TD Ameritrade: Advisory firms registered with the SEC should be required to do annual custody reviews

Compliance officers at investment advisory firms registered with the SEC should be required to conduct annual custody reviews and to certify those results, according to TD Ameritrade Institutional.
JUL 27, 2009
Compliance officers at investment advisory firms registered with the SEC should be required to conduct annual custody reviews and to certify those results, according to TD Ameritrade Institutional. The firm made that recommendation and others in a July 24 comment letter filed with the Securities and Exchange Commission to oppose a controversial proposal that would subject thousands of investment advisers to surprise exams by outside auditors. The public-comment period on the proposal to require the roughly 6,000 federally registered investment advisory firms that deduct their fees from client accounts to be subject to surprise audits ends tomorrow. The benefits of the SEC proposal “would be minimal at best, since the [investment advisory firms] do not have true custody, but the costs would be substantial,” Thomas Bradley, president of Jersey City, N.J.-based TD Ameritrade Institutional, wrote in the letter. TD Ameritrade provides custody services to about 4,000 advisory firms that manage about $80 billion in assets. It is encouraging its advisers to file their own comment letters to oppose the proposed rule change and has even offered them a sample letter that they can use and send to the commission. Both TD Ameritrade's comment letter and the one it is offering to advisers includes recommendations to protect investors from future scandals. In addition to requiring advisory firm compliance officers to certify annual custody reviews, the should SEC conduct more inspections of investment advisory firms and focus more heavily on matters involving custody assets, TD Ameritrade said. The commission should also provide guidance on the maximum fee that advisory firms can deduct through independent custodians, and investment advisers should be required to notify clients when fees are withdrawn from their accounts, TD Ameritrade suggested. “Rather than looking to [investment advisory firms] and their clients to bear the costs of surprise audits, the SEC should be enlarging its staff and greatly increasing the frequency of its [investment advisory firm] inspections, with a greater focus on client asset custody matters,” wrote Mr. Bradley in TD Ameritrade's comment letter.

Latest News

SEC to lose Hester Peirce, deepening a commissioner crisis
SEC to lose Hester Peirce, deepening a commissioner crisis

The "Crypto Mom" departure would leave the SEC commission with just two members and no Democratic commissioners on the panel.

Florida B-D, RIA owner pitches bold long-term plan to sell to advisors
Florida B-D, RIA owner pitches bold long-term plan to sell to advisors

IFP Securities’ owner, Bill Hamm, has a long-term plan for the firm and its 279 financial advisors.

Fintech bytes: Vanilla, Wealth.com forge new estate planning partnerships
Fintech bytes: Vanilla, Wealth.com forge new estate planning partnerships

Meanwhile, a Osaic and Envestnet ink a new adaptive wealthtech partnership to better support the firm's 10,000-plus advisors, and RIA-focused VastAdvisor unveils native integrations with leading CRMs.

Fiduciary failure: Ex-advisor who sold practice fined after clients lost millions
Fiduciary failure: Ex-advisor who sold practice fined after clients lost millions

A former Alabama investment advisor and ex-Kestra rep has been permanently barred and penalized after clients he promised to protect got caught in a $2.6 million fraud.

Why the evolution of ETFs is changing the due diligence equation
Why the evolution of ETFs is changing the due diligence equation

As more active strategies get packaged into the ETF wrapper, advisors and investors have to look beyond expense ratios as the benchmark for value.

SPONSORED Are hedge funds the missing ingredient?

Wellington explores how multi strategy hedge funds may enhance diversification

SPONSORED Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management