SEC to audit RIAs over the types of mutual fund share classes they sell to clients

SEC to audit RIAs over the types of mutual fund share classes they sell to clients
The agency is particularly interested in conflicts of interest where the adviser is also a broker-dealer or affiliated with a broker-dealer that gets fees from sales of particular share classes.
AUG 16, 2016
The Securities and Exchange Commission will take a close look at the types of mutual fund share classes that registered investment advisers sell to their clients. The SEC's Office of Compliance Inspections and Examinations announced Wednesday that it will examine advisers' practices related to share class recommendations and compliance oversight of the process. The premise: Advisers are fiduciaries and, as such, they have a duty to act in their clients' best interests. The SEC will be particularly interested in conflicts of interest where the adviser is also a broker-dealer or affiliated with a broker-dealer that gets fees from sales of particular share classes. Of particular interest: When an adviser recommends an expensive share class for which an affiliate of the adviser receives more fees. Fiduciaries are generally required to choose the lowest-cost share classes and 529 plan investments for clients, given their investment objectives. “Examiners will review advisers' books and records to identify share classes held and purchased in clients' accounts and any compensation received by the adviser or any of its associated persons related to such investments,” the SEC release said. The SEC will also take a look at how advisers are disclosing “whether the adviser or its supervised persons accepts compensation for the sale of securities or other investment products, including asset-based sales charges or service fees from the sale of mutual funds,” the agency's notice said. Finally, examiners will check whether advisers have written policies and procedures designed to prevent violations of section 206 of the Advisers Act, which require advisers to act in clients' best interest. “Examiners will likely review the adviser's practices surrounding its selection of mutual fund and 529 Plan share class investments in clients' accounts and assess the adequacy and effectiveness of the adviser's corresponding written policies and procedures,” the SEC said.

Latest News

Investors win lawsuit against Atlanta B-D over tax shelter investment, potentially a first
Investors win lawsuit against Atlanta B-D over tax shelter investment, potentially a first

InvestmentNews reported in 2017 that the IRS was scrutinizing the tax shelter land deals, called syndication conservation easements.

Pontera unveils non-discretionary advice tools in continued retirement platform buildout
Pontera unveils non-discretionary advice tools in continued retirement platform buildout

Advisors gain a second workflow for 401(k) guidance as the fintech expands beyond bulk rebalancing, backed by new policy research on advice access.

HSA balances hit record high, but are clients using them wrong?
HSA balances hit record high, but are clients using them wrong?

New data shows most people do not have enough saved to cover costs and are not fully utilizing their accounts.

Advisor moves: LPL, Cetera, Raymond James, NewEdge Wealth
Advisor moves: LPL, Cetera, Raymond James, NewEdge Wealth

Firms announce new recruits this week, with teams overseeing hundreds of millions in client assets switching affiliations.

Stratos Wealth adds $400M with RPI Financial Life Planners
Stratos Wealth adds $400M with RPI Financial Life Planners

It’s the 12th deal for Stratos since SEI's investment and follows 11 acquisitions worth $4.8B in 2025.

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income