More On Legal & Compliancefrom The Advisor's Professional Library
- Scope of the Fiduciary Duty Owed by Investment Advisors A fiduciary obligation goes beyond the suitability standard typically owed by registered representatives of broker-dealer firms to clients. The relationship is built on the premise that the advisor will always do the right thing for the person or entity receiving advice.
- Privacy Policies and Rules Whether an RIA is SEC or state-registered, the firm must have policies and procedures in effect to protect clients privacy. Policies and procedures should explicitly require an RIA to send out its privacy notice each year.
The National Association of Personal Financial Advisors (NAPFA) announced at its annual meeting, beginning May 14 in Long Beach, California, that it had achieved several milestones in its 25th year of existence, and announced that its board had elected Diahann Lassus of Lassus Wherley in New Providence, New Jersey, as its next chair, succeeding Tom Orecchio. At the meeting, CEO Ellen Turf announced that membership in the fee-only group had reached 2,008--of whom 1,233 were NAPFA-registered advisors--that the group's budget was over $4 million, and that 46 study groups (which act like local chapters) were active across the country. Conference chair John Ritter noted that the gathering was the biggest-ever NAPFA national show, with 545 advisor attendees and 145 exhibitors.
As for the group's priorities on the regulatory front, Lassus and Ron Rhoades of NAPFA's industry issues committee ticked off the Rand Report at the SEC, senior investor protection, enhanced disclosure, particularly with the summary mutual fund prospectus, principal trading, and the growth of dually registered advisors. "The SEC," charged Lassus, "continues to focus more on Wall Street than Main Street." While in response to a question on the group's influence in Washington, Rhoades said "no one's ever comfortable with their lobbying clout," Lassus believes that "the SEC listens" to NAPFA.