RIAs say DOL rule delay doesn't matter because industry is moving toward fiduciary anyway

Regardless of whether the fiduciary rule is ultimately repealed, advisers say it is becoming more popular among consumers.
APR 05, 2017

Independent financial advisers are generally shrugging off the Department of Labor's 60-day delay of its fiduciary duty regulation, suggesting that the proverbial horse is already out of the barn. "The delay is just delaying the inevitable," said Shawn Blau, managing member at ATR Advisors. "Irrespective of the DOL, the industry is moving toward requiring a fiduciary standard," he added. "Long term, the trend is toward more fiduciary requirements." Registered investment advisers that already act as fiduciaries have largely benefited from the year-long debate and legal wrangling over the status of the rule, which was originally written to require fiduciary standards for any financial professional giving advice on retirement accounts. Delaying the enactment of the first stages of the rule to June 9 from April 10 is "disappointing," according to Carolyn McClanahan, founder and director of financial planning at Life Planning Partners. "For our firm, it means nothing because we are already fiduciaries, but as an industry, I hate that we can't come to an agreement to act as a fiduciary for our clients," she added. On whether the rule will eventually become law, Ms. McClanahan said, "I'm not hopeful, given the current administration. But one of the things I've learned about Washington is you never know what's going to happen until after it has happened." Jordan Waxman, managing partner at HSW Advisors at HighTower, also doesn't believe the rule will impact the way he already works as a fiduciary, but he is not optimistic about the future of the DOL rule. "I'm a pragmatist, and my sense is that the rule will ultimately be repealed," he said. "You will see a whole bunch more comments and support for this delay, and my hunch is that the rule gets killed in January of next year." Meanwhile, Mr. Waxman shares a broader industry perspective that the general idea of fiduciary responsibility is already on its way to becoming a mainstream concept, regardless of what regulators and politicians decide. "The dialogue around fiduciary status has certainly increased," he said. "Not everybody knows about fiduciary, but more people are talking about it." Like the way it has been since the rule was first unveiled a year ago, many RIAs are sitting back and watching the show, while using every opportunity to promote their own fiduciary status. "We weren't worried that we'd have to change the way we provide advice," said Peter Lazaroff, co-chief investment officer at Plancorp. "The law was written by people who don't give financial advice, but once you understand the difference between fiduciary and suitability standards, why would anybody want to work with somebody under a suitability arrangement?" he added. "I personally would like to see the rule go beyond retirement advice, and separate that from people who are just selling products."

Latest News

Texas man says SEC and fund could make him pay twice
Texas man says SEC and fund could make him pay twice

A $141M judgment and a federal asset freeze collide over one shrinking pool

Osaic executives Kristy Britt and Greg Cornick to leave
Osaic executives Kristy Britt and Greg Cornick to leave

The firm's CFO and EVP of Wealth Management Solutions are the latest executives to exit the broker-dealer.

Estate planning becomes a client retention issue for financial advisors, survey finds
Estate planning becomes a client retention issue for financial advisors, survey finds

Clients are saying they would consider switching advisors if another professional offered estate planning services, according to a new Trust & Will survey.

Candidly adds AI agents for Trump Accounts, workplace benefits
Candidly adds AI agents for Trump Accounts, workplace benefits

CEO Laurel Taylor says the fintech's composable AI stack helps workers optimize dollars across Trump Accounts, 529s, 401(k)s, and other employee benefits.

BMO adds three advisors in Dallas amid Y'all Street wealth boom
BMO adds three advisors in Dallas amid Y'all Street wealth boom

The bank has swiped three private banking veterans from BNY as the city climbs the ranks of America's fastest-growing wealth hubs.

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

SPONSORED Why direct indexing stopped being optional

Direct indexing is on pace to outgrow ETFs and mutual funds. Northern Trust's Ken Lassner explains why the advisors who get it wish they had started sooner.