DOL acting before SEC on fiduciary rule is 'failure in public policy'

DOL acting before SEC on fiduciary rule is 'failure in public policy'
The SEC had a mandate to set a fiduciary standard, but failed to do so before the DOL.
APR 06, 2016
The Department of Labor's move to set a uniform fiduciary standard on investment advice before the Securities and Exchange Commission represents a policy breakdown on the part of the U.S. government, according to an official with the major trade organization for the financial services sector. The Labor Department yesterday issued the final version of its “conflict of interest” rule, which raises investment advice standards for retirement accounts by making a fiduciary of anyone giving advice to 401(k) plans and individual retirement accounts. Critics of the rule, such as the Securities Industry and Financial Markets Association, had long championed the notion that the DOL should wait until the SEC undergoes a fiduciary rulemaking exercise before going ahead with its rule. “From SIFMA's standpoint, to have the DOL issue this now-final rule is bit of a failure in public policy,” said Ira Hammerman, executive vice president and general counsel at SIFMA. The Dodd-Frank Wall Street Reform and Consumer Protection Act signed into law in 2010 gave the SEC, as the primary regulator of the securities industry, discretionary authority to regulate a uniform fiduciary duty for investment advice, Mr. Hammerman said, adding that its inability to do so constitutes the policy failure. SEC chairwoman Mary Jo White has indicated she supports a uniform fiduciary standard, but told legislators there's no guarantee the commission will draft its own rule. The DOL's final rule could increase the pressure on the SEC to do so, but they won't necessarily have to, according to Mr. Hammerman, who spoke Thursday at SIFMA's private client conference in New York.

Latest News

Goldman Sachs: RIA M&A market defies corporate slowdown
Goldman Sachs: RIA M&A market defies corporate slowdown

Goldman Sachs' Padi Raphael, Global Co-Head of Third-Party Wealth, said the "door is always open" regarding a potential RIA referral program, as the firm looks to serve the "mega trend" of growing wealth from independent advisors.

HNW women face hurdles in great wealth transfer, report suggests
HNW women face hurdles in great wealth transfer, report suggests

UBS research finds lack of planning and communication as key challenges for high-net-worth widows and next-generation women in navigating inheritances.

Blackstone, Vanguard, Wellington fire first joint shot into interval fund space
Blackstone, Vanguard, Wellington fire first joint shot into interval fund space

The proposed "all markets" fund is structured to enable quarterly redemptions, driven by investments in public equities, fixed income, and private market assets.

LPL faces states’ regulatory actions on emails, chat app snafus
LPL faces states’ regulatory actions on emails, chat app snafus

The firm has been dogged by compliance issues for years, resulting in multiple fines by various regulatory bodies.

SPONSORED The evolution of private credit

From direct lending to asset-based finance to commercial real estate debt.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.