Sentences with phrase «if fiduciary»

Regarding the claim for negligent breach if fiduciary duty, the court stated that the limitations period begins to run when the beneficiary actually knows that the fiduciary breached the trust.

If there is conflict between family members, naming one of them in a fiduciary role can bring them further apart, particularly if the fiduciary role involves a lot of discretion.

Regardless if the fiduciary rule is materially changed or not during the current delay, the fact remains that fees — and the value clients derive from them — are forefront in investors» minds today.

I don't see this tide turning even if the Fiduciary rule is overturned.

Regardless if the fiduciary rule is materially changed or not during the current delay, the fact remains that fees — and the value clients derive...

If the fiduciary standard under Dodd - Frank is imposed on Series 7 registered representatives, Fisher said «it would kill the sales of annuities by commissioned salespeople.»

If the fiduciary standard, under Dodd - Frank, is imposed on Series 7 registered representatives, how might that change the annuity industry?

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.

If the fiduciary standard is imposed on financial advisors, how might that affect the annuity market?

Saxon said during his remarks at the IRI event that in his conversations with DOL officials, he's stressed that if the fiduciary redraft — which the DOL has now pushed to a January 2015 release date — expands the definition of fiduciary under ERISA, then the department «has to make the [rule's] exemptions workable.»

It would be more difficult to keep those commission - based accounts, the industry has said, if the fiduciary standard were imposed.

However, the liability under the Act would fall on the fiduciaries and not on the service providers, so if the fiduciaries are comfortable proceeding, the service providers are not opposing a state law that would give them the authority.

Not exact matches

If your longer - term plans call for creating a more official fiduciary board, it makes a lot of sense to get your feet wet early on by creating a board like this.

On the other hand, if you never plan to need a fiduciary board, you might not need to have a board at all.

It's «kind of» a fiduciary rule, if such a thing even exists.

«The No. 1 reason that advisors need to have a plan in place is this: If you have a fiduciary responsibility to your clients, you need to ensure that their financial affairs are attended to the moment you are not able to,» Tibergien said.

Essentially, they want to see that all these materials adequately and accurately reflect the operations of the firm; that the advisor is meeting his or her fiduciary duty by ensuring that the activities being undertaken in client portfolios are, at all times, in the client's best interests; and that the firm is supervising the activities of its staff and taking corrective actions when and if any deficiencies are found.

If you are looking for an advisory - based relationship, the first thing to understand about your financial professional's credentials is whether he or she is a fiduciary — and whether he or she is a fiduciary all the time.

If your adviser is a broker and overseen by the private Financial Industry Regulatory Authority, the broker has no fiduciary duty to act in your best interest.

If your adviser is an investment adviser and governed by the federal Securities and Exchange Commission, the adviser serves as fiduciary to you and must put your interests above his own and act in your best interest.

«If the co-founder doesn't have the skills, experience, or mindset to scale, then it is the CEO's fiduciary responsibility to shareholders to place someone more qualified in the role.

Mallouk, president and CIO of Creative Planning, and Carson, CEO and founder of the Carson Group, both said they would tell Trump not to roll back regulations on the Department of Labor's fiduciary rule, which says if an advisor is working with a client on a retirement plan, they need to act in the client's best interest.

All business leaders have a fiduciary duty to do what is best for our shareholders and Weir will only continue to be based here if the business environment which has helped Weir grow into a truly global company continues to support our ambitions.

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 again.

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?»

If your advisor is an investment advisor and governed by the federal Securities and Exchange Commission, the advisor serves as fiduciary to you and must put your interests above his own and act in your best interest.

(If the limited partners of these VC's acted like real fiduciaries rather than waiting for the end of life of the fund, more than half of old - line venture firms would have shut themselves down today.)

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 law.

The introductory clause is amended to reflect the June 9, 2017 applicability date of that section, as follows: «On or after June 9, 2017, if the insurance agent or broker, pension consultant, insurance company or investment company Principal Underwriter is a fiduciary within the meaning of ERISA section 3 (21)(A)(ii) or Code section 4975 (e)(3)(B) with respect to the assets involved in the transaction, the following conditions must be satisfied, with respect to the transaction to the extent they are applicable to the fiduciary's actions -LSB-.]»

[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.

If advisers fully adhere to these requirements, affected investors will generally receive the full gains due to the fiduciary rulemaking.

Commenters asserted that the costs of the Fiduciary Rule and PTEs would further increase if they become applicable but are subsequently revised or rescinded due to the examination required by the President.

If this conflict causes unnecessary 401 (k) fees, fiduciary liability for the sponsor - and now, the advisor - can result.

The new Department of Labor fiduciary rules could have implications for cyber-security systems if they are not strong enough.

But the DOL fiduciary rule threatens annuity options if it passes in its current form.

If you are a supporter of the Fiduciary Rule like me, it can be easy to be upset by the Trump administration delay.

If that happens, the rules for 401 (k) investment advice that existed before the Fiduciary Rule will return.

«If you recommend that someone roll their money out of a plan, that's going to count as fiduciary advice,» Hauser replied.

Galvin said in releasing the policy statement that «entities that create computer - generated portfolios but fail to do the necessary customer due diligence to know their customers and who specifically decline most if not all the fiduciary duty are not performing the duties of investment advisors.»

«Any recommendation that generates a fee for the advisor... if you get compensation by virtue of the person leaving the money in the plan and you are advising them to keep the money in the plan, that's likely to be fiduciary advice.»

It would commit the advisor to being a fiduciary, disclose general compensation and, if requested, compensation for sales of specific products.

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.

I do not want to suggest that this result is not actionable if it was caused by a fiduciary breach.

«Even if the plan fiduciary is able to gain visibility of a hedge fund's investment strategy, the detailed holdings of a hedge fund portfolio are not disclosed to individual investors,» the complaint says.

If there is an actual shortcoming to the rule, it is this: The fiduciary rule shouldn't apply just to retirement accounts; it should apply to all investment accounts, no matter the size and type.

If you doubt this, then perhaps you might explain why Wall Street has spent millions of dollars lobbying against the fiduciary standard.

If it's a hard fiduciary standard, it would kill the sales of annuities by commissioned salespeople.

Nancy Smith, executive vice president and corporate secretary at AARP, said on a conference panel with Hauser that AARP will not only continue to advocate for the fiduciary rule but plans to assemble some members to act as «mystery shoppers» to see if advisors are complying.

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.

If accomplished, the Department of Labor's new fiduciary rules could be a much needed game - changer.