Results for "Fiduciary Corner"

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Mitigating conflicts of interest in compensation

October 25, 2017

Compensation is the most divisive issue in the financial advice industry. It is the subject of intense regulatory scrutiny and is widely used within the field to distinguish (and pit) one group of advisers versus another – those who receive...

The fiduciary rule for retirement advice faces an uncertain future

June 26, 2017

As his first major policy initiative, Securities and Exchange Commission Chairman Jay Clayton announced on June 1 that he welcomed an invitation by Labor Secretary Alexander Acosta to, among other things, "engage constructively as the Commission...

Regulators can't keep up with change

December 21, 2014

Cheers to the new year and another chance for us to get it right.” That quote, while attributable to Oprah Winfrey, expresses what SEC commissioners must be feeling about their fiduciary rule making. The Securities and Exchange Commission...

Fiduciary case law provides insight

May 25, 2014

Most of today's headlines about the fiduciary standard are about deadlines, not details. Will or won't the Securities and Exchange Commission and Labor Department move forward with changes to the fiduciary standard? The devil, of course, is...

SEC on a fiduciary fishing expedition

March 31, 2013

On March 1, the Securities and Exchange Commission took a highly unusual — perhaps unprecedented — action. The agency issued a “request for data and other information” in advance of proposing a rule. Specifically, the commission requested...

Enforcement of securities laws a must

October 28, 2012

There is a crisis of investor confidence in the integrity of financial market participants and regulators. Although there are many underlying causes of the crisis, financial misconduct is clearly one that is both prominent and able to be remedied....

Are cost-benefit analyses exploited?

September 30, 2012

Cost-benefit analyses are either being productively used or abused in financial regulation, depending on your point of view. Those stances are embroiled in intensive debate, as highlighted by two recent events. The first is the introduction...

When duty clashes with public policy

September 2, 2012

State and local public pensions are in the cross hairs. Collectively, they are underfunded by between $1 trillion and $3 trillion (depending on earnings rate assumptions) and are a major reason for the precarious fiscal condition of thousands...

Duty of due care and robo-advisers

October 11, 2015

Investment advisers have a fiduciary duty to act in the clients' best interests. As it applies to the robo-advisers now on the scene, I don't think the technology has advanced to the point that they care enough to reliably serve clients' best...

Proxy voting lets fiduciaries use power

October 2, 2011

Proxy voting is one of the most powerful but underutilized tools that fiduciaries have to serve the best interests of investors. Through their voting power, shareholders, especially institutional shareholders, have the ability to influence directly...

Taking their cue from Congress

August 7, 2011

I think I found the model for how opponents of the fiduciary standard hope to render the standard meaningless after financial regulatory reform. The model has four parts that can work perfectly to dilute the fiduciary standard and render it...

Cultural changes overshadow reform

May 29, 2011

A shift in culture for investment advisers is overtaking regulatory reform in scope and significance. Although subtle evidence of the shift can be observed in the United States, it is readily apparent in Australia and New Zealand, where I recently...

Not delivering on your promises is costly

March 6, 2011

“Well done is better than well said,” was Benjamin Franklin's wisdom on accountability. It is a message that fiduciaries should take to heart. Saying one thing and doing another, or failing to deliver on an advertised service, can be a source...

Where does advisory industry go from here?

February 6, 2011

Without the unequivocal support of all the members of the Securities and Exchange Commission, just how much can we learn about the future direction of the regulation of investment advice from the two SEC studies that were released last month?...

Review the process, not just performance

January 9, 2011

At this time of year, investment stewards — retirement plan sponsors, and managers and trustees of charitable organization investment committees — are receiving 2010 year-end investment performance reports and poring over them to prepare...

Rule change takes aim at 'schlocky advice'

November 7, 2010

Last month, the Department of Labor proposed to expand the definition of the term “fiduciary” under the Employee Retirement Income Security Act of 1974. According to the DOL, the rule “would protect beneficiaries of pension plans and individual...

In volatile times, it pays to revisit the IPS

June 6, 2010

With financial markets careening up and down amid new financial, en-vironmental and geopolitical crises, investors are justifiably nervous about whether seemingly desperate times call for desperate measures. Financial stewards, as well as the...

'I pledge to be your fiduciary'

March 14, 2010

In a speech at the 2010 Investment Adviser Compliance Forum, Elisse Walter, a member of the Securities and Exchange Commission, expressed strong support for the extension of the fiduciary standard for financial professionals, calling it “critical...

Prudence involves more than conduct

February 14, 2010

“Prudence” seems like an old-fashioned word with a stodgy connotation, but for fiduciaries, it is a timeless concept with significant implications. Too often, investment advisers view prudence simply as an obligation to be competent and...

The four stages of an annual review

December 6, 2009

As the year draws to a close, fiduciaries should be turning their attention to one of their most important responsibilities: the annual portfolio review. This is a prime event conducted in the process of fulfilling the continuing fiduciary duty...

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