Bill would give SEC vast powers to regulate broker compensation

The Securities and Exchange Commission would gain more authority to make rules governing broker compensation under draft legislation sent by the Department of the Treasury to Capitol Hill Friday.
JUL 13, 2009
The Securities and Exchange Commission would gain more authority to make rules governing broker compensation under draft legislation sent by the Department of the Treasury to Capitol Hill Friday. “The legislation would give the commission clear authority to write rules that ban brokers and advisers from unfair sales and compensation practices,” said John Nester, spokesman for the SEC. The SEC currently does not have the authority to write rules that ban compensation practices, he said. The SEC’s rules primarily require that disclosures be made to investors concerning possible conflicts of interest that advisers or brokers may have. The draft legislation would empower the SEC to “examine and ban forms of compensation that encourage financial intermediaries to steer investors into products that are profitable to the intermediary but are not in the investors’ best interest,” according to a fact sheet issued by the Treasury Department when it released the draft. In the draft, the SEC would be given broad authority to define what practices would be covered under the provision, Michael Barr, assistant treasury secretary for financial institutions, said in a telephone press briefing Friday. “If higher compensation is given for the sale of an in-house product, if advice is being given with respect to that product, the advice would need to be given irrespective of that compensation arrangement,” he said. The practices covered could include things such as cold calling, Mr. Barr said. Mutual fund revenue sharing, under which mutual funds pay brokers fees for distribution of funds, also could receive greater scrutiny if the provision becomes law. The draft legislation would require all brokers acting as investment advisers to abide by fiduciary standards. Brokers would have to make recommendations that were suitable for investors, while investment advisers would be required to act as fiduciaries, meaning they would have to act in the best interests of the investors they represented.

Latest News

Maryland bars advisor over charging excessive fees to clients
Maryland bars advisor over charging excessive fees to clients

Blue Anchor Capital Management and Pickett also purchased “highly aggressive and volatile” securities, according to the order.

Wave of SEC appointments signals regulatory shift with implications for financial advisors
Wave of SEC appointments signals regulatory shift with implications for financial advisors

Reshuffle provides strong indication of where the regulator's priorities now lie.

US insurers want to take a larger slice of the retirement market through the RIA channel
US insurers want to take a larger slice of the retirement market through the RIA channel

Goldman Sachs Asset Management report reveals sharpened focus on annuities.

Why DA Davidson's wealth vice chairman still follows his dad's investment advice
Why DA Davidson's wealth vice chairman still follows his dad's investment advice

Ahead of Father's Day, InvestmentNews speaks with Andrew Crowell.

401(k) participants seek advice, but few turn to financial advisors
401(k) participants seek advice, but few turn to financial advisors

Cerulli research finds nearly two-thirds of active retirement plan participants are unadvised, opening a potential engagement opportunity.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today’s choppy market waters, says Myles Lambert, Brighthouse Financial.

SPONSORED Beyond the dashboard: Making wealth tech human

How intelliflo aims to solve advisors' top tech headaches—without sacrificing the personal touch clients crave