More On Legal & Compliancefrom The Advisor's Professional Library
- Updating Form ADV and Form U4 When it comes to disclosure on Form ADV, RIAs should assume information would be material to investors. When in doubt, RIAs should disclose information rather than arguing later with securities regulators that it was not material.
- Books and Records Rule Thorough and complete books and records enable RIAs to demonstrate that they have fulfilled their fiduciary obligations to clients and complied with applicable rules and regulations.
When it comes to the fiduciary standard, and the six-month study that the SEC will conduct to determine whether brokers should be held to such a standard, Capital Analysts President and CEO Matt Lynch says advisors "want to be sure the SEC seeks and gathers input from the industry as to how to implement these important changes.
"I've been involved in a number of meetings with the SEC and FINRA, and I've said I think there is a difference between disclosure and transparency, [and] that ultimately what [the SEC] should be doing is making it easier for the investor to understand the nature of the relationship between themselves and the advisor--including how the advisor is paid, who's paying him, and where any conflicts of interests may exist. I believe a different way of providing that financial literacy to the client would be important to add to the SEC regulations. My concerns would be that the SEC produce guidance subject to interpretation but doesn't really give the industry enough information to take action. I think changing the way we communicate with clients would be a good thing."
Return to "Broker/Dealer Marketing: Finding Their Voice."