More On Legal & Compliancefrom The Advisor's Professional Library
- Trading Practices and Errors When SEC-registered investment advisors conduct annual audits of firm policies and procedures, they should pay close attention to trading practices. Though usually not required to, state-registered advisors should look at their trading practices and revise policies that do not fully protect clients.
- Advertising Advisor Services and Credentials Section 206 of the Investment Advisers Act contains the anti-fraud provision of the statute and ensures that RIAs advertising and marketing practices are consistent with the fiduciary duty owed to clients and prospective clients.
Kevin Keller, CEO of CFP Board, says that the "buzzwords" being bandied about on "K Street, Capitol Hill, and at the SEC" is that when it comes to reforming financial planning services, Congress is debating some type of "harmonization or a universal standard of care." The concern among the three planning groups, Keller says, is that those words are "in effect a euphemism for a lower standard of care. We think it's in the best interest of the public that financial planning services be provided at a fiduciary level and at a level that requires a high level of competence."
When the 111th Congress convenes, Keller says, "financial services reform is one of its top priorities." The economic crisis, he says, was "clearly not caused by financial planners; what we do know is that if the financial intermediaries that got us into this mess were putting the best interests of their clients first, we probably wouldn't be in this situation." So the three planning groups want to "make sure that in any movement or legislation that might seek to impose some uniform standard of care, that the interests of the public are represented and protected and that financial planning doesn't get swept up in some broad legislation."
The top executives of the three groups held their first "exploratory" meeting on December 3, and while no date has been set for the next meeting, Keller says "there is work happening at the staff level," of each organization. "We'll be continuing to work with the other two groups."