Editor's Choice: Week of June 1, 2009

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.
Good news, bad news. It turns out the economy only shrank at an annual rate of 5.7% in the first quarter, not the preliminary estimate of 6.1%, the Commerce Department reported on May 29, but the FDIC's Sheila Bair said May 27 that the U.S. banking industry "still faces tremendous challenges," and that "asset quality remains a further concern" upon the release of its Quarterly Banking Profile Perhaps Treasury Secretary Geithner didn't read the report; as he arrived in China May 31, he proclaimed that the U.S. financial system "is in substantially better shape."

Major reports this week include May retail sales numbers on June 4, and May unemployment figures on June 5.

Also, look for onsite news coverage from IA staff this week from the Pershing LLC conference and the NAPFA national gathering.

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