Brokers accept proposed SEC rule on who can call themselves an adviser

Some say the rule will clear up investor confusion, but others say the SEC didn't go far enough.
APR 19, 2018

Even though the Securities and Exchange Commission's new proposed advice rules could require them to make changes in the way they do business, some brokers acknowledged that the regulations are needed to clear up investor confusion about the advice industry. Among other things, the rules address best interest standard, conflicts of interest and who can describe themselves as an adviser (or advisor). Ron Carson, founder and CEO of the Carson Group, called the SEC's proposal a step in the right direction, but that it needs to go further and require everyone to act as a fiduciary. (More: Ron Carson: I'll leave Cetera if it's sold to LPL) "Unfortunately, a large majority of investors are under the impression that that is already the case, and are completely unaware that many of the financial professionals with whom they do business are under no obligation to prioritize their best interests," Mr. Carson said in an email. Jim Dowd, the founder and CEO of North Capital Private Securities, also wished the SEC went further. He added that the SEC's idea of preventing brokers and registered reps from calling themselves advisers could be the single biggest step toward improving the treatment of retail investors. Mr. Dowd said his firm keeps a clear delineation between its brokerage business and registered investment advisory business and said someone selling a product shouldn't be allowed to convey that they are doing otherwise. "Anything that helps add some clarity and helps limit bad behavior on the part of the financial firms, it's a good thing," he said. Doug Flynn, the the co-founder of hybrid firm Flynn Zito Capital Management, agreed that preventing brokers from calling themselves advisers could help clear up investor confusion and improve perception of brokers. "I'm on the record saying there's nothing wrong with being a broker, and to stop confusion, stop people who are brokers from calling themselves advisers," Mr. Flynn said. "Right now it's just so blurred." (More: SEC advice rule raises bar for brokers by putting 'best interest' on table) Glenn Wiggle, a managing partner of Peak Brokerage Services, believes that the industry should be held to a uniform standard, and said it's been difficult for independent broker-dealers to navigate the various levels of suitability and best interest. The SEC, Mr. Wiggle said, is the right agency to provide the standard. He also thinks the SEC's proposal is an improvement on the Department of Labor's fiduciary rule, which Mr. Wiggle said went "way over the top" when it came to conflicts of interest. "Ultimately it was just way overbearing … an almost impossible standard to get to," Mr. Wiggle said, noting how some firms has simply closed up or sold their brokerage business because the threat of a lawsuit just wasn't worth the risk. "The DOL rule was really not well thought out. I welcome this replacement to it from the SEC." Mr. Wiggle said he doesn't really mind a rule on who can describe themselves as an "adviser" as opposed to a "broker," but doesn't think it will do much in terms of providing clarity to investors. Between insurance agents and registered reps and dual-registered brokers and RIAs, clients are confused enough to begin with. "I don't blame them for attempting, I guess," Mr. Wiggle said. "Things like targeting broker-dealers not being able to use 'adviser' in some cases muddies the water more instead of making it clearer." Senior columnist Jeff Benjamin contributed to this story.

Latest News

Supreme Court bars activist investors from suing funds under investor law
Supreme Court bars activist investors from suing funds under investor law

Saba pushed; the justices pushed back - and the SEC keeps the gavel.

North Carolina court strikes down wealth firm's non-compete and non-solicit as overbroad
North Carolina court strikes down wealth firm's non-compete and non-solicit as overbroad

Two restrictive covenants gone in one ruling - and the drafting flaw is everywhere.

The wealth trap: Why feeling rich matters more than being rich
The wealth trap: Why feeling rich matters more than being rich

Clients' everyday realities, anxieties, and aspirations naturally change as they go up the wealth scale – and that has profound implications for advisors helping them find what "enough" really means.

Orion's new King of Prussia hub reflects 'AI-native workforce' strategy
Orion's new King of Prussia hub reflects 'AI-native workforce' strategy

The RIA technology giant's new office features a fitness center, café and outdoor community spaces, including a beehive, picnic area and herb garden for over 100 employees.

Endowments and foundations turn to alternatives as confidence in return targets fades
Endowments and foundations turn to alternatives as confidence in return targets fades

Liquidity risk overtakes access as the top concern for E&Fs as private markets dominate portfolios.

SPONSORED Estate planning isn't a service add-on. It's your retention strategy.

As $84 trillion prepares to change hands, advisors who treat estate planning as peripheral are quietly building a sieve, not a book.

SPONSORED Why strategy matters more than performance

In volatile markets, the advisors who win aren't the ones with the best calls - they're the ones whose clients stay the course.