More On Legal & Compliancefrom 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 communicationsto 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.
BlackRock Inc. executives met with Federal Reserve officials this month to explain why the world’s largest money manager doesn’t pose enough risk to the financial system to merit central bank supervision.
Bloomberg reports Wednesday that Robert Connolly, BlackRock’s general counsel, and vice chairman Barbara Novick, head lobbyist and one of the New York-based firm’s co-founders, met Nov. 4 with seven Fed officials to discuss the newly formed Financial Stability Oversight Council's authority to designate a firm “systemically important” and liable to tougher oversight, according to a posting on the Fed’s website.
Bloomberg says the oversight council, created by the Dodd-Frank financial overhaul law passed in response to the global economic crisis of 2008, can recommend that the Fed strengthen rules to reduce risk at banks and other financial companies. The group will decide next year which, if any, money managers, mutual funds, hedge funds, private-equity firms, insurers and other companies deserve more monitoring because they pose a potential risk to financial stability.
Connolly and Novick told Fed officials that “unlike a bank, an asset-management company acts as an agent for its clients and does not hold investment assets on its own balance sheet,” according to the Fed website. “They also noted that clients can and do replace asset managers, with minimal switching costs, which could reduce the systemic-risk consequences arising from an asset manager falling into financial distress.”
Bloomberg notes BlackRock, which manages $3.45 trillion in assets, is among a group of financial firms and industry lobbyists who are appealing to Fed officials about the Dodd-Frank requirements, according to meeting summaries on the Fed website.
“If a bank fails, there are a whole lot of issues that are systemically relevant in the economy,” Novick said in an interview yesterday. “If an asset manager fails, there are a line of people who are competitors to that asset manager in one product or multiple products who can step into their shoes.”