February 18, 2009

DOL Delays Investment Advice Reg

New Administration orders implementation delay

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from The Advisor's Professional Library
  • Risk-Based Oversight of Investment Advisors Even if the SEC had a larger budget and more resources, it is doubtful that the Commission would have the resources to regularly examine all RIAs. Therefore, the SEC is likely to continue relying on risk-based oversight to fulfill its mission of protecting investors.
  • Registration Requirements for Investment Advisor Representatives (IARs) When individuals launch an advisory firm, they must avoid marketing themselves or the firm as investment advisors before they are properly approved and registered.  Otherwise, they are subject to severe penalties.  

The Department of Labor has delayed implementing its Investment Advice Regulation under a directive issued by the new Administration. The investment advice rule was originally proposed in 2008 and was scheduled to become effective on March 23, 2009.

DOL recently published its final reg under Section 408(b)(14) and 408(g) of ERISA, which addresses the provision of investment advice to participants in 401(k) plans and IRAs.

The notice of postponement reopens the comment period on the investment advice reg until March 6, 2009, according to the law firm Goodwin Procter in Boston, and delays the effective date until May 22, 2009. "It is expected that there could be significant changes made to the Investment Advice Regulation during this period," Goodwin Procter says in the firm's February 17 Financial Services Alert.

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