David J. Witz is the managing director and founder
of Fiduciary Risk Assessment LLC (FRA) and PlanTools, LLC.
Not exact matches
David Reyes is founder
of Reyes Financial Architecture
of La Jolla, Calif., a Registered Investment Advisory firm that acts as a
fiduciary and specializes in portfolio
risk management strategies, retirement income distribution and Social Security planning.
Still, despite the
fiduciary risks (which are outlined, in near - apocolyptic detail, on pages nine through 29
of the filing) buyers
of Zipcar stock seem to believe that the company's business model will ultimately become a profitable enterprise.
Both Monks and Whitehead agree that
fiduciaries, who are obligated to protect the invested dollars entrusted to them, should not invest in these kinds
of stocks due to the
risks involved.
The Department concludes that it can best protect the interests
of retirement investors in receiving sound advice, provide greater certainty to the public and regulated parties, and minimize the
risk of unnecessary disruption by taking a more balanced approach than simply granting a flat delay
of fiduciary status and all associated obligations for a protracted period.
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.
Accordingly, the advisors who delay embracing fulfilment
of the
fiduciary Duty
of Care
risk losing market share to those that do.
They want only advisors with expertise in retirement issues to act as
fiduciaries for 401 (k) plans because
of risk management issues for the corporation, says Chetney.
Its Wholesale Banking segment offers commercial loans and lines
of credit, letters
of credit, asset - based lending, equipment leasing, international trade facilities, trade financing, collection, foreign exchange, treasury management, merchant payment processing, institutional fixed - income sales, commodity and equity
risk management, corporate trust
fiduciary and agency, and investment banking services, as well as online / electronic products.
Small business 401 (k) plan sponsors have a
fiduciary responsibility to act in the best interest
of their plan participants or
risk personal liability.
Promote Diversification — another key
fiduciary duty — to help minimize the
risk of investment losses.
Determines the investment objectives,
risk tolerance, financial circumstances and needs
of the client, without regard to the financial or other interests
of the
fiduciary or any other party.
Regardless
of laws and regulations, advisers not providing a
fiduciary level
of service place their entire business at
risk, as investors will naturally migrate toward advisers providing a higher and better level
of service.
Going forward, advisers and wealth management firms who choose to ignore
fiduciary standards face serious
risk of reputational damage and, ultimately, lost assets under management.
«With an increased investor focus on proxy voting, it's clear that many
fiduciaries will want to be informed
of such
risks, which can have an impact on their ultimate vote decision.»
Fiduciaries are solely responsible for exercising independent judgment in evaluating any transaction (s) and are assumed to be capable
of evaluating investment
risks independently, both in general and with regard to particular transactions and investment strategies.
In an effort to help investors cut through the noise, we outlined our take on three
risks we think bear watching and one that should garner the immediate attention
of investment professionals (i.e.
fiduciary duty):
While not all providers with revenue sharing may be deemed
fiduciaries, the
risk of potential liability may cause many to evaluate their fee disclosure procedures and make pre-emptive changes.
Federated alternative strategies are subject to stringent regulatory,
fiduciary and disclosure requirements, offering investors transparently managed, liquid and cost - effective access to a wide range
of strategies designed to limit downside
risk while seeking competitive performance.
Despite the fact that outsourcing some
of a plan sponsor's
fiduciary duties can help mitigate the
risk of increased
fiduciary liability, those who are originally responsible can not completely eliminate their
fiduciary duties to the plan.
«As a
fiduciary of the New York City Employee Retirement System for the last 8 years, Scott has worked with his fellow trustees to grow the City's pension funds through prudent investments, improving diversification and ensuring more rigorous assessment
of risks to investments such as corporate accountability and violations
of environmental regulations.»
Guardian Capital invests with the confidence that comes from a highly disciplined investment process and a constant awareness
of risk and
fiduciary responsibility
Paul speaks with Ken Roberts
of Ken's Bulls and Bears about investing yesterday and today, understanding
risk,
fiduciary responsibility versus suitability
of investment advisors, asset class diversification, retirement distributions and how to change your luck by taking certain actions.
Fiduciaries should identify factors such as investment horizon, an acceptable level
of risk and expected return.
Mr. Armstrong has served a number
of times as an Expert Witness in arbitrations, mediations and Federal lawsuits involving
fiduciary standards, suitability, asset allocation,
risk control, portfolio construction, sustainable withdrawal rates, and market returns.
In selecting an investment product for a plan lineup, we believe plan
fiduciaries must balance considerations such as participants» needs, tradeoffs between expected returns and
risks, and objectives
of the stable value investment option.
Another pitfall
of a universal
fiduciary standard that Harvey sees would be a tendency to limit an advisor's willingness to introduce any but the lowest
risk investments.
In an ever - evolving
fiduciary landscape, the tool aims to identify in real time issues that may put plan advisers at
risk, such as the availability
of lower - cost share classes.
All things considered, with FutureAdvisor acting as your
fiduciary, you can expect to net great yearly returns on your investment without worrying about unnecessary levels
of financial
risk.
I take the
fiduciary side
of this seriously, and will tell clients that want to put a lot
of their money in my stock strategy that they need less
risk, and should put funds in my bond strategy, where I earn less.
The research showed that «plan sponsors and recordkeepers might not be on the same page in thinking about topics related to improving the quality
of the investment lineup, minimizing
fiduciary risk / avoiding litigation and reducing plan administration costs,» Jessica Sclafani, retirement director at Cerulli, said in a statement.
Another big gap between plan sponsors and recordkeepers emerged on the issue
of «minimizing
fiduciary risk / avoiding litigation.»
However, Cerulli says there are some important arguments against the use
of TDFs that all ERISA
fiduciaries should consider: «The chief argument against target - date funds is their homogeneity as they do not account for an investor's
risk tolerance, specific retirement plans, or other assets.»
The DOL only says that
fiduciaries should exercise a prudent process when selecting investments «so as to minimize the
risk of large losses.»
One
of the big issues is that, so for more sophisticated consumers who tend to be savers and have money yes they're learning what a
fiduciary is but there's a whole segment
of the population that is less sophisticated and unfortunately they're the ones that are most at
risk and essential preyed upon by less ethical folks.
Pension fund administrators have been made keenly aware
of their
fiduciary responsibility to consider the
risks of climate change in their investments, or
risk lawsuits holding them accountable to do so.
«The accreditation
of these banking giants would jeopardize the reputation
of the Green Climate Fund and expose it to unnecessarily high
fiduciary risk.
As the discourse around climate
risk, the «carbon bubble,» and «stranded assets» moves into the mainstream
of finance, coupled with the competitive returns
of fossil free investing, campaigners have a robust set
of resources to dismantle informational barriers like
fiduciary duty and the cost
of divestment.
It goes on to summarize financial arguments for investments in energy efficiency, including that: they can repay themselves quickly, depreciate slowly and deliver decades - long returns; efficient buildings, higher rents and higher sale price are correlated; considering energy performance is an important component
of risk management and an investor's
fiduciary duty; and at a time when energy prices are becoming more and more volatile, efficiency investments represent a good hedging strategy.
And given the current state
of the manufactured «paradigm» in climate science, a case could certainly be made that the management
of any corporation at
risk from a scientific change, such as the collapse
of the current paradigm, has a
fiduciary duty to investigate plausible potential challenges to that «paradigm».
As Justice Newbury points out, lawyer and client are not typical contracting parties and are not equal; among other things, the lawyer owes a
fiduciary duty to the client, owes professional duties to the court, takes on most or all
of the financial
risk, and possesses expertise that the client lacks (para. 92).
They could finance the automation for providing routine legal services, but such automation is something that the legal profession can provide for itself, better by itself without: (1) law offices having to be owned by investors; and, (2) the
risk of the
fiduciary duty owed to clients being suppressed by the resulting profit duty owed to investors.
Refunding several hundred thousand dollars may be a costly way to make this case go away, but it seems that cost
of litigating it (and divulging its billing records or
risking the creation
of an explicit and heightened
fiduciary duty to clients with respect to fees) are even higher.
He is also outside ERISA counsel to FRA PlanTools, a
risk - management website, and has taught ERISA
fiduciary law at Washington University School
of Law as an adjunct law professor.
Lawyers who wear multiple hats such as trustee, executor or other
fiduciary or who have a direct or indirect personal interest in the matter at hand are a good example
of this
risk.
The lack
of enthusiasm stems (at least in part) from an uncertainty about how an LSR impacts the
fiduciary duties and obligations that protect solicitor - client relationships (see, Anne Kirker and Jennifer Blanchard, «Limiting the
Risks of Limited Scope Retainers», The Canadian Bar Association, Alberta Branch, The Limited Scope Retainer: (The Canadian Bar Association) at 14).
Fiduciary remedies will not likely be available absent some real
risk of harm.
[ii] The «substantial
risk» principle is the traditional
fiduciary law sometimes called «conflict
of duty with duty» and «conflict
of interest with duty».
The trustee carries the legal and
fiduciary risks of any act he undertakes which acts upon 3rd parties and the trust's beneficiaries.
• Delivered litigation - related training to BMO's lines
of business and corporate support areas on
fiduciary risk, privilege protection, and legal
risk management in reporting.