SEC zeroes in on brokers with high rollover batting averages

Commission and Finra are concerned that brokers are steering investors into higher-fee accounts.
FEB 20, 2014
If you're a broker who has a knack for successfully transferring client assets from company retirement plans to individual retirement accounts, you may attract unwanted attention from the Securities and Exchange Commission. The SEC and the Financial Industry Regulatory Authority Inc. have made rollover reviews an examination priority for 2014. Both agencies are concerned that financial advisers may be encouraging rollovers to increase their own revenue rather than to help their clients enhance their nest eggs. Check out a video interview with Dale Brown, where the Financial Services Institute Inc. president and CEO offers his Finra wish list. “If someone has a really high batting percentage, that's when we want to dig in, perhaps talk to the clients and customers and figure out what conversations they're having, what are [clients] told, what really led [clients] to this decision,” Kevin Goodman, national associate director of the SEC broker-dealer examination program, told an audience at the FSI's OneVoice Broker-Dealer Conference in Washington on Tuesday. Finra is reviewing the transparency, disclosure and assessment of client risk surrounding rollover decisions, according to Susan Axelrod, Finra's executive vice president for regulatory operations. “The rollover issue is the key moment in someone's financial lifecycle; it's the critical moment,” Ms. Axelrod said at the conference. “So, it's appropriate for us to focus attention on it.” She said that there's not an urgent problem with rollovers, but Finra is trying to “get a handle on how the industry is monitoring this activity.” The topic has drawn the attention not only of the SEC and Finra but also the Labor Department, which is likely to address rollovers when it re-proposes its fiduciary-duty rule in August. “This area is getting more attention than before, and I think that's quite positive,” Ms. Axelrod said. Dually registered financial advisers who can operate as investment advisers or brokers are another exam priority for the SEC. When they wear their investment adviser hat, they must provide advice that's in a client's best interest. When they act as brokers, they meet a less stringent suitability standard governing sales of investment products. The SEC is delving into how advisory firms make the decision to put clients into advisory accounts or brokerage accounts. The agency will assess the level of trading in the accounts and the amount of investment advice provided, among other factors. “What we're really looking for are the outliers, which might be firms that are consistently guiding people to the wrong space in terms of what's in their best interest,” Mr. Goodman said. The SEC also is studying how firms decide whether to practice as investment advisers or brokers. Mr. Goodman said that fiduciary duty is a high bar, but that broker regulation is more detailed and directive. “I have a feeling that we're going to find there are some cases where the fiduciary duty scares firms off, but there are probably just as many cases where the prescriptive nature of broker-dealer rules scares people off,” Mr. Goodman said. “We want to understand where the bright lines are.”

Latest News

The Stacking Strategy: How Intelligent Allocation Can Create Better Tax Outcomes
The Stacking Strategy: How Intelligent Allocation Can Create Better Tax Outcomes

What if one investment decision could create tax-saving opportunities across your entire portfolio? Chris Vizzi shares how the Stacking Strategy helps investors align tax planning, portfolio construction, and wealth preservation to maximize long-term outcomes while keeping more of what they earn.

AI could drag down RIA valuations, warns Alaris CEO Allen Darby
AI could drag down RIA valuations, warns Alaris CEO Allen Darby

Buyers spending on AI may treat less efficient sellers as overstaffed and price the cost of rightsizing into lower offers

Former Western Asset Management star bond manager fined $3 million
Former Western Asset Management star bond manager fined $3 million

Kenneth Leech pleaded guilty in June to one obstruction charge, and could face six to 12 months ⁠in ​prison.

Morningstar rolls out agentic AI platform built on its research
Morningstar rolls out agentic AI platform built on its research

Launch of Direct AI follows a model portfolio tie-up with Envestnet as advisors juggle AI adoption and private-market due diligence.

Advisor moves: Osaic draws Equitable advisor overseeing $245 million in assets
Advisor moves: Osaic draws Equitable advisor overseeing $245 million in assets

Meanwhile, Cetera's streak of Commonwealth recruitment continues in Washington, and an LPL advisor hops over to Raymond James in Maine.

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