Setting the standard: Draft sets the bar for a broker, adviser fiduciary standard

Based on a draft amendment of the Investors Protection Act that was distributed today by the House Financial Services Committee to select members of the financial services industry, the duty of care applied to both brokers and financial advisers would be at least as high as the standards that the SEC applies to investment advisers.
OCT 20, 2009
By  Bloomberg
Based on a draft amendment of the Investors Protection Act that was distributed today by the House Financial Services Committee to select members of the financial services industry, the duty of care applied to both brokers and financial advisers would be at least as high as the standards that the SEC applies to investment advisers. The draft, which has not yet been made public, amends the Investor Protection Act issued by House Capital Markets Subcommittee Chairman Paul Kanjorski, D-Penn. Under this amendment, the Securities and Exchange Commission would still be required to write the rules governing fiduciary standards that advisers and brokers — who give personal advice — would have to abide by. Adviser groups are wary of that, however, fearing the SEC would weaken standards to accommodate the brokerage industry. "Although some ambiguity remains and we'd prefer not subjecting the fiduciary duty under the [Investment] Adviser Act [of 1940] to SEC rulemaking, the proposed Manager's Amendment does add some good language," Investment Adviser Association Vice President Neil Simon wrote in an e-mail. The committee postponed a mark-up of the Investor Protection Act, legislation that would subject hedge funds to SEC registration, and legislation that would create a federal insurance office until Oct. 27. The bills originally had been slated to be marked up this week, but the delay was requested by Republican members, according to a press release issued by Committee Chairman Barney Frank, D-Mass.

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.