June 22, 2009

Editor's Choice: Week of June 22, 2009

More On Legal & Compliance

from The Advisor's Professional Library
  • Client Communication and Miscommunication RIA policies and procedures must specify what type of communications should be retained. The safest course of action is for RIAs to retain all communications—to clients, from clients, and about client accounts.  To comply with fiduciary obligations, communications must be thorough and not mislead.
  • Anti-Fraud Provisions of the Investment Advisers Act RIAs and IARs should view themselves as fiduciaries at all times, whether they meet the legal definition or not.  Deviating from the fiduciary standard of full disclosure while courting clients may cause the advisor significant problems.

Financial services reform remains at the top of the agenda. Read Melanie Waddell's news story , and bloggers Mike Patton and Bob Clark's reactions. To view video of Treasury Secretary Geithner's Senate testimony on Obama's proposal to "modernize the financial regulatory system," click here .The Obama White Paper itself is here.

Healthcare reform hit center stage last week with the Senate Health, Education, Labor, and Pensions committee holding hearings on the Affordable Health Choices Act. On June 22, the Senate Banking, Housing, and Urban Affairs Subcommittee on Securities, Insurance and Investment will welcome Mary Schapiro and Gary Gensler of the CFTC to examine oversight of OTC derivatives.

This week, further evidence of a reviving economy is expected on June 23 when May existing home sales are announced, new home sales on June 24, and initial jobless claims on June 25 .

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