More On Legal & Compliancefrom The Advisor's Professional Library
- Suitability and Fiduciary Duty Recommending suitable investments is more than just a regulatory obligation. Many investors bring cases claiming lack of suitability, so RIAs must continuously put the onus on clients to notify the advisor of changes in their financial situation.
- 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 RIAs failure to stay within the scope of the Section 28(e) safe harbor may violate the advisors 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.
The Commodity Futures Trading Commission introduced one interim final rule and two proposed rules on Oct. 1, 2010, the first rules coming out of the Dodd-Frank Wall Street Reform and Consumer Protection Act, reports Michael J. McFarlin of AdvisorOne.com’s sister publication, FuturesMag.com.
The new rules are designed to bring regulation to swaps and other derivatives, McFarlin writes.
In a separate article appearing in the October issue of Futures magazine, McFarlin wrote about an August 30 CFTC ruling on foreign exchange.