Then there's the current dispute regarding the Department of Labor's push
for fiduciary standards for advisors servicing smaller 401 (k) accounts.
When it comes to protecting investors and advocating
for a fiduciary standard, the SEC is simply not doing enough.
Provide
for a fiduciary standard for broker - dealers consistent with the standard applicable to investment advisers.
Clearly, the public relations work of Knut Rostad of the Institute
for the Fiduciary Standard (who contributed to both of these stories) and others is beginning to have a dramatic effect.
Will you and your Committee
for the Fiduciary Standard — advisors from around the country — continue to travel to Washington to advocate for the standard?
That's why we've included on this year's list the SEC's enforcement chief, Andrew Ceresney, Labor Secretary Thomas Perez, the Institute
for the Fiduciary Standard's Knut Rostad, consumer advocate Barbara Roper, securities attorney Tom Giachetti and the aforementioned Mr. Schweiss.
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-...]
We think investors» expectation
for the fiduciary standard is here to stay no matter what the official rules say — and those investors will increasingly demand that their advisers apply to their non-retirement accounts too.
This past January, a Forum co-chaired by Paul Volcker and Arthur Levitt, and co-sponsored by the Institute
for the Fiduciary Standard, posed the question, «Restoring Trust in Financial Markets: Does Jack Bogle Offer A Prescription?»
She is joined by many in the industry who, though less well - funded and less vocal than others, stand firmly by her call
for the fiduciary standard that inspires the trust and confidence of investors.
Here at the Institute
for the Fiduciary Standard, we've published the 12 best practices.
The Institute
for the Fiduciary Standard today announced the formation of a Best Practices Board to craft fiduciary best practices for investment and financial advisors.
Besides Rhoades, an assistant professor at Alfred State College and SUNY College of Technology, the panel featured Knut Rostad, president of the Institute
for the Fiduciary Standard and panel moderator; Harvey Pitt, Former SEC chairman; and Marcus Stanley, Policy Director of Americans for Financial Reform.
«Simply put, SIFMA is proposing a broker sales standard, not a fiduciary standard,» said Knut Rostad, president of the Institute
for a Fiduciary Standard.
Washington, D.C. — The Institute
for a Fiduciary Standard, in a letter to the Securities and Exchange Commission, warned that a proposal by SIFMA fails to uphold essential fiduciary principles.
On September 27, 2017, the Institute
for the Fiduciary Standard awarded the 2017 Frankel Fiduciary Prize to Barbara Roper, Director of Investor Protection for the Consumer Federation of America.
«SIFMA's proposed departure from the Advisers Act is dramatic,» added Knut A. Rostad, president of the Institute
for the Fiduciary Standard.
In a panel discussion co-hosted by the Cato Institute and the Institute
for the Fiduciary Standard, Rhoades highlighted the idea that when an investor relies on a professional's personalized advice, they enter -LSB-...]
Today marks the beginning of Fiduciary September 2015, the month declared four years ago by the Institute
for the Fiduciary Standard as a time to commemorate why fiduciary duties in financial advice matter so much to the markets and investors.
Most visible, in the DOL rule battle, the ongoing activity of the Financial Planning Coalition (CFP Board, FPA, and NAPFA) and the Committee
for the Fiduciary Standard stand out.
Oct. 2 — Maria Elena (Mel) Lagomasino, CEO of WE Family Offices and a founder of the Institute
for the Fiduciary Standard, recently spoke to the Financial Times in their London office on her native Cuba, the investment industry and the work of the Institute.
I applaud The Institute
for the Fiduciary Standard in its effort to help investors understand who's on their side and who isn't.
Hats off to the Institute
for the Fiduciary Standard and to the many members of the profession who have responded, and continue to respond, to the Institute's call to «Get Involved.»
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...
The Committee
for the Fiduciary Standard, a group that promotes the idea that advisors should put their clients» best interests first, has just such a form letter at www.thefiduciarystandard.org/fiduciary-oath.
The Institute
for Fiduciary Standard launched the «Campaign for Investors» initiative to help put the fiduciary standard in context for investors by providing educational tools and resources.
Not exact matches
Unlike in other countries, though, U.S. advisers are not required to become
fiduciaries, and many choose not to - often so they can rake in commissions
for selling you products that might not quite satisfy the «best interest of the client»
standard.
Those not working to the
fiduciary standard are held only to a suitability
standard, meaning their advice must be suitable
for the clients» financial situation, but is not necessarily in their best interest.
Bogle told those assembled that he has been an advocate
for «a federal
standard of
fiduciary duty, the duty of everyone who touches «other people's money» (OPM) to place the interests of [their] clients above [their] own interests» and that he supports the proposed Department of Labor broker
fiduciary duty
standard.
If you don't have the
fiduciary standard, it's a little bit like walking down to the Ford lot and saying, «Do you think I need a new car yet or do you think I should keep driving the old one
for another couple of years?»
Advisers who presently are
fiduciaries may be especially likely to fully satisfy the PTEs» Impartial Conduct
Standards before January 1, 2018, in the ERISA - plan context, because advisers who make recommendations to plans and plan participants regarding plan assets, including recommendations on rollovers or distributions of plan assets, are already subject to
standards of prudence and loyalty under ERISA and a violation of the Impartial Conduct
Standards would be subject to claims
for civil liability under ERISA.
The
fiduciary standard is a federal requirement designed to ensure that financial advisors don't sell clients products that are better
for the advisors than
for the clients.
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.
They would not be specifically required to meet other transition period requirements of these PTEs, such as to make specific written disclosures and representations of
fiduciary status and of compliance with
fiduciary standards in investor communications, designate a person or persons responsible
for addressing material conflicts of interest and monitoring advisers» adherence to the Impartial Conduct
Standards, and comply with new recordkeeping obligations.
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.
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 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.»
If the
Fiduciary Standard is applied to brokers as well as financial advisors as has been discussed, there will
for sure be lots of change, but to announce the death knell of the advice business is as ludicrous as saying there will no longer be a demand
for teachers or doctors.
Broker deals only have a «suitability
standard»
for their clients, not a
fiduciary standard, whereas RIAs have a much stricter
fiduciary standard.
However, the SEC's proposal contains an even more fundamental flaw: Even if brokers were held to a
fiduciary standard of conduct, the ambiguous interpretation of the
fiduciary «Duty of Care» makes any regulation difficult to enforce and confusing
for all parties.
Most of the coverage of the SEC's recent proposal to replace the Department of Labor's
Fiduciary Rule has focused on the different
standards for brokers vs. advisors and the shortcomings of a disclosure - based approach to regulation.
For example, Registered Investment Advisors (RIAs) collect fees for the advice they provide, and are held to the fiduciary standa
For example, Registered Investment Advisors (RIAs) collect fees
for the advice they provide, and are held to the fiduciary standa
for the advice they provide, and are held to the
fiduciary standard.
Over the past decade, several high - profile 401 (k) fee lawsuits and DOL efforts to implement a
fiduciary standard for professional investment advice have put 401 (k)
fiduciary responsibility in the national spotlight.
Imagine: Brokers Who Work
for Investors (Bloomberg, April 20, 2015) mirror The
Fiduciary Standard is Coming!
We have been discussing the
fiduciary standard of care owed to investors
for some time now — I am pro, much of the commission side of the business is con.
The DOL proposal does not establish a uniform
fiduciary standard for all retirement plan financial advisors.
Meanwhile, self - styled «investor advocates» campaign
for a stricter
fiduciary standard to apply even to advisors servicing smaller accounts.
Given the expectation that many established forms of compensation that are so central to the brokerage business model appear likely to be allowed under the rules, Roper questions the contention of industry groups that they really are willing to accept a best - interest
fiduciary standard for advice under ERISA.
As
for his own king - size national financial planning practice, with $ 16 billion in AUM, Edelman is vigorously recruiting advisors seeking to join a big RIA that has indeed successfully established itself as abiding by the
fiduciary standard.
«We support a new uniform
fiduciary standard for everyone that's providing retail investment advice, and yet we have no idea exactly what that
standard will look like.»