Schwab back pedals on alternatives ban

The Charles Schwab Corp., under fire from some investment advisers for abruptly ending custody of most alternative assets, said it is modifying the policy but not abandoning it.
MAR 12, 2009
The Charles Schwab Corp., under fire from some investment advisers for abruptly ending custody of most alternative assets, said it is modifying the policy but not abandoning it. After talking to advisers since the policy was announced less than three weeks ago, the San Francisco-based company will not impose the ban it planned to impose May 1 for accepting new hedge fund, real estate and other alternative investments. It said it will initiate the ban once it establishes a long-term servicing relationship with a third-party custodian, which it hopes to do by yearend. “Our general approach remains intact,” a Schwab spokeswoman wrote in an e-mailed statement, “but because we understand that market demands are placing unprecedented pressure on advisers and we want to be as flexible as possible, we are creating an interim process.” However, Schwab has not modified the decision to end custody of funds or other alternative assets managed offshore. It is continuing to accept investments in a limited number of hedge funds, futures funds and other investments that it is paid to market over its AI Source and AI Assets platforms. Schwab has said that it imposed the new policy out of concern about potential regulations that could make custodians and other gatekeepers more liable for fraud and other securities law violations following scandals such as those involving Bernard Madoff and R. Allen Stanford. Advisers said they were outraged over the uncharacteristically rash way in which the normally consultative Schwab adopted the new policy. Advisers were also upset over having to arrange for asset transfers in such an unforgiving market and client relationship environment. Some sent a letter to top Schwab executives threatening to move other assets to rival custodians if adjustments aren’t made to the ban. Schwab executives are still working out details of its revisions and are holding one-on-one conversations with affected advisers, the spokeswoman said. Yet while agreeing to extend its deadline, it also is putting new conditions on accepting additional alternative assets. Schwab hasn’t yet spelled out details of the new acceptance policy, but one adviser has been told that registered investment advisers and alternative investment managers likely will have to sign letters indemnifying Schwab for fraud or other liabilities outside purely ministerial custodial and reporting duties. “This interim process will provide a temporary solution until we have a longer-term servicing relationship in place with an alternate custodian who specializes in the custody of alternative investments,” the spokeswoman said. “Once that’s in place — toward yearend — we’ll begin to assist advisers in moving all existing AI positions.” For additional details, see the March 17 print edition of InvestmentNews.

Latest News

Washington state regulators claim advisor was running Ponzi-like fund
Washington state regulators claim advisor was running Ponzi-like fund

Joel Frank allegedly sold more than $39 million worth of investments in the Equilus Funds to more than 90 investors,

Bipartisan bill aims to take down 401(k) charitable giving hurdle
Bipartisan bill aims to take down 401(k) charitable giving hurdle

The Charity Parity Act would eliminate a costly IRA rollover requirement that blocks direct charitable transfers from workplace retirement plans.

Trump drops $10 billion IRS lawsuit as $1.7B settlement fund takes shape
Trump drops $10 billion IRS lawsuit as $1.7B settlement fund takes shape

A last-minute court filing ends a case against the federal tax-collecting agency that had drawn unprecedented conflict-of-interest questions from Democratic critics.

You Can’t Spell Advisor without AI
You Can’t Spell Advisor without AI

Advisors discuss their use of AI now and how it will change going forward

DOJ's fraud sweep bags over $1B in convictions, guilty pleas and indictments in a single week
DOJ's fraud sweep bags over $1B in convictions, guilty pleas and indictments in a single week

Medicare scam, pandemic benefit theft, offshore tax evasion — federal prosecutors are casting a wide net.

SPONSORED Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management

SPONSORED Durability over scale: What actually defines a great advisory firm

Growth may get the headlines, but in my experience, longevity is earned through structure, culture, and discipline