Recruiting protocol carve out by Merrill Lynch raises questions

Merrill Lynch is carving out some of its private banking units from the broker recruiting protocol.
APR 23, 2010
Bank of America/Merrill Lynch & Co. is carving out some of its private-banking units from the broker recruiting protocol. In a letter sent to protocol signatories on Monday, the firm said that advisers working for the U.S. Trust, Bank of America Private Wealth Management unit were not covered under the pact. Also not covered are "wealth management bankers" who work for Bank of America NA or Merrill Lynch Pierce Fenner & Smith Inc. Merrill spokesman William Halldin confirmed that the firm sent the letter, but declined further comment. "I don't see how [Merrill] can say some [employees] are not subject to the protocol," said attorney Patrick Burns, who represents brokers in employment matters. Mr. Burns said he's unaware of any other firm that has carved out certain employees. The move by Merrill appears to be an effort to cover its private bankers, he added. Mr. Burns expects a Merrill private banker to challenge the carveout at some point, but was not personally aware of such a situation. In October, BofA's former broker-dealer, Banc of America Investment Services Inc., was merged into the Merrill broker-dealer. As a result, unlike their private-banker colleagues, BAIS bank brokers for the first time were covered under the protocol. That development led to some speculation that BAIS representatives might be tempted to jump ship for some fat recruiting deals. (See story.) The recruiting protocol is a voluntary agreement between firms that allows advisers to take basic customer contact information without the threat of litigation.

Latest News

Ashton Thomas-linked Amplify debuts QuantumRisk to help RIAs weather market shocks
Ashton Thomas-linked Amplify debuts QuantumRisk to help RIAs weather market shocks

"QuantumRisk, by design, recognizes that these so-called “impossible” events actually happen, and it accounts for them in a way that advisors can see and plan for," Dr. Ron Piccinini told InvestmentNews.

Turning conversations into clients: Attract prospects and gain new clients with these five strategies
Turning conversations into clients: Attract prospects and gain new clients with these five strategies

Advisors who invest time and energy on vital projects for their practice could still be missing growth opportunities – unless they get serious about client-facing activities.

Tax Foundation analysis highlights biggest OBBBA beneficiary states, counties
Tax Foundation analysis highlights biggest OBBBA beneficiary states, counties

The policy research institution calculates thousands in tax cuts for Washington, Wyoming, and Massachusetts residents on average, with milder reductions for those dwelling in wealth hotspots.

Meltdown of some Yieldstreet real estate funds raises eyebrows from financial advice industry
Meltdown of some Yieldstreet real estate funds raises eyebrows from financial advice industry

Yieldstreet real estate funds turned out to be far riskier than some clients believed them to be, according to CNBC.

RIA M&A activity hits record pace in H1 2025: Fidelity
RIA M&A activity hits record pace in H1 2025: Fidelity

The race to 100 transactions ended a month early this year, with April standing out as the most active month on record for RIA dealmaking.

SPONSORED How advisors can build for high-net-worth complexity

Orion's Tom Wilson on delivering coordinated, high-touch service in a world where returns alone no longer set you apart.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today's choppy market waters, says Myles Lambert, Brighthouse Financial.