More On Legal & Compliancefrom The Advisor's Professional Library
- Privacy Policies and Rules Whether an RIA is SEC or state-registered, the firm must have policies and procedures in effect to protect clients privacy. Policies and procedures should explicitly require an RIA to send out its privacy notice each year.
- Nothing but the Best Execution Along with the many other fiduciary obligations owed by RIAs, firms owe a duty to seek best execution of clients transactions. If they fail to do, RIAs violate Section 206 of the Investment Advisers Act.
Opinions vary as to what Senator Christopher Dodd's retirement, announced in January, will mean for financial services and healthcare reform. Knut Rostad, chairman of The Committee for the Fiduciary Standard, says that now that Dodd will "not have to be reckoned with after the election, industry opponents of the Consumer Financial Protection Agency will push even harder to reduce its firepower, or go with the alternative and weaker option promoted by the Heritage Foundation. To balance this loss for Main Street, pushing and repackaging the fiduciary standard language to resonate with Main Street makes sense."
Others like analysts at Concept Capital, a Washington Research Group, agree that the proposed Consumer Financial Protection Agency "could not get 60 votes in the Senate." Therefore, the analysts say they expect Dodd "to weaken the agency by putting the existing banking regulators in charge of it." Dodd will also compromise to get a Senate/House financial reform bill enacted, the analysts predict, because he would "like to have his name on a signature piece of legislation" before he leaves office.