From the March 2009 issue of Research Magazine • Subscribe!

ICI Shares Fund-Industry Wish List

More On Legal & Compliance

from The Advisor's Professional Library
  • Using Solicitors to Attract Clients Rule 206(4)-3 under the Investment Advisors Act establishes requirements governing cash payments to solicitors. The rule permits payment of cash referral fees to individuals and companies recommending clients to an RIA, but requires four conditions are first satisfied.
  • Client Commission Practices and Soft Dollars RIAs should always evaluate whether the products and services they receive from broker-dealers are appropriate. The SEC suggested that an RIA’s failure to stay within the scope of the Section 28(e) safe harbor may violate the advisor’s fiduciary duty to clients, so RIAs must evaluate their soft dollar relationships on a regular basis to ensure they are disclosed properly and that they do not negatively impact the best execution of clients’ transactions.

The head of the fund-industry's advocacy group has outlined the regulatory reforms that most need Washington's attention. Here's the list, compiled by Paul Schott Stevens of the Investment Company Institute:

o Establish a single U.S. capital markets regulator for the SEC and Commodity Futures Trading Commission.

o Update the securities laws and harmonize laws that regulate brokers and investment advisors.

o Enlarge the mission; tough enforcement of securities laws must include smart oversight.

o Pay attention to agency management, including a better mix of disciplines on SEC staff, and

o Restructure staff offices.
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Please send your views on the wish list to jlevaux@researchmag.com.

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