More On Legal & Compliancefrom The Advisor's Professional Library
- Scope of the Fiduciary Duty Owed by Investment Advisors A fiduciary obligation goes beyond the suitability standard typically owed by registered representatives of broker-dealer firms to clients. The relationship is built on the premise that the advisor will always do the right thing for the person or entity receiving advice.
- 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 communicationsto clients, from clients, and about client accounts. To comply with fiduciary obligations, communications must be thorough and not mislead.
The Securities and Exchange Commission continues to add staff to its newly established Division of Risk, Strategy, and Financial Innovation, with Gregg Berman recently being named a senior policy advisor in the new division.
Berman comes to the SEC from RiskMetrics Group, a company that focuses on risk management, corporate governance, and financial research and analysis. According to the SEC, Berman held several senior positions during his 11-year tenure at RiskMetrics Group, most recently serving as the head of the global risk business. He also held positions in strategic development, and earlier served as the company's head of market risk. Berman will start his new position the week of September 28.
University of Texas School of Law Professor Henry Hu was named director of the new division in mid-September. The new SEC division combines the Office of Economic Analysis, the Office of Risk Assessment, and other functions that are meant to provide the Commission with sophisticated analysis that integrates economic, financial, and legal disciplines. The SEC says that the division's responsibilities cover three broad areas: risk and economic analysis; strategic research; and financial innovation. "This new division will enhance our capabilities and help identify developing risks and trends in the financial markets," said SEC Chairman Mary Schapiro, in a statement announcing the new division.
Hu said in a release that Gregg will have much to contribute to the new division given his "PhD in physics from Princeton and experience in nuclear research, hedge fund management, and financial modeling and analysis."
Berman said in the same release that he looks forward "to using an interdisciplinary approach, one involving economics, finance, and law, in a way that fairly addresses the needs of Main Street as well as Wall Street."
Prior to his work at RiskMetrics Group, Berman co-managed a private hedge fund, worked for an investment management company, and conducted research in experimental nuclear physics.