduciary standards of expertise and putting their clients first.
But under the Employee Retirement Income Security Act, which sets minimum
standards for defined benefit and defined contribution retirement plans, and the IRS code, which oversees IRAs, a
fiduciary advisor would be prohibited
from earning commissions on investments for those accounts because that would not be considered to be acting in the best interest of the client.
Representatives
from both the brokerage industry and the registered investment advisory side of the advice business expect the Securities and Exchange Commission to produce some kind of proposal this year for a
fiduciary standard for brokers...
AC: I would say so and I guess if you really can't tell
from our discussion we were for it because we think that the industry should be under the
fiduciary standard and I think you will find that most fee - only financial planners are all for it.
Under a
fiduciary standard, an investment advisor would be strictly prohibited
from buying a mutual fund or other investment because it would garner him or her a higher fee or commission.
The final aspects of the
fiduciary standard will be shrouded in some mystery until the final rule language actually emerges
from OMB, George explains, but she still predicts pretty confidently that the biggest impact is going to be on the IRA market and rollover accounts.
What to Expect
from a Good Advisor As discussed earlier, a good financial advisor will be held to a
fiduciary standard that requires him or her to puts the client's interests first.
The next time you're working with brokers or financial advisers who will earn a commission or fee
from their work with you, ask them if they must adhere to the
fiduciary standard.
Consumers are harmed by the absence of a uniform
fiduciary standard that applies to all financial professionals who provide personalized investment advice,
from paying excessive fees and commissions to receiving substandard performance.
«Retirees who elect to stay in the plan or who return to employment benefit
from the plan's
fiduciary standard of care, and maintain access to cost - effective, institutional investment offerings, often at lower cost than what is available to them in the retail marketplace,» the research highlights.