Don't expect fiduciary proposal this year: SEC insider

Don't expect fiduciary proposal this year: SEC insider
Don't expect the SEC's fiduciary proposal this year. According to a Commission insider, ramped-up cost-benefit analysis is gumming up the works. Said the official: 'The time frame certainly has slipped.'
DEC 08, 2011
While the Labor Department today announced that is starting over on its fiduciary-duty rule, an insider at the Securities and Exchange Commission said the agency likely will delay issuing its new standard of care for broker-dealers. The regulator had said that it would promulgate a revamped fiduciary regulation sometime this fall. But in an appearance Thursday before the House Financial Services Committee, SEC Chairman Mary Schapiro hinted that the agency is not ready to use the authority given to it by the Dodd-Frank financial reform law to establish a universal standard of care for retail investment advice. “We have not yet proposed to go forward with a specific rule at this time,” Ms. Schapiro told lawmakers. In an interview with InvestmentNews, an SEC official confirmed the delay. “The time frame certainly has slipped,” said the official, who asked not to be identified, as the rule that has not yet been proposed. “It's extremely unlikely that there will be a rule this year. We are very determined to get it right. We're quite engaged with interested parties.” The SEC has been under pressure from fiduciary-duty skeptics to justify the benefits of a new rule. In January, the SEC delivered a staff report to Congress recommending that the commission proceed with such a regulation to better protect investors who are confused by the differing standards that investment advisers and broker dealers must meet. Two commissioners — Kathleen Casey and Troy Paredes — dissented with the report, asserting that it does not include a sufficient economic analysis to justify its conclusion. Since then, Capitol Hill Republicans have picked up that theme, pressing the SEC not to proceed on fiduciary duty until doing a thorough cost-benefit calculation. In July, the U.S. Court of Appeals for the District of Columbia Circuit vacated an SEC rule on proxy access because the court said that the agency had “failed once again … adequately to assess the economic effects of a new rule.” An effort to bolster the agency's approach to economic analysis is one factor slowing a potential fiduciary-duty rule. “We are spending tons of time on re-evaluating how we did cost-benefit historically,” the SEC official said. “And that is going to take longer.”

Latest News

Family offices poured $68.3B into AI and RIA deals in Q3 2026
Family offices poured $68.3B into AI and RIA deals in Q3 2026

FINTRX data shows 342 company transactions in the quarter, with wealth management consolidation driving nearly one in seven deals.

Wells Fargo and Merrill Lynch settle excessive commissions probe
Wells Fargo and Merrill Lynch settle excessive commissions probe

State regulators secure $4.4 million from two broker-dealers over unreasonable charges on small-dollar retail equity trades.

The straight-line retirement is over. Here’s what comes next
The straight-line retirement is over. Here’s what comes next

New F&G survey finds most pre-retirees are delaying or redesigning retirement, creating fresh planning opportunities for financial advisors.

Trump Accounts face midterm test as rules shift, warns Focus exec
Trump Accounts face midterm test as rules shift, warns Focus exec

Focus Partners Wealth’s Jeffrey Levine says a Democratic House or Senate would make new legislation on Trump Accounts much harder to pass

Fintech bytes: DeepVest pushes into financial planning with PlanLab
Fintech bytes: DeepVest pushes into financial planning with PlanLab

Docupace also rebuilt its wealth operations platform around a single client record, while Focus Financial picks Nevis to bring AI to its advisors.

SPONSORED Built on insurance experience to deliver on long-term promises

Knighthead Life entered the market with a competitive MYGA. A strong launch earned advisor confidence and paved the way for FIAs.

SPONSORED In the Age of AI, Trust Becomes the Advisor's Greatest Asset

As AI makes financial information more accessible than ever, Lana Hock explains why human judgment, trust, and empathy remain the qualities clients value most in a financial advisor