More On Legal & Compliancefrom The Advisor's Professional Library
- The Custody Rule and its Ramifications When an RIA takes custody of a clients funds or securities, risk to that individual increases dramatically. Rule 206(4)-2 under the Investment Advisers Act (better known as the Custody Rule), was passed to protect clients from unscrupulous investors.
- 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.
How will continuing funding issues at the Securities and Exchange Commission (SEC) impact registered investment advisor (RIA) oversight—and why is this issue entwined with extending the fiduciary standard to brokers who advise investors?
Brooklyn Law School Professor James Fanto sat down with AdvisorOne’s Kate McBride to discuss these topics in a videotaped interview right after a Feb. 10 panel and Webcast discussing the SEC’s “Study on Investment Advisers and Broker-Dealers.” Hosted by the Center on Financial Services Law at New York Law School, and The Committee for the Fiduciary Standard, the event brought together fiduciary and securities law scholars and industry experts.
After a keynote speech in which Tom Bradley, president of TD Ameritrade Institutional,said the broker-dealer exemption should be eliminated, and that sales and advice should be separated, panelists debated the Sec’s recommendations and their impact on investors as well as the financial services industry.
Joining Fanto on the panel were Thomas Selman, EVP, Regulatory Policy, FINRA; Michael Koffler, partner, Sutherland Asbill & Brennan; Robert Colby, partner, Davis Polk & Wardwell and former SEC deputy director of Market Regulation and Knut Rostad, chairman, The Committee for the Fiduciary Standard and regulatory and compliance officer at the RIA Rembert Pendleton Jackson. Tara Siegel Bernard, personal finance reporter at The New York Times, moderated the panel.
In separate interviews, Bradley and Rostad also talked with AdvisorOne’s McBride.
View the Bradley interview.
View the Rostad interview.
View the Panel Webcast