NAPFA leader claims 'moral high ground' in fiduciary fight

NAPFA leader claims 'moral high ground' in fiduciary fight
Organization wants to strengthen its lobbying punch to counter the likes of NAIFA and others that oppose a clients' best interests rule.
NOV 17, 2015
Fee-only investment advisers who support a pending Labor Department advice rule say they will step up their lobbying in order to project their voices amid the din of industry opposition. “We are outspent and outgunned, but we have the moral high ground,” Dave O'Brien, founder of O'Brien Financial Planning and a member of the National Association of Personal Financial Advisors' public policy committee, said in a session at the group's fall conference in Indianapolis last week. The organization's members are confident they have the right message. They argue that the proposal, which is designed to reduce conflicts of interest in advice to 401(k) and individual retirement accounts, would protect investors from high-fee products that erode retirement savings. But the National Association of Insurance and Financial Advisors said NAPFA and other rule-backers support the regulation because it favors the fee-only advice model. They say it puts brokerage-based advisers at a disadvantage by significantly raising their liability risk and regulatory costs. “NAIFA certainly does not concede the 'moral high ground' in the debate over the DOL proposal,” NAIFA president Jules Gaudreau said in a statement. “In fact, some of the most vocal proponents of the DOL proposal seem to be looking out for their own interests. They have put a lot of effort into supporting new regulations on advisers who they see as their competition.” The rule resonates with NAPFA members, who believe their fee-only approach to advice allows them to avoid conflicts of interest. NAPFA members also must be certified financial planners, who already are required to place their clients' interests ahead of their own. “NAIFA has always said there is absolutely a place for fee-only advisers,” Mr. Gaudreau said. “However, we do not believe in a one-size-fits-all approach.” Fierce lobbying against the DOL proposal is leaving NAPFA and its allies in the dust. Mr. O'Brien played a television commercial produced by opponents of the rule, including NAIFA, that depicts a construction company manager asserting that the measure would make it impossible for him to offer a retirement plan to his workers. “That's what's happening when you have expenditures on lobbying like this,” Mr. O'Brien said. The latest figures on lobbying bear out Mr. O'Brien's analysis on spending. Groups that oppose the DOL rule are investing much more than those supporting it. NAIFA has spent $1.9 million on lobbying this year through Sept. 30, according to filings with the Office of the House Clerk. Two other groups who oppose the rule likewise have opened their wallets wide: The Securities Industry and Financial Markets Association, whose membership includes wirehouses, has spent $5.3 million and the Financial Services Institute, which represents independent broker-dealers, has spent $643,828. The expenditures are directed toward other issues in addition to the DOL rule. The umbrella group that includes NAPFA, the Financial Planning Coalition, has spent $30,000 so far this year on lobbying. In addition to NAPFA, the coalition includes the Financial Planning Association and the Certified Financial Planner Board of Standards Inc. As FPA is already doing, NAPFA plans to conduct its own lobbying outside of the coalition in 2016, according to NAPFA leaders. The effort will include the first NAPFA Capitol Hill day, in which NAPFA members visit Washington to lobby lawmakers. “There's an appetite within the membership for it,” said Geoffrey Brown, NAPFA chief executive. At the NAPFA conference, leaders of the public policy committee said they hope policy arguments can overcome the size disadvantage they face in going up against industry groups. “We don't have a lot of money to throw at this, but we do have ideas,” said John Gugle, principal at Alpha Financial Advisors and a member of the committee.

Latest News

The 2025 InvestmentNews Awards Excellence Awardees revealed
The 2025 InvestmentNews Awards Excellence Awardees revealed

From outstanding individuals to innovative organizations, find out who made the final shortlist for top honors at the IN awards, now in its second year.

Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty
Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty

Cresset's Susie Cranston is expecting an economic recession, but says her $65 billion RIA sees "great opportunity" to keep investing in a down market.

Edward Jones joins the crowd to sell more alternative investments
Edward Jones joins the crowd to sell more alternative investments

“There’s a big pull to alternative investments right now because of volatility of the stock market,” Kevin Gannon, CEO of Robert A. Stanger & Co., said.

Record RIA M&A activity marks strong start to 2025
Record RIA M&A activity marks strong start to 2025

Sellers shift focus: It's not about succession anymore.

IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients
IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients

Platform being adopted by independent-minded advisors who see insurance as a core pillar of their business.

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.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.