Results for "Fiduciary Corner"

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Can investment advisers disclose away all conflicts? Can brokers?

October 16, 2018

With the release of its regulatory package on April 18, the Securities and Exchange Commission drew an important distinction between disclosure obligations for investment advisers versus those for brokers. Even as the greater fiduciary debate...

Duty of due care and robo-advisers

October 11, 2015

Investment advisers have a fiduciary duty to act in the clients' best interests. As it applies to the robo-advisers now on the scene, I don't think the technology has advanced to the point that they care enough to reliably serve clients' best...

Redefining an accredited investor

March 15, 2015

For more than three decades, the Securities and Exchange Commission has measured the ability to bear the risk of investing in private placements by financial assets, not acumen. That may be about to change. In 1982, the SEC adopted Regulation...

Regulators can't keep up with change

December 21, 2014

Cheers to the new year and another chance for us to get it right.” That quote, while attributable to Oprah Winfrey, expresses what SEC commissioners must be feeling about their fiduciary rule making. The Securities and Exchange Commission...

Fiduciary case law provides insight

May 25, 2014

Most of today's headlines about the fiduciary standard are about deadlines, not details. Will or won't the Securities and Exchange Commission and Labor Department move forward with changes to the fiduciary standard? The devil, of course, is...

Conflicts aren't all bad for investors

May 10, 2015

Does conflicted advice inevitably result in harm to investors? This question is central to the form and substance of how investment advice is regulated. Based on the Department of Labor's April 2015 edition of the “conflicts of interest rule,”...

SEC on a fiduciary fishing expedition

March 31, 2013

On March 1, the Securities and Exchange Commission took a highly unusual — perhaps unprecedented — action. The agency issued a “request for data and other information” in advance of proposing a rule. Specifically, the commission requested...

Enforcement of securities laws a must

October 28, 2012

There is a crisis of investor confidence in the integrity of financial market participants and regulators. Although there are many underlying causes of the crisis, financial misconduct is clearly one that is both prominent and able to be remedied....

Are cost-benefit analyses exploited?

September 30, 2012

Cost-benefit analyses are either being productively used or abused in financial regulation, depending on your point of view. Those stances are embroiled in intensive debate, as highlighted by two recent events. The first is the introduction...

When duty clashes with public policy

September 2, 2012

State and local public pensions are in the cross hairs. Collectively, they are underfunded by between $1 trillion and $3 trillion (depending on earnings rate assumptions) and are a major reason for the precarious fiscal condition of thousands...

Fiduciary: Contentious, unsettled

September 28, 2014

Earlier this month I participated in the Fiduciary Leadership Summit hosted by TD Ameritade Institutional, which brought together investors, regulators, legislative staff members, financial service company leaders and representatives of professional...

Proxy voting lets fiduciaries use power

October 2, 2011

Proxy voting is one of the most powerful but underutilized tools that fiduciaries have to serve the best interests of investors. Through their voting power, shareholders, especially institutional shareholders, have the ability to influence directly...

Taking their cue from Congress

August 7, 2011

I think I found the model for how opponents of the fiduciary standard hope to render the standard meaningless after financial regulatory reform. The model has four parts that can work perfectly to dilute the fiduciary standard and render it...

Cultural changes overshadow reform

May 29, 2011

A shift in culture for investment advisers is overtaking regulatory reform in scope and significance. Although subtle evidence of the shift can be observed in the United States, it is readily apparent in Australia and New Zealand, where I recently...

Industry preparing for an adviser SRO

June 22, 2014

Self-regulation is a hot topic at many conferences for investment advisers. Most often, sessions on the subject center on the question of whether the Securities and Exchange Commission should continue to provide direct regulatory oversight of...

Where does advisory industry go from here?

February 6, 2011

Without the unequivocal support of all the members of the Securities and Exchange Commission, just how much can we learn about the future direction of the regulation of investment advice from the two SEC studies that were released last month?...

Review the process, not just performance

January 9, 2011

At this time of year, investment stewards — retirement plan sponsors, and managers and trustees of charitable organization investment committees — are receiving 2010 year-end investment performance reports and poring over them to prepare...

Rule change takes aim at 'schlocky advice'

November 7, 2010

Last month, the Department of Labor proposed to expand the definition of the term “fiduciary” under the Employee Retirement Income Security Act of 1974. According to the DOL, the rule “would protect beneficiaries of pension plans and individual...

The role of a fiduciary is timeless

August 15, 2010

As required by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, the Securities and Exchange Commission has begun a six-month study of the regulation of brokers under the fair-dealing standard and advisers under the fiduciary...

In volatile times, it pays to revisit the IPS

June 6, 2010

With financial markets careening up and down amid new financial, en-vironmental and geopolitical crises, investors are justifiably nervous about whether seemingly desperate times call for desperate measures. Financial stewards, as well as the...

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